SUPREME COURT.

Taranaki Daily News, Volume XXXXV, Issue 212, 3 October 1903, Page 2

SUPREME COURT.

(Before flu Honor Mr Justice Edwards.) Friday, Ootohkh 2m SENTENCE FOll BURGLiBT. W. K. Allan, wdo was fouod guilty on Thursday of stealing money from the Rxhotu Test Offi:?, was sentenced i to 18 months imprisonment. Thai question of dealing with, the money found in pri-onei'd possession, ani also ohe passage money pud to MrNewtua King, was hald over till this morning.

ALLEGED AHSON. Tho hearing of the chargo of alleged arson agaiost George Hitchcock was resumed.

Mr Fookcs (Stratford) and Mr Fitz. heibertdefeadei accused, and Mr Kerr conducted tho prosocu'ion. Isiac J. Salmon, cross-examined by Mr Fookea, said tha cord was 20 to 30 feet long. Tbe whole mattr was most carefully considered, as, owing to it being a big thing and there being two in i l- , it had ta be. Tri.d the cord on Friday and put it up again on th 9 .morning of the fire. On that morning accused, Longman, Jones, Dymond, Rough, and Cudby wore on the premises, but Longman w:s sent away. There was a tuS alongside the engine for water and a boy c ime dowa every half hour to pump the tub full. This day it was allowed to run dry so that there cou'd bo no water to put the fire out. Mr Jones was the first to rush down stairs when J sang out the tow >vas on fire. He went to the cask for water but coae was there, He rushed upstaird to swe his tools, The prisoner nished into tha office to save the bo ike ind furniture, I took up a stick to beat out the fire but it made it worse. None of tha ofchors tried to put the fire out. They were not in the know. Have always said the fire was a put up j )b. I put two staples in and prisoner the other two. Lo3t my box of tools valued at .£4O and in my coat pocket £l3—eight .£1 notes and a fiver. Never told Bo'stad I set the fira going with a candK Bols ad asked mi if Hitchcock had paid mo f. r my tools, as hey were insured for £B2 10s, J sug gfsted Hitchoock should settle up on the day I was discharged. I did say in the lower Court that I trussed to his honour to sttUo up for his dirty wcrk. No one suggested to me I should ask Hitchcock for money, Kimbel spoke • the fiie, and I told him it wag a put up job. He mentioned the fire first. It arose out of Hitchoock compelling Kimbell, who was their tenant-, co insure. Bolstad got to know of it I afterwards. After the conversation ■ibout the tools being insured, I went <vith Kimbell to Bolstad's office, and he (Boh'ad) f ook up a bur die of papers tnd said there it is. I understood it to •jnean ,£B2 10s on the eiudl tools in the factory. Kimbell then, on my instruo--ion, wrote a lettir demanding £4O, (ddressed, I think, to George and S. Hitchcock. At the etd it had eomecbing about the late fire, and I refused to sign it, as I was not going to place myself in their hands. I understood it to mean blackmail. D.d not agrer *i<h Kimbell and Bolstad to bhckoaail Hitchcick, They ought to be here too. Kimbell then wro'e out another order demanding the .£4O, my share of the tools, and 1 agreed to give Bjlstad £lO if he collec f ed the mocey. Kimball witnessed that. Af ttr the order was -igned Bolsfc-d said we ought to make £IOO each. I said a!l I want is to be' p:id for the dirty work I have dona, Out would not be a part to any blackmail. On the 15bh July Bolstad asked me to turn King's evidence and save Kimbell. I said as soon as they put a hand on me they should all go up. They wanted to blackmail Hitchcock ind I refused. Was forced to takt over Kimbell's business because h owed mem>ney. I w<is compelled t •sjign the property to Kimbell's trustees or be made a bankrupt. Whila 1 was in possession Hitehcocks' put the bailiffs ia for rent, This was b\fore 1 made tbe confession. If Hitchcock bad paid for my tools nothing would have oeen heard of this confession.

