Police Court. PAEROA. THURSDAY, OCTOBER 17, 1889, [Before Messrs N. Kenny & J. Hott, J.'sP.]

Te Aroha News, Volume VII, Issue 419, 19 October 1889, Page 2

Police Court. PAEROA. THURSDAY, OCTOBER 17, 1889, [Before Messrs N. Kenny & J. Hott, J.'sP.]

Larc/SNY : Lawrence McDonald, of Mackaytown, was charged on the infoimution of Constable A. J, Mitchell, with stealing ono fowl, of the value of 2s, the property of Richard Richards of Mackaytown, on the 9th of Oct. lust. Accused pleaded Guilty. Sentenced to 14 dajs imprisonment with hard labour in Mount Eden Gaol. Charge of Lniceny : The same prisoner was charged on the information of Constable A, J, Mitchell, -with stealing or c

fowl on the lOtli day of October irom Richard Richards. Accused pleaded Guilty. Sentenced to 28 diiyNimprisonment, with hard labour in Mount Eden Gaol. Charge of Dog Stealing : The same prisoner was charged on the information of Carroll Nash, of Mnckaytown, with steal" ing a dog, his property, on Oct. 10th. Accused pleaded Not Guilty. Constable Mitchell conducted the prosecution . Carroll Nash, proprietor of the Macknytown Hotel, was the first witness examined. His evidence was to the effect that accused had been working for him for the past nine weeks or so. Saw the dog way tied up and in its kennel about half-past nine on the night of the 10th, but when he got up on the morning of the 11th, about half past five, it was not there, and its collar was on the chain — opened . Before taking any other steps for the dog's recovery, ht decided to go up to the shanty a short distance off where accused wa« stopping. As he approached the house saw smoke bursting out from the house, and accused leaving it and coining in the direction of the main Paeroa-Tuuranga load. Asked accused where the dog wa«, and he replied it is up there, indicating the house he had just left, which by that time was in flames; having said that accused took off his swag,' laid it down, and 'faced' witness, who thereupon knocked him down with his fist, and when lie got up knocked ' him down a second time, and whistled for the ho}'s who lived with him to come to his assistance, which one ot them immediately did, and he sent him to call two of the neighbours, (IT, Carter and R, Richards), and when they ariived they all went to the hotel with accused a prisoner, and sent for the police to Paeroa. Saw the dog about two, houis afterwards come out of the scrub near the place where he met the accused. Accused led him to believe he had left tho dog in the burning house. There were no sighs of fire on the dog in any way. The dog knew accused well. Accused told witness several days before that he purposed going to Napier, and on the previous evening said he would start in the morning. John Keleher (one of the two youths who live with the witness Nash), gave evidence to the effect that on the evening of Thursday- Oct. 10th, he saw accused try to slip the collar off the dog, and when he could not do that he unbuckled its collar and let it loose. A bout half an hour afterwaids witness went out and whistled for the dog, but it did not come to him, and looking about he saw accused walking along the road in the direction of Paeroa, the dog following him. Saw accused stoop down and pick up a stone to drive the dog buck, but it would not go, whereupon accused turned back with the dog, and told witness be had better tie it up, which he (witness) did. Henry Carter stated he was a miner, residing at Mnckaytown. Was in the hnu^e occupied by accused about 1 a.m. on the morning of the 11th inst. The dog in question was lying down in the house, accused lying on his bed. Asked accused if the dog was Dod's, and he replied " No it is Rover, you know Rover" Witness knew Rover was MrNash's dog. Witness left the door open for seveial minutes when he went in, and if the dog wanted to get away it could have run out. Witness tlien corroborated evidence given by the the two previous witnesses, Nash and Keleher, respecting his being called by latter, etc. In reply to a question subsequently put to him by witness as to whether the dog was in the house that was burned down, accused made no direct answer, but said, u It's a pity old Nash is not there too," Constable Mitchell gave evidence as to the arrest of accused, etc., and stated accused told him he did not steal Nash's dog, nnd that it would follow any person. Witness got hold of the dog soon after it came out of the scrub; there were no signs of fire on it, it was a playful sociable pup, about sir or eight months old. This closed the case for the prosecution, and the Bench, without hesitation, stated they did not consider the charge proved. Charge of Arson : The same prisoner was charged on the information of Constable A. J. Mitchell that he did, on the 11th Oct, at Mackaytown, unlawfully, maliciously, and feloniously set fire to a certain dwelliug-housg there situate, and in the possession of the said Lawrence McDonald, with the intent to injure, etc. Carroll Nash, hotelkeeper, of Mackaytown, deposed to knowing the accused for about nine weeks past, he /having been in bis employ. Last week, a couple of days be • fore accused was arrested (accused having ceased to work for witness), he < gave him permission to occupy a "one-room house, situated at Mackaytown a short j distance from where witness lived, the house referred to being the property of Charles MeWilliams. On the Thursday evening previous to the'fire witness had an altercation with accused relative to the settling up of accounts between them prior to his leaving witness' emoloy, and ac- ! cused's conduct was so bad that he at last ejected him from off his premises altogether. Next morning he missed his dog and went up towards the house occupied by accused to look for it, and saw smoke issu ing from the house, snd accusd just coming away from it. Before he got many yards further the house was in fUmes, the flames being principally about the middle of the house. Accused had his swag on his back. Charged accused with setting fire to the place, to which he made no reply. Was quite satisfied the fire was well advanced in the house before accused left it. [Witness then detailed, as in the previous case, how accused 'faced' at him in a threatening manner, how he knockod him down and made him a prisoner until the police came, etc.] In reply to accused witness stated the house was past all saving at the time he met him. ' Daniel Keleher, deposed, that he was a miner, residing at Mackaytown ; and knew the accused. On Friday morning last, about half-past five, saw accused lying on the side of the track leading to his house, and Mr Nash standing by him. The house accused had occupied was on fire at this time. The fire appeared to be in the middle of the house, and away from the fireplace. The flames had broken out through the woodwork when witness first saw the fire, and the roof was burning at the furthest erd. Could see the door, i which was closed. Could not see any fire at the side of the house where the fiie place was. There used to be a bedstead in the end furthest from the fireplace, but witness had not been in the house very recently. Saw a swag, axe, and piece of rope, lying about thirty feet away on the

road Ride from where Mr Nash and • the accused were. At Mr Nash's request witness went for TT. Carter R. Richaids, to come to hi.-? assistance ; they ciine nnd Carter carried the swag down to the hotel. Win. H. Carter, deposed that he was a miner, residing at Mackaytown, and knew accused, and the'-house he occupied. Was in the house every day last veek f prior to its being burnt. The chimney was an iron one, briuked all round inside the fireplace ; and in good order. Ihe house contained, an iron bedstead, situated at the further end from the fireplace. The bottom of the bed was formed of palings, us a substitute for laths, with straw for a bud. Was in the house on the morn * ing of the fire about o«ie o'clock. Wns I called up by the last witness, Daniel Keleher, about six o'clock, to go to Mr Nash. On his way to him passed by where the house wns, it was then .ill burnt down, au d the fence burning. In reply to his question if the dog was in the fire, accused made no reply, but said " It's a pity old Nash is not there too." He also said when lie got this job over he would come back and murder Na«-h. By Bench : He said this in the presence of the lad, John Koleher. ■ By accused : The bricks were in good order. There was straw scattered about' the floor. Then 1 was no way of making the door fast on the outside — no lock on it. Cluis. Bailey Me Williams, mine manager at Thames, deposed that lie was the owner of the house at Mackay'town. It was about 14ft. by 12ft., and built of weather board and shingle. lie estimated he was a loser to the extent oC LIO or Ll5, thiongh the house being burnt down. In reply to the Bench : Htj gave' Mr Nash permission to use the house if he required it for any person working for him. Carroll N'ish, re-called, in reply to the Bench said t Accused was well, aware the bouse he gave him permission to live in was McWilliams'. He told him so. Constable A. J. Mitchell, deposed to the arrest of accused, who spoke about Nash, and appeared very bitter against him. He said, " The old bastard, I have worked for him now for nine or ten weeks, and I have not handled a shilling of his money." Asked him if lie knew what caused the fire. He replied, "he knew nothing at all about it, but he would bet it wouldn't do old Nash any good." Before taking accused up to where the house had been, witness opened his swag, and found it contained two billeys and a pannikin inside a small wicker basket and a cooked fowl wrapped up in seme clothing, the swag being tied up and ready for a journey. Brought nccused into Paeroa ami locked him up. The same day, about 5 p.m., on taking his tea to him, he asked witness what he was re illy charged with. Witness replied : With stealing Na«h's dog, charges of stealing fowls, wilfully setting a place on fire, an 1 other charges wonM be brought against him ; he lvfliel, "I don't want to put you to any tronl le ; to the taking the fowls, and burning the place down, I'll plead guilty, for I don't see how the devil I can get out of that ; but I div not, take the dog, it will follow any person." This concluded the evidence. Accused reserved his defence, and was committed to stand his trial at che next sitting of the Supreme Court at Auckland. Charge of Breaking and Entering 1 , etc. : Henri Legrene and Laurence Ale Donald, were charged that they did on the sth day of October last, at Black aytown, feloniously break «nd enter a certain building, to wit the bar of the dwelling of Carroll Nash, there situate, and did from the paid bar, steal, take, and carry away, two bottles of whisky, one of schnapps, and one bottle of beer, of the total v:.lue of one ponnd. The police stated they had no evidence to offer in the case of Legrene, as from information since obtained it appeared he •was not a party to the offence. The Bench consequently dismissed the case, and discharged the prisoneis. A fresh information was, however, immediately laid by the police against McDonald, charging him with the offencerecited above. The depositions- of C. Nash and Henri ; Legrene were taken, after which it was decided to adjourn the further hearing of : the case for a week, owing to thelatenes3 of the hour, and there b^ing a number of 1 other witnesses to call.