POLICE COURT.

Taranaki Daily News, Volume XXXXV, Issue 16, 20 January 1903, Page 2

POLICE COURT.

Monday, 19th Januury, 1903.—Before Mr R. L. Stanford, S.M.

I CHARGE OP ARSON. Waltfr Smith, a young mem, who is in custody, was charged on remand, that on December 11th, 1902, at Moturoa, he did wilfully set fire to a tent, the property of George Thomas luce. Mr Kerr (Standish and Kerr), instructed by the police, prosecuted ; aud j Mr T. 8. Wesson, seD. (Weston and Weston), appeared for the accused. Whan the chirge was read, Mr Wfston asked if it was the intension of the polic9 to proceed with the arson case before the major charge of murder, t which, he understood, had been lai<i ag-iinst accused. I His Worship said tli9 o-der was not , in his haad'>, but in the hands of th • Grown Prosecutor, 1 Mr Kerr said that the proseoutien ® intended to take the arson case first. The Grown Prosecu'or then opined the case at some length, detailing th ' - ci■cumstances which he intended* *o E support by evid inca. then called j Henry Robinson, a 1 ibourer at. Moturoa, who scatid he livad in a ton' near that occupied by Ince. On the r night of December 11-th he was

awakened by someone groining, and ur, waking he saw a reflection. He got up and found loco's tent to be barning. It was almost burnt to the ground then. He stw looe standi? g about a couple of yards from ths ten*. Ince wai teriibly burned about the groins and do«rn tho legs. He weat and got some gtimu'ants for lace. He then acquainted the Hirbourmister about the affair, and thiy both returned to tha place, and administered oil and flour to Ince's injuries. He remained there till Ince was removed to the hospital. Jn a straight line, witness' tent was about 50 yards from that occupied by Ince. He knew Inc casually; the man was bard of hearing aud wai known as 'Dummy" to people round there. He could cot say if Ince smoked or drank. By Mr Weston: H-» had known Inca four or fire months. He htd never been in Ince's teat. As far as he em'd tell it was about 12.15 when he discovered the fire. Ince had on underp mts, shirt, ard ves" when he saw him, but htd no trousers on. The

shirt atid vest were in'ac*;. The wh le of the tsnt was burned exc-pfc a parti of the framework. Ince was quifci conscious. Re-examined: When 1).9 went to the Freezing Works for some oil he saw tho clock there was 12 30, and he judgbd from that it was 12.15 when he heard the groan°. Ince's underpants ware down about his feet, and witness saw the burnt flesh. By Mr Weston: He could not say whether the underpants were burnt or not, as they werj down about Iqco's feet. Mr Westm alsi cross-examined at some length as to how witness fixed the time of hearing the groans at 12.15. Charles Eraet Hood, Harbormaster, gave evidence that about 12.10 on the night of Decsmb'r 11th he was by hearing shrieks, whiuh he took to be cats. He heard the shrieks again, and then go!; out of bed, He went on to the verandah, and saw dames ghootiog up from or.e of the ten's en the for.-ghore. He looked thr ugh his glasses and saw it was Ince's tent on fire. While he was dressing a man cme tp the housp, and, in consequence of what ha was told, he rang up the polic. He went down to the remains of Ince's tent with castor oil and collodion to administer to the injured ma".. Inoe was lying on some sacking. The man was badly burnrd from th •gr >io« downwards, Witness di'-ssed tha wounds as well a* possible, and remained there until Ince was ru-

moved to the Hospital. He knew Id op, who had done some labouring work on the wharf, Ha kne v loce was bard of hearing, and that he was called '• Dummy," Witness left the electric light house at 11.5 p.m , and when he passed the hotel he saw Richard Simpson and Walter Smith, the prisoner, standing on the r.ad*ay.. Tint was ab>nt 11,15. He was certain as to the identity of the two men. He bide them good night, and they replied. By his Worship : When Ince worked

on the whirf he was able to eara a full day's pay. By Mr Weston: He fixed the limes as it was 11.25 by his clock when be get home. John Prestney, fireman at Moturoa Freezing Work-*, stated that ho lived close by. He knew I no?, who lived in a tent on the foreshore. About 3.30 on the afternoon of December 11th he went down to Inch's boit. Ince had ju3t returned from fishing, and seemed clean worn out and tired from his exertions. He locked into loca's tent later that afternoon, and stw him lying down with a big coat ov< r him. IqcVs eyes were closed, and he appeared to be sleeping. He had known Ince about 12 months. There was no fire about for he looked, because he wondered why Ince did not prepare himself s 'ma fosd before he lay down. Ince used an iron drum s'anding a few yards from the tent for cooking. Ho lcok d io this, but there was no fire in it that afternoon. Ince did not smoke nor driok as far as he knew. Ince was alone in his tsnt that day. His house overlooked the beach, and he was about that night up to 7 o'tlock, but he faw no smoke coming from the directioa uf luce's tent. He left his house to go to bis duty at the Works at 11.45, but he saw no sign of fire in the direction cf Ince'n teat. Had there been a fire he

would hive seen tho reflection. It was between 12.30 and 1 o'clock, when someone came for oil that night. By Mr Weston: He would have seen the glare of lire when he was goiog to work. He last saw Inoe at i o'clock on the afternoon of December 11th. He would call luce an average man, both physically and mentally. [Witness doßcrib d the tent and interior of it.] He ould not siy if luce real at night, He knew Ince had a few bsoks. Ince's deifna-s made him a little peculiar and reserved. ! R '-examined : There was nothing in Ince's talk to suggest mental weakness. |

Tee Court adjiurned at 1 o'clock. I On resuming aft'rlunch, Mr Weston s>id he wishad to refer to the serious responsibility wbijh rested upon the Oourt, the (Jroivn Prosecutor, and himself in connection with the accused, who wa9 in the position of having to f ice three seri;us charges, v'z,, that of arson, of doing bodily harm, and murder. He pointed out that witnacses would give evidence in the arson ca>-e, and probably, after seeing their evidence ia ptiut, and on cons deration would alter their evidence in some respec's in th& murder cise —to tho prejudice of whom? The man in tbe do k, He u ged that the evidence in the murder ckirge ghoild oome fresh from the lifs of the witne«e«. Tris was not a cfts-j where the punishment

meant incarceration, but a case whore the accused's existence was at s'aka, and be, therefore, besought his Worship to have the charge of murder taken first. The couraa of putting the " cart | before the horso " as it wvr», did not commend its-If to him as a lawyer. He t r usted the Oro vu would s« e their way clear to adjourn the piese it proce dings at thin strge, ai.d then proceed with (he murder charge. Mr K.c-rr said that th ) uha'ge of infl o'ing bodily harm would be withdrawn, and this would le«ve two charge I —arson and murd'r. Am regards t.hu proceedure, he did not, us Oiowu Prosecutor, wish to d al unfairly with the accused. Ho w u'd the matter m his Worship's hands. Us Worship c msiderod it was a matt r for the Orown Prosecutor to decide.

Mr K r rr s»id he wag agreeable to mee - : Mr Wts'on on the matter. Reference was here made to the in' quest, but his Worship siid he wag determined to have these two cases ilipoied of before holding the inquest, which could be further adjourned. After some fu ther remarks, his Worship s-tid he would adjourn tho "present procjid ngs till Thursday nexr, and would take tbe murder charge first ■m Wednesday next. CHARGE OF MURDER. Walter Smith was then charged with the murder of George Thomas Inoe at Moturoa on December 11th. He pleaded not guilty. Toe hearing of the charge was then adjournei till Wednesday next, at 10 o'clock.