SUPREME COURT.

Taranaki Daily News, Volume XLVII, Issue 8063, 20 March 1906, Page 3

SUPREME COURT.

NEW PLYMOUTH. MONDAY, MAECH 19th. [Before His Honor Mr Justice Edwards.] The Grand Jury was sworn, as un. der :—Messrs Arthur Ambury, Thomas Avery, Hugh Bailv, C. E. Baker, J. B. Oonnett, W. Outfield, W. Fraser, H. Frecthy, Henry Greig, F. W. Hall, J. Hoskin, G. Manncring, R. J. Matthews, G. Riddle, J. Skinner, A. H. Steeds, H. Stockcr, E. H. Tribe, J. C. Webster, J. W. Wilson, J. D. Wyllie. Mr J. B. Connctt was elected foreman. His Honor the Judge, iu charging the Grand Jury, congratulated them and the district on the extreme lightness of the calendar. But four persons were to be indicted—one for breaking , and entering and theft, and two for arson. These were serious charges, but presented no difficulty in point of law. The duty of the jury would be to carefully investigate, and ascertain if, in their opinion, there was sufficient prima facie evidence lo justify the persons charged appearing before the common jury. The Grand Jury retired, and, on returning, presented a true bill in the case of Frank Hurle McGrath, who was charged with having broken into tho house of W. A. Jury, of New Plymouth, and stolen therefrom goods and chattels to the value of £lO 10s Od. The prisoner pleaded " guilty." Mr (iuilliani, instructed by the relatives of accused, asked His Honor lo deal as leniently as he could. The prisoner, a very young man, was well connoctcd and well educated, having been at one time a university professor. Drink had caused his downfall, and had led to this crime. He asked His Honor to take iuto consideration the facts that the stolen property had beon returned, most of it by the prisoner prior to his arrest; that he had volunteered to work when committed for trial, and had beeneinployed as a common prisoner during his incarceration ; and that he had already been imprisoned since October 21st, 1905. His Honor mentioned that the accused had been convicted recently of theft.

Mr Quilliam replied that he knew it wa* too late to alter that now, but pointed to the fact that the prisoner g had not baM> represented by counsel at fi his trial. He kad wandered into a t dihedral in a stats of intoxication, k had been found in proximity to ttw l collection box, and been committed for h trial. His Honor, after telling McGralh that .v • to allow him to break and enter houses a and thieve with impunity would be a 1 direct encouragement to crime, said ho l proposed to deal leniently with him. 1 As he was a victim of drink, it would be vcU (o place him where he would v necessarily abstain for a considerable, t time. He would be sentenced to 12 o months' hard labour in Jfew Plymouth r gaoL t STEALISG A BICYCLK. Henry lowers who had pleaded . guilty to a charge, of stealing a bicycle, p the property .of V, C. Price, was (] placed in the dock. p In answer to the usual question a? ■ to whether he had anything to say, the ' prisoner bonded a written statement to the Judge, j Sentenced to 12 nioaths' