RESIDENT MAGISTRATE'S COURT. INCENDIARISM.

Colonist, Issue 89, 27 August 1858, Page 3

RESIDENT MAGISTRATE'S COURT. INCENDIARISM.

Mrs. King, and John Henry King, junior, were, on Friday, the ]6th July, again brought up ; but owing to the indisposition of our worthy Magistrate were further remanded until Monday last, when, on their appearance in Court, the Counsel for the Prosecution called—

John Finlay, who deposed: I am a carpenter and builder, residing in Auckland. I occupied a timber yard and workshop in O'Connell-street. [A plan of the ground was here shewn the witness, who said it was correct.] The plates of my workshop are laid on brick piers; the ground plate being on the ground. The ground towards Highstreet was lower than in my workshop. I should say Leathem's ground was three feet lower, and King's about eighteen inches. The upper workshop was supported by four uprights, and was about as high as the Court room above the ground. There was an open space under, with posts in front. The back of the lower shop had no hoards whatever, merely four studs, which were six inches from King's weather-boards, which formed the back of my workshop. The rest of the back of the workshop was formed by Leathem's oven. Above the roof of the oven to the shingles I nailed same time ago three or four loose boards. It was half-past one o'clock by my clock when I first heard of the fire, .but my clock is slow I went down directly to my yard and found the gates open. I met the watchmaker, who lives next door, and said to him you had best clear out. I saw a man in the timber yard, doing what he could to save the timber. I have since ascertained that the man was Serjeant Sims. I saw no fire at first, but lots of smoke, which was issuing from the back of my shop. I then went to the back to see where it came from, and found flames coming through King's weather-boarding and rushing up into 1113' shop. I am qnife certain the fin* w;;s coming from King's kitchen. By the kitchen I mean the whole of the building, including the store. I have been on the ground since the fire. I found my ground plates lying there. They were burnt on King's side, but sound on mine. The deposition having been read over, the witness declined signing until he had made the following statement: —Just before the back of Henry Keesing's house took fire, I was leading the hose of No. 1 engine, when the prisoner (young King) came up rubbing his hands and asking me if I had seen his mother. I said, where have you been that you have not seen your mother? He said that he had just come into town. This was about half-past three or four o'clock. The fire had not then touched Keesing's house.

. Edward Barnett being called and sworn, deposed that he was a seaman. On the 6th instant, the night of the fire, was living at Mrs. Gourley's, in High-street. I recollect the fire, was first aroused by theory of fire. 1 got up and looked through the window and saw smoke and flame coming from the back of King's and going towards the blacksmith's shop. I can't say from which building it was coming. When I was looking out of Gourley's window, the fire was issuing out towards my right hand. When I first saw Mrs. King, I was looking out of the window, she was upstairs, singing out for help, " will nobody come and help me." When I got down she was in the street, she was dressed in a night-gown. When I first saw her in the street she was singing out, "" Oh, my God, will nobody come and help me." I then vrent into the house. I first went into the bagatelle room, there was no fire in that room, but fire ■was coming in at the window. I then went into the passage, and said to Mrs. King, let me go upBtairs, and I will heave everything out. She gave me no answer. She let me go after a bit. She never put her hands on me to prevent me, I laid my hands on her because she would not shew me the way, she was in too much trouble. I did not go upstairs because the door was shut, when I went into the room the door was open; I was on the bottom step when the door was shut, I did not see who shut it, nobody shewed me but I knew the way. 1 can't say whether the door shut of its own accord. I turned back when the door was closed, and sung out, open the door. I put my foot against it and pulled it open, and then came out into th? passage, came out by the door at the corner of the bar. The prisoner, Henry King, and Taylor then came in; King then sung out, "Oh God, mother, what is the matter." His mother told him that the house was on fire. I stopped in the passage. Mrs. King went upstairs or into the parlor, am not sure which, but think she went upstairs. Was in the passage when she went through the door; King was with me. When Mrs. King came out into the passage, she svid/' Won't you let me out—oh my God, let me oat;" then let her out. There was a door across the passage which was shut, but don't know how. Mrs. King did not tell me plainly not to go upstairs ; she kept saying, "Oh no,*oh no." Have not held any conversation with Taylor at the Court House Hotel; had a glass of grog with him, and we talked about the evidence in the paper. The witness was here cautioned, by the Resident Magistrate, not to perjure himself, and told that the evidence was diametrically opposite to that he gave before the Coroner. The witness ■was then told to tell what happened without being questioned, when he stated : That the door was shut across the passage, it was open when I ■went up stairs, King and Taylor were standing by it when I came down, I said I would knock one of them down if they did not let me out, I then opened the door and then went out, I pulled the door open after I sang ouf. When I first went into th« -street I saw Mrs. King outside. I then

went into the house, first went into the Bagatelle room, saw flame coming out at a glass window, then went into a passage by the door at the corner of the bar, Mrs. King was there, said to her, shew me the way up stairs nnd I will heave everything oufc iv ten second?, she was crying Oh no, oh no, and then caught her by the night gown to frighten her. I then went to the bottom stair and was going up stairs when the floor was shut, don't know who shut it, 1 turned back and sung out open the door, gave it a kick and a pull and came out. Henry King and Taylor were standing there. Young King said "Oh my God, mother, what is the matter, she said the house is on fire. Saw young King about, five minutes after I got into the house, he looked as if he had come from walking. Mrs. King came down stairs with a box, she was saying v let me out, oh my God won't anybody let me out?" She said to her son "there arc our papers, this is all we have to care about." Hannah Gonrley: I am the wife of Thomas Gourley, and lately kept a Boarding House in High-street, opposite the Osprey Inn, up to the night of the fire. About a week or more before the fire, saw a cart with some boxes, cases, a kit, and a small cask. They were taken from the Old Osyrey, at the bar door. The cart loaded at the bar door and went, towards the Crescent. The body of the cart was full.

Bryant Ward: I am a wheelwright. On the 6th of this month, the night of the fire, I lived in O'Connell-street. I knew the passage under the Theatre opening to O'Connell-strect. It led to the Osprey Inn. My attention was attracted by furniture being removed through that passage, and taken away in carts. The passage led to no other premises than the Osprey. It was a private passage of their own. The last load I saw removed might have been .about a little more than a mouth back. Saw four loads go. Was standing at my gateway, which is within 15 or 20 feet of tin:

passage, and my attention was attracted because I thought they were going to leave the house. Saw nothing but the four loads of furniture removed.

Thomas Sims: I am a carter residing in Auckland. About oor 7 weeks sinco, I carted 4 or 5 loads of furniture for Mr. King. Don't think there were 5. Carted them from the back of the Osprey to King's house, at Parnell. There was a kitchen stove in the second or third load.

The further hearing of this case was then adjourned until Tuesday at 11 o'clock. Tuesday, July 20.

Stephen Leathern, sworn: I am a baker, and did reside in High-street, on the 6th instant. I was first alarmed by a cry of fire in the street. I enquired from the window, and was informed it was the next house, Osprey Inn. I went down stairs, and saw smoke issuing from Finlay's workshop and King's back kitchen. There was no sign of flame. I then went into the yard adjoining and saw smoke issuing from King's back kitchen, adjoining my oven. I saw no smoke elsewhere at that time. 1 then went up stairs and told my wife to take the child, and we saved what little property we could. I dropt out of the front window; the" whole place was then illuminated, the Osprey being on fire. On Tuesday afternoon I drew the fire from my oven between four and five o'clock. I then put in biscuit, and, after drawing the biscuit, charged the oven for the next morning's fire. I examined the oven the morning after the fire, the oven was in the same state as on the previous evening.. I examined the oven the night before, at 9 o'clock. I know Mrs. King. Prior to the fire she borrowed a washtub, smooth-ing-iron, a hatchet, and saw. The night before the fii-e, about 9 o'clock, I had a conversation with Mrs. King. I said to her the blacksmith was working long that night. She said " yes, when she heard the bellows on one side, and the oven on the other, if; alarmed her out of her reason." She said " goad heavens, I wi3h I was out of it, we shall be burnt out some night." Then told her to keep up her heart, if she could not go out we would carry her out of it. Bid her good night, and that was all that passed.

.John Forbes, deposed: lam a carter residing at Onehunga. Recollect the day tiie inquest was held at the Exchange, about this fire. Saw the male prisoner on the day of the inquest. Had a little conversation with him. He was not in charge of the police. .He said he had broken his horse's knees, aiid that he had taken him away either the night of the fire, or the night previous, and it was very lucky he had saved him.

Charles Moore, sworn : lam a shoemaker. On the 6th of tin's month I resided opposite the Osprcy Inn ; had resided there about fifteen months. Mrs. King has frequently advised me to insure, saying it was very requisite. She spoke to me a good many times on the subject. Andrew Hodge deposed: I am a blacksmith, and my shop was in O'Connell-shwt, between the Crescent, and the old theatre. Have seen cartloads of furniture, taken from the Osprey, pass my workshop during the last three months—five, six, seven, or eight loads. Have seen some of that furniture in the new Osprey, particularly the chairs and sofa". Also saw boards and scenery from the old theatre carted away. Was under the impression they were removing, from the quantity they carted away. John Graham, sworn: I am-a. merchant, residing in Auckland. Remember the night of the fire. Saw the male prisoner in Shortland-street that night, walking slowly opposite Victoria-lane. Asked him how the fire originated. He said, "I don't know ; have just returned from the country." Think it was then about four o'clock. This was near the end of the fire. George's and the Bee Hive were then in flames. Believe it was after the explosion. The case was then adjourned until Friday at 10 o'clock.

