SUPREME COURT.

Taranaki Daily News, Volume XXXXV, Issue 59, 6 March 1903, Page 2

SUPREME COURT.

Thuesday, sth March, 1903. Before Hid Hoair, Mr Jattioe Ckraolly. DIVORCE -WBLLfI V. WILLS. Mr Maloue asked letve to mention the casa of Wells v. Weill, a divorce case, and wo.ilJ like to know if it «u likely to be t km btfore Monday. His Honor said he thought &ev could take it for granted that it would not. ** Mr Malone also asked leave to mention the caso of Sailer v. the Stratford Borough Council (in banc*). Ootid His H >nor fix a date for this oaset His Honor said it was impossible to fix a da 1 *, but it was ewtaiu that it would not be reached before Monday. CRIMINAL, SESSION. MtJSDKR CASE. Walter Smith was charged with tbe murder of one George Thomas loot at Mot urea on the night of the 11th December, 1902, The prosecution was oonduoted by Mr Kerr, Crown Prosecutor, and Mr T. S. Weston, of Weston and Weston, with him Mr Claude Weston of tbe game firjs, defended the prisoner who pleaded no* guilty. The following jury were sworn: —R. B. Honeyfield, Percy Brown, F. Hopkinp.J. Gardiner, P. H. Jackeon, F. Hoskinn, j. H. Smith, Samuel Olegg, F. A. Hoakin, W. F. Brooking, W. Baker, 0. Caldwell, and F. Hawaii Mr W. F. B:ooking was eleoted foreman. Mr Kerr addressed the Court, detailing the facts which he proposed crtlirg evidence to support. The contention 6f the Grown was , that the accused wilfully and malieiouely set fire to the tent of deceased, who, having died within a year and a day of the fire from injuries received through the act of accused, be now sood ohtrgd with his murder. As the ease was a pculiar one he would read the definition of murder as set out in the Luminal oode. The jury had to oonsider whether the accused intended to injure or destroy any of the property, and if any of his acts ware likely to cause deith. If so he waa certainly guilty of murder. Mr Kerr then detail d the incidents leading up to the illfeeling b'tvesn accused and the daceased, and tbe movemeuto of accused on the night of the fire, wbM caused the death of Inee, and led to aocuaad being charged with his murder, Phase were briefly the facts the Crown relied upon. Henry Blackburn Lsatham said: I am a duly qualified medical practitioner practising in New Plymouth, and surgeon to tbe New Plymouth Hospital; attended the deceased Inoa soon afbr his admission to the hospital ; he was suffering from very severe burns on both legs and feet extending up the groin in front and buttock; they were of an extensive degree, involving all the layers of the akin: he " was suffering from a considerable shock; tbe shock passed oft to a great extent in 36 hours; he had ootatanl care and attention in the hospital; about three weeks before be died he began to fail both physically and mentally; he was admitted on tbe 13th December and died on the 16th January from oontinued suppuration or diecharge ; his death was the direct result of tbe bums; on the 17th I saw hia _, boly in the hands of Dr. McOleiand, who was making a pott morion; I examined the organs, they appeared to be healthy. Cross-examined by Mr T. S. Weston: . The feet were not so severely burned • as the upper parts; they had partly renewed the skin..

Two pain of drawer* vera here produced and considerable discussion mom as t > «*hi would put. them in. Even•uMly M Weston put them in. Dr. Leatham's crow-examination continued; The burns on the feat wert due to an intense bene for a ohorttiae, or of a minor degree for a longer time. The fire may have been lapping at these legs for some time. It is possible the seat of the fire was loci), and on the bed of dtceised. From the ohataoter of the burns and the condition of tin clothing, it is possible the deceased was asleep when the fire broke out, and was rendered unconscious by guts* and smoke. I oinnot aooount for the very savers burns on th* legs and the slight destruction of the garments. II is v/trf remarkable, unless he was

asleep and unconscious. The destrootion of the tissues *u very severe. It was probably caused largely by stem, Oannoi say if the deceased's drawers wen down at the ankles when he mi burned. It is difficult for me to fire an opinion as to how the bans wen received. I oan only repeat that it is to me rennrkible there is so little destruction of the clothing considering the severity of the bums. In my opinion it would not be possible to recognise an individual on a bright moonlight night at a greater disttnos than half a chaio. To Mr Kerr: If the drawers had bean tucked up so as to expose part of the body that would aoosont for the injuries without the clothes being burned. To the jury: The deieased was de\f. Hugh Juß'in McUleland, a duly qual'fi-d medical practi'ioner practising in New Plymouth, s«id that on 17th January he made a pos< mortem examination of deceased, George T. Inc, at the morgue, New Plymouth. The body was that of a min of 25 to 30 years of ag<>. The boty was greatly emacit'ed. He died from exhaustion from continued puppuration from severe burnt and continued shock, due to the injuries be had received. The lower limbs were denuded of skin from the ankles to the groin, and there was severe injury to the muscular tissue. The injuries were due to 9xtfnsive burring. Dr. leatham and Constable Moßae saw the body. . To Mr T. 8. Weston: The appearance of the limes wera as if the fire bad bees acting on them for some time. It is quite possible that the seat of the fire wan lodil and on the bed of deoMsed. From the charaoter of the burns and condition of tbe clothing, it might happen that the deoe»s?d was asleep and rendered unconscious by the gisces and smoke. Cannot account for tbe leg* being so deeply burned and the clothes so slightly burned. lam out*, frequeotly of a night. On a bright moonlight night T should think I could idenify any one I knew at 80 yards. Gould not say how far in toe case of any one I did not know. To Mr Kerr: Tbe fire may have spread from the bed to the tent, or from the tent to tbe bed. The same result would follow. The drum of both earn was completely destroyed. He must have been stone deaf. This was not due to the fire, but by old iufkmaticn. Charles Tumor, labourer, res-idi) g in Waugnrui, said that he arrived in Wangaaui on 13th December last from New Plymouth. Before that* had been

living on the foreshore at Moturoa. Had a mate named Haigh. Our toot; was 20 or 30 yards from luce's tent; remembered Thursday 11th December last; returned home from New Plymouth about half past ten at night Passed Ince's tent; saw no signs of fire whatever, my mate and I went to bed ; we slept in one bed. We it ere awakened by a noise, and heard cries about an hour and a half later. It was a bright clear night, and moonlight. On hearing the cries my mate and I. went out and saw Ince standing on ! the baacb, 15 to 20 yards from his tent, towards the -sea. He was all burned on the legs, feet, and one hand. We got hold of him and led him up to the fire where the tent had been burning. He was singirg out and throwing his arms about. As soon as I came out of my t?rt saw the remains of Inea's tent burning. All the tent had been consumed, the flooring aad framework only being left. Wben we got Ince to the spot we laid him down. Several others cam* up. We remained with him till Constable Mcßae removed faim.

To Mr Olaud Weston: We left our tent within three or four minutes of hearing the cries. I pulled my trousers on. Robinson cune very soon after. Ince had a pair of drawers and a shirt on, believe his coat was put on to keep him warm. When I first saw him his drawers were down about his ankhs, I held 'hem up while I took him up to the fire. When I first came here I slept in Ince's tent. In the tent there were a box, a buck, and boarding on { tbe floor. The door was a broken one. Some of the flooring was burning when I got to th<s tent. To Mr Kerr: This was on the 11th December.

Henry Robinson, a labonrer residiog at Moturoa, said: On th« 11th December last was awakened by hearing cries and groans, it was about 12.15 a.m. I got np. My tent was in a direct line about 50 yards from Inco's. On going out saw the glare of fire in the direction of Ince's tent. Went over to the fire and found Ince's teat was bumingj Saw Ince, he was standing np Drying with pain and ssemed to bs terribly burned from the groin downwards; Turner and his mate were both there when I got there; Inoa had drawers, vest and shirt on; I went for some stimalent, whisky; after administering the stimulant, I went to Captain Hood, then weot to the Fretting Works. I glanced at the clock; it was about 12.30. I returned to lace with oil and flour; we covered him np with an oil coat.

