SUPREME COURT.

Taranaki Daily News, Volume XXIII, Issue 224, 4 October 1901, Page 2

SUPREME COURT.

SECOND DAY. Thursday. October 3. Before His Honor Mr Justice Oonolly, aoon. t Thomas Payne pleaded not guilty to ] a wilful attempt to set fire to a build- j ing in Devon-street in the occupation r>f William McEwanand another, and also to another indictment for setting fire to a canvas bag at the same building. I Mr Kerr prosecuted and Mr Weston defend* d the accused.

The following were the jury : ?..' Price (forman), N. King, F, C. Mace, A. Kilpatrick, R. M. Oorney, G. G. Boulton, J. A Culpitt, W. Ohattortnn, F. Thome, D. P*nwarden, F. Haldt, and F. E. Morris. W. H. Skinner, surveyor, produced plan of the locality. 0 A. Harrison Paid he was landlord of the Imperial Hotel on February 22nd. Knew accused, who w<*s in the hotel that night with Williamson. Accused spoke to witness about the number of fires which had occurred since his (accused's) previous trial. Before leaving accused asked for matches, which witness supplied. Acj cused remarked " Do you remember the last time I got matches from you ? and witness said " I do, very well." Accused and Williamson left the hotel just before closing time. To Mr Weston: Accused frequently came to the hotel. Had told him that he was pleased to see he got out of the last trouble. Accused had been drinking that night. Mark Williamson, printer, said he was in the hotel with accused on February 22nd and left with him at five minut< st > eleven. On par'.ing accused crossel th> street toward's White's.

To Mr : Did not no.ice any people at White's corner. Thomas Brockleburst, printer's clerk, ssdd ie was approaching Currie-street betwe nt n minutes and a quart•r past eleven, When in frot.t pf Hooker's saw n man running Gilmnur's to Bellring Vs buildings, then in course (of erection. The man wore a straw I hat and dark suit. Witness was about to enter Hooker's side door when the firebell rang. Wont out on the pathway and heard a noise at Bellringer's I buildings as if someone was stumbling over timber. Siw the same man come out that went in and run across towards Gilmour'p, but on reaching the lamp-post at the comer hi came back towards witness. First the man went up the rigtt-of-way to the back of the 00-operative stores and then came on up the street till nearing witness, wh n he turned back. Had full view of the man, whom he identified as the accused. Saw no one else about till the firebell rang. To Mr Weston : The man crossed to the dark side of Bellringer's building to get out of the moonlight. On account oF the moonlight could have identified the accused without bis coming close. [Calendar produced to show there was no moon that night, it having aft at 8.22 p.m.] To Mr Kerr: Thought the lamp at Gilmour's corner was burning. Had been out spending the evening. Joseph Hooker, printer, heard the firebell ring about eleven or a few minutes before or after. Went towards the centre of the town and met accused' near the lamp post at the corner of Qunie-street. Accused was running. Witness asked him where the fire was, and accused. replied at White's. The corner lamp was alight. Had not the least doubt the man be saw was accased.

To Mr Weston: The night was fairly dark.

Alfred V. Jones, a lad employed at j Gardiner's, paid that on'tbe.night in question, a man whom he now knew to jbe accused overtook him in Devon- ! street, and a«ked witness to buy some matches for him. This was about 20 minutes past eleven. Witness could .not get any matches. The man went on up the street. Witness went in to Gardiner's.- A few minutes aftar he saw through the window tbe light of a a match in McEwan's back yard. Looked Jthrough tbe safe to see who it was, and saw the same man who asked him for matches holding a light to a sugar bag which hung from a nail on the front of McEwan's workshop, there was a slight flare, and the light went out. Accused struck another match, and looked about among the cases near at hand. Another match was struck, and a cused came towards the safe, putting, the match at one corner and looking in the safe. Witness signed for Gardiner to come, and he came. Witness then went for the night-watchman, and met Sergeant Stagpoole and Constable Buttimore.

To Mr Weston : It had been showery during the day and also at night, Tbe bag was out in the wet all the time. *

James Gardiner, refreshment room keeper, Fain he went to the s ife when called by last witness, and saw a light outside, but could not see who he'd it. Wm. McEwan, bootmaker, said a sugar bag, with a pur of boots in it had been hanging outside hia workshop for a fortnight or three weeks.

To Mr Wesson: When be saw the bag before the occasion in question, it had a frayed edge, and when be s*w it in the lower Court, the frayed part had been singed off.