Friday, July 23,

The evidence1 on this case was resumed this morning. The first witness called was John Buchanan : I am agent for the Liverpool and London Fire Insurance Company. There was an assurance in that Company on the old Osprey by Mr. Montefiore, and when the new building was attached to the old Osprey the whole building was considered to be included in the assurance.

Thomas Gourley: lam a tobacco manufacturer by trade. Kept a boarding-house in High-street on the 6th instant. Recollect the night of the fire. About four months prior to that I was in the Osprey. Know some of the pieces of furniture that were in the room at the time. Since, the fire Ihave been to Parnell, and saw some of the furniture in a house there, occupied by King, that had been in the Osprey. Saw a stovethat resembles one that had been in the Osprey Inn kitchen, in the fire-place there. Was on the premises the morning after the fire. Saw no remains of that stove there. The stove was loose in the house there. There were' all the boards and the whole of the stage of the theatre.

_ Elizabeth Sutherland: lam the wife of William Sutherland, an engraver, residing in Chapelstreet. Am living at King's house at Parnell. Don't know where all the furniture came from. Have seen the chairs in the Osprey. The stove is there, but not used. It would 'be dangerous. Have been living there eighteen weeks. All King's family were there except Mr. King. On the night of the fire there were three of King's children in the house at Parnell and my own little girl. John Israel Montefiore: I am a merchant residing in Auckland. Had a mortgage over the whole premises and the new Osprey for £900. Insured the premises in the Liverpool and London Insurance Company for £400, and in the Northern Company for .£2oo—and another policy with-the Northern for £400 on the old and new Osprey, and .£2OO on the Theatre. There is a clause 'in the mortgage compelling the property to be insured for .£9OO at least. The balance' of £300 on the mortgage of £900 would fall to the mortgagor. Stannus Jones: I am agent for the Unity Fire Insurance Company: King had a policy m our office on the goods and stock in trade in the Osprey Inn for £200. Saw the furniture upon which I efFected the insurance. Would not know it again.

Thomas Jones: I am a laborer, residing in West Queen-street. Lived servant at King's for three months, about this time twelve months. Was last in the Osprey on the 18th or 20th of June last. Was then in the Theatre. The stage and the seats were gone.

The case was again adjourned until Monday at ten o'clock. .;>-.,■

Monday, July 26.

The examination of the witnesses for the prosecution terminated this morning with the following

witness: —

Lawrence Robert, being called, deposed : I am barman at the Thistle Tavern. The prisoner (J. Henry King, jun.) was at the Thistle between the hours of nine and ten o'clock on the evening before the fire.. Taylor was also there with him.

Mr. Brookfield, who declined calling any witnesses for the defence, briefly addressed the Court, insisting that no case had been made out.

Mr. Merriman replied, -when the Court was adjourned for half an hour, to allow time for the Resident Magistrate again to read over the evidence before giving his decision.

On the Court resuming, the Magistrate said, that after a very careful hearing and consideration of the evidence he thought very good grounds for suspicion had been adduced. He then recapitulated the more telling points of the evidence against which there had been no rebutting testimony, and concluded by saying he felt he should not be doing his duty if he did not send the case for hearing before a higher tribunal. The prisoners (Mrs. King and J. 11. King, jun.) were then committed for trial at the next sitting of the Supreme Court on the charge of arson.

The Nelson College Trusts Bill, the Provincial Lawsuits Bill, and Regulations of Elections Bill, and the Land Orders and Scrip Bill, were recommitted, read a third time, and passed on the 16th instant.

A Bill entitled the New Provinces Bill had been introduced and passed, under which the Governor in Council is to have power to grant separation to any district having a population of one thousand, ancl'ha'vihg one' million acres of territory, upon the requisition of the resident electors. The Bill to provide for the appropriation of the Surplus Ordinary revenue amongst the several Provinces of New Zealand had passed both Houses.

The Electoral Districts Bill, the NaUve Schools Bill, the Customs Duty Bill, the Public Debt Apportionment Bill, anil the Appropriation Bill No. 2, -were severally read a third time and passed on the 18th instant.

A Bill to impose an export duty of 2s. per oz. upon gold was also under consideration.

A testimonial to Colonel Wynyard, commanding the 58th Regiment, is being subscribed for T to be presented on his departure from the colony. We also learn that another testimonial, of a more general nature, to the 58th Regiment, is contemplated, in consideration of their services in the northern war.