Two plans were here put in, one by the Crown and one by the defence. To Mr T. S. Weston: Went to Captain Robertson for whisky; gave it to Ince! went to Captain Hood, spoke with him a few minutes; he took oil down and I went to the Freezing Works for more oil. It was about 12.30 when I got to the Freezing Works.

To the jury: It was a clear night; it was moonlight with passing clouds; could not say how far off I could recognise prisoner as I did not know him. All witnesses were bere ordered out of Court.

Charles Frank Hood deposed : lam harbourmaster at the breakwater. On; 21st December I was at the electric' lightened at the breakwater at 11.5 p m. A few minufcs later T went home; I' live on the west side of the Frerz ; ng Works. Going home I had to pass the; Moturoa Hotel. Saw two men stand- j ing on the rosd in front of the j hotel; they were Richard Simpson and the prisoner; I said good-night as I passed by. That would be 15 to 20 minutes past 11 o'clock. It was moonlight, with passing clouds. It was bright at tiims. Knew a man named . George Thomas lt.ee. He had a tent j about 200 yards from my house. On Friday, Uth December, was awakened | by bearing cries of distress; got up and went on to my verandah; saw a' fire Li the vicinity of Ince's tent. This: was about 11 minutes past 12 o'clock. 1 wasgetting dressed when Robertson I came up. In consequence of what he i told me 1 rang up the telephone office j to notify the police to send assistance down. Tben got some castor oil and colodion. On reaching Ince's tent found him severely bnrned, his tent destroyed, tbe framework and flooring burning. I dressed Ince's wounds. Waited till Constable Mcßae came down, and took Ince away in an express. Ince was deaf. He was called " dummy "by the men.

To Mr T. S. Weston: My house is | ■bown on the plan produced. On going out viewed the fire with my binoculars. Could not recognise any particular person. Knew there was a boat on the beach opposite Ince's tent. Do .not think it possible to recognise any one from Meyers' hut. The drying frame is too far away to recognise any one at the boat. A person standing at Myers' hat, or at the drying frame, could not, in my opinion, follow by sight any person going to Ince's tent skirting the hill. The screams were very loud; any person in the neighbourhood could have heard the screams.

To Mr Kerr: A person might follow any one moving, but I do not think so at such a distance. To Mr T. S. Weston : Should think any one standing at the fishing ground would lese sight of a person going the route suggested. To the jury: The hotel is over 500 yards from where Ince'* tent stood. It was about an hour after leaving the electric light works that I heard tbe screams.

In reply to a suggestion from Mr Kerr that the jury should view the locality, His Honor said he did Bot think it was necessary. Either they would take, some one who knew nothing or pome one wbo kne.trtoo much, Tbey mußt go by the plan. - John Murdock Vcßae, police constable, stationed at :New Plymouth. Went to the Breakwater on the llth December; saw li.ee lying tbero wrap- ] ped up in blankets; Captains Hood, aiid Roberteon wore there; removed Ince to the hospital; on 17th January visited the morgue, saw Dr McOL-land theie; he showed me a dead body, and I recognised it as the body of Inci whom I bad re'moved to the hospital. I arrestid the prisoner on the 12th December, aod charged him with burning Icce's He replied : I do not ktow an)tiling about it, I was in bed soon after ten o'clock last night.; I did not know anything about it till Cap-

tain came down this morning; I paid you wfcrc at Myers Huti at nearly 12 o'clock, last night; He replied, I was not r}ear Myers but U»t night ; I was talking to Simpson for EOine time on the rohd, after we left the hotel, i then wentitstiaight to bed; I was in bed not I i*ir thsn 11, or 11.30; Is id you wtri i'at Myer's hut at nearly 12 o'clock last night; 'he replied I was not mar ijjeni but last night; I faid you we'a ' spsakiog to Myirs about Deafy atn>arlyl2 o'clock last night; he replied, I fr>aa not, I called out to

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