To Mr Kerr : Told Constable Rys.r that I had cot informed him how I caused the fire. I would do thut at tht proper tims, J. L, Kiuabell, cabinetmaker at Stratford, deposed to having a conversation with Salmin in the train, when Salmon said he burned down the place for Hitchcock. To Mr Pookes: Salmon told me he had takon a piece of candle and pu: under the (fax. He siid he was to g«> £2O for i' and that he had about £4O worth of tools on his bench and £l3 in his coat picket. I siid, "'Dou'i aalk rot, you mu<t be mad to burn a place for £2O wh«n you were losing £4O in tools and .£l3 in note.' 1 We went to Bse Bo'stad, and he siid the r ools \we insure 1 for £BS, and we idvised him to demmd piymer,t. I di.i not see tha policy, but saw Bolstad turn over sora t papers and heard him i»y the smill tools were insured for £BS, and advised his making a chim for £45. I wrote a note to Hitchcock'* asking them to p*y Salmon the .£45 he had lost, and sfca'iog that be had burned the place down for Hitchcock. Sdmon refused to sign, saying "I'm toi such a fool as that, ho would put me up as high as Baldwin ; Bolstad said you would get £2OO out of it if you went into it." I said it was a lame tale. There was no document actually signed. Told Salmon he was a fool, as be ought to have bad £2OO if he did do it. Never witnessed a document so that I aud Bolsted could go and blackmail Hitchcock, siw HUchc ck pay S;lrnoa any money in my life. I

To His Honor: Only one document was written oui as far as I know in Bclstad's offieo.

0. L. Bolstad, architeat and iusuranco agent, at Stratford, a iid be pffdeted an insurance for Hitchcock's stock and factory. The properly was destroyed by fire and the Company paid out £390 to Thomas Hitchcock. I was in the i factory the Tuesday be r ore the fire and noticed the stock looked low. Ac- j cusert said ii was low bu 1 ; he bad stock; on the way, the building was not I insured with my ofjace. We paid the claim ia full. Salmon first to d me he! had burned the place down. He naked ■ me if there was any insurance on the 1 tiole aud I told Hm there were too-s insured, but could not say how muob. 1 made an appoiutmwfc and he came alone j that n ; gh*. A'tsr gome oooVflraft'ipti' b.9 told me r.Si about the fire, and said they (Hitchcocks) had him to thank for having that fine building, He Slid be had burned the building for, £2O, Ho wanted me to collect the money, and I said X would be hippy to do it. He did not say the mon .y for the fire, but for the tools. I, howover, understood I would collect both amounts. No sum as payment was mentioned then, but he said he could p*y almost any amouat. We met gimbell, We thea oyer to an

hotel and there Salmon I old mo ho set the place on firo with a candio. Six or seven diU'ertsnt iiuies he told me the name story. I told him he should have got a couple of hundred, £SOO, or .£2OOO for burning the place down. I led them to believe I had a policy. 1 ■lid this to lead him on. My iotention >vai to draw him out and trap him if I could.

Constable liyan said ho was presont at the fire, Siw Hitchcock and Salmon there. Salmon's hair and wbisktts vera f.ingud and ho w s cut about.

To Mr Fookes : S-iltaou to witness how ho tightened tho screws, and that; on tho morning of the fire he thought tho outbreak was due to ovorLeiti d bearings. Liter, Salmon informed witness he had n:it stated the right cause of th 9 fire, but would do so at the pcopar time,

Mr Kurr said that concluded tho oa?o for the prosecution.

His Honor: Where is the corroboration? According to custom f shall advise the jury th t uncorroborated evidence of in accomplice is not sufficient for a conviction. Mr Kerr contended that the admission of prisoner was corroborative, but His Honor ruled that there was no corroboration.

Mr Fookes roso to address the Oourfc on the sime lines.

Eis Honor informed the jury that he considered there was no corroboration of Salmon's story. Of course, the jury could, if they wished, believe all or part oE Salmon's evidence, but as a matter of practice he directed them that there was no corroborative evidence to connect prisoner with the crime. He asked vhe jury to consider the matter.

The jury theteupon retired, but almost immediately returned with a verdict of not guilty in accord with His Honor's ruling. Accused was then discharged. The Oourt adjourned at 3,55 till 10 a.m. to d*y.