SUPREME COURT.

Taranaki Daily News, Volume XXIII, Issue 225, 5 October 1901, Page 2

SUPREME COURT.

♦ I THIRD DAY, Friday. October 4.—Before His Honor I Mr Justice Conolly. I ALLEGED ARSON. j Thomas Payne was indicted for having ', on 22nd February wilfully set fire' to a building in Devon street, the ; property of Walter Bswley, Prisoner, who was again represented by Mr Weston,, pie ided "Not Guilty." Mr Kerr prosecuted. The following jury was empanelled: —ML. Frassr (foreman), W. J. Sha«*', T. Jury. J. Downs, F. E. Morris, J. ( Allen, F. Heldt, W. Chatterton, D.' Penwardon, James Mynott, E, R. Bayly, and J. L. Ibbotson. ! John Harlow,. photographer, stated 1 he occupied the premises in question, j it the back there was a closet. On the 22nd February he cleaned out thi shop, and swept out a lot of paper and rubbish near to the,close,. Locked up the premises at 5.30. Hearing' b»u alarm of tiro he went out from his lodgings and found the closet had been o i fire. The papar he had swept out had been collected and placed in the building. The fire was extinguished befoi e it obtained ahold. To Mr Weston: Two nights later the back part, of bis shop was set on fire. Did not suspect a woman for that fire which he could not account for. Had just gone iuto the promises.' •-< • 0. H. Harrison, licensee of the Imperial -'Ho!el, and Mark Williamson, printer, gave similar evidence to that in the first case agair st the prisoner. Con*table.Stackpole;said that abouS 5 minutes to 11 he went down on~ooe side of Ourrie-street, and c.ime back oa : the other. Did not Bee prisoner till 'he was' arrested. About a quarter of : an hour after he heird the fire-bell. Charlie E. Bellrioger, town clerk, ' said that on the night of February ' 22nd, apoiit 10 minutes or a quarter past 11, he came along Currie-street, when passing Mynott's he saw smoke ', rising from the premises on the opposite side of the street (behind White's). ; The night was gloomy. While cross- > ing the street to see what caused the ' smoke a volume of flame shot up from ! a w.c. close to White's shop. As tha | fire appeared, too large Tdr witness ,to extinguish, he ran to Wejljs.to ring hp , the fire brigade. Asked Weale's to • bring some buckets. With young 1 Weale's assistance witness put the fire out. There was a lot of paper, or something of that nature alight. The boards of the structure were scorched. To Mr Weston: Saw no ooe about. ; The night was very gloomy and dark. The empty section behind White's has ' access by a right-of-way running from : Ourrie street to James street (by \ Sole's). ; To his Honor : There is a gate clos > >to the shop. The closet was closa to 1 the fence ou the stovefc. [ Thomas Brocklehurst and Joseph .. Hooker give similar evidence to that I in the previous case. • Mr Weston addressed the jury. His Honor, iD summing up, reviewed . the evidence at some length, and the jury retired nt 2.47 p.m. At 5.35 p.m. | his Honor spnt for the foreman, who, in; reply-to a question, said that the [ jury were not likely to agree withio any reasonable time. ; His Honor: Very well, I shnll have i to make arrangements accordingly, r 'At 20 minutes to 6 the Court was j informally adjourned till 7 p.m. j "At 7.40 p.m. the Oourc resumed, , when the foreman intimated that th ■ jury had been unable to form their • conclusions as yet, and wished to hear the evidence of Harrison, Brocklehurst; and Hooker read,over to them. His Honor then read the evidence. The jury again retired, and at 9 l o'clock were sentjfor by his Honor, and s 'the foreman having intimited that L ,thor« was no .chanco of, agreeing, bis I j Honor discharged them. . His Honor said that as there seemed . no probability of" obtaining an unani- ■ mous jury on this case the Grown ' Prosecutor would probably apply to tho j Solicitor-General for a stay of proceed- ; ings. Therefore, the case would be . nominally adjourned till 11 am. on 1 Monday, though it was improbable that he would try it again. * AMJSQEO THEFT. j. : Allan Oleland was indicted for breaker ing and entering the premises of Boon s Brothers on 11th June, and stealing i therefrom two drums of oil and one tin : of white lead. Mr Kerr prosecuted, and Mr Wes--3 ton appeared for accused, who pleaded 5 "Not Guilty." *; The following jury was empanelled : . A. B»yly (foreman), Wm. Hyne, i Wm. Ellerm, R. M. Oorney, J. 0. - Moray, A. Kilpitrick, D. E. Jones, G, f Tiscb, A. H. Good, 0. Brown, G. G. ' BoultOD, F. Thorne. i Mr. Kerr said he would confine the 3 case to the theft of the oil and lead.. 1 Alfred Boon stated that on Monday, 10th Jnue, be noticed that there were , four drums of oil in stock, the re--1 mainder of a consigment of eight 1 drums from E. W. Mills and Oumpiny, jj Wellington, received on 7th May. On 12th June witness missed two of the drams and a half-cwt tin of white lead. The drums produced were the eaine, but witness could not swear to the white lead. On 12th June, accused came with Constables Lind and Young, p.nd asked witness and his brother to [ let the matter drop for the sake of his I mother and children, and said he would : make it right. Later, Mr F. Bell--3 ringer asked witness if the prisoner - could not be dealt with lightly. He . replied that would not press the mat- ) ter, but it was in the bands of the j police. Next morning aceu-ed said he . had discovered the oil they had lost in 3 their yard, Witness examined it late'', . but found it was not their oil. To Mr. Weston ; Did not see any o'l i in accused's house when it was ox--3 amined by the police. Accused con- | tinued in the employ of witness and 3 his brother until about a fortnight ' agoi J, W. Boon, K. L. Egberts, 0. A, r Briggs A. A. Pikett, and A. Bassatt - also gave evidence, and the rase was f adjourned till 10 a.m. this morning, FEB pi.'ESS ASSOCIATION. r Wanqanui, October 4. 3 At the Supreme Court John Buckman, for fraudulent preference to creditor?, was admitted to probatio-i for six months. In the divorce case, Tidk well v. Tidswell and on the husr band,*? petiti in, a rule nisi was granted - with costs £2oagainst Page. He I'aseh ! v. Tasch, wife'd petition, rule nisi wan [ granted, petitioner to have euafody of f the child. The Po>.ea election pe i'lio.i ' case will be taken on Mondas.