Constable Buttimore said he was in Devon-street on the 22nd February. The firebell rand at 11.16 p.m. When he wis called to Mr McEwan's it was about a quarter to 12. In consequence of what he heard from Jones, he ran to the right of way between Gardiner's and Chatterton's, and saw a man with a straw hat on a few yards up. Recognised him as the accused, and asked him bis business there. Accused replied " its all right" Witness told him to come out as he had no business there. Witness then caught accused by the arm and led him into the street. Sergeant Stagpoole came along and arrested accused on another charge. At the police station accused asked what he was charged with, and the Se geant told him it was for setting fire behind .3. B, While's. On being searched there were found a 3d piece, and two loose matches.

Constable Buttimore, recalled, siid accused lived near the cemetery when arrested.

To Mr Weston : A night or two after this time there was a fire next to Wbi'e's.

Mr Weston addressed the jury, and his Honor summed up. The jury retired at 3 o'clock, and returned at 25 minu'es later with a verdict of guilty. Sentence was deferred, till a second oharge against accused is heard. ALLEGED AESON. John C, Greeks was charged with setting fire on Bth September to a shed in Disraeli street, Hawera, occupied by Mrs Bailey. ' Mr Kerr prosecuted, and Mr Weston

(instructed by Mr HaUiwell) appeared for prisoner, who pleaded not guilty, i The following jury was empanelled: —A. Bayly (foreman), A. H. Good, D. { E. Jones, E. R. Bayly, 0. Brown, J., L. Ibbotson, W. Ellerrn, G. Swan, J. I Allen, J. Downes, James Mynott, and! E. J. Frost. | The first witness was

Alice Bailey, who stated accuHed boarded at her place up to 24th August. On 31st of that month he came to see her daughter, and was angry because her daughter was out. He was keeping company with her. Next saw accused on Bth September. Went to bed about 7 p.m. on 7tb, and heard the dogs barking loudly. In the morning she was awakened and saw the shed on fire. Accused was standing near the shed when she went out, and told witness the place was on fire. She replied, " Yes, and you have done it."./ He did nothing then, and said no more. Besides witness there were two daughters, her son and his wife living in tbe house.

Fwny Bailey stated accused used to' live at her mother's place, and " kept company " with witness. On 14th July they had a quarrel, and witness told him if he was not satisfied be could go somewhere else. He said if he went away he would do something that would get him into gaol for the reßt of his life. Prisoner next came on 7th September, to the house, and accused witness of being out with someone else, and witness told him he could go; she didn't want him any more. He went away and got drunk, and afterwards, between 7.30 and 9.30 p.m., followed witness and her sister-in-law about the streets.

To Mr. Weston: The quarrel of 14th July was made up. Witness did not attach much importance to the matter at the time. Accused was a quiet man.

Elizabeth Bailey was also examined, giving corroborative evidence. Ohas. Bailey was called, but not examined. James Wilson stated be was in accused's company on 7th September up to 9.30 o'clock, when he was quite sober.

Constable Salmon stated that on the morning of B,h September he went to a fire in Disraeli-street. From information received witness made inquiries j of accused, who was present. He admitted being first at the fire, but said he did not know how it, occurred. He said be bad slept " over there," pointing towards Vogel-street; he had too much drink overnight and could not reach his camp. The grass did not show any signs of his having slept out, and accused's clothes were dry. The. replies being so unsatisfactory, witness] arrested accused on suspicion. Afterwards prisoner said he bad slept in the pound shed, an examination of which showed no signs of anyone having lain there. Accused complained of pains in the head, and witness noticed on the skull a depression, such as might have resulted from an old wound. To Mr Weston: Prisoner seemed confused when he made his statements. He seemed a nervous man, and, so far as witness knew, bore a good character. Henry Hawkins, warder at the gaol, was called, and sud accused had been in his custodv. On 10th September accused asked if he might writ 9. Witness said, " Yes," and was directed by tbe gaoler to give writing material?. Accused said he was going to write to Sergeint Bernard (Hawera), Witness saw the letter, which accused said was the truth. [The letter was put in, and in it accused admitted sleeping in the shed that was burned; but he was the worse for drink, and the fire was quite accidental.] This was the case, and Mr Weston called no evidence.

His Honor asked tbe jury if they wished to hear Mr Weston, as it seemed to him the evidence was, if anything, in favour of the accused.

The jury did not wish to hear the defence, and, without retiring, returned a verdict of not guilty. Prisoner was then discharged, and the Court adjourned till 10 o'clock this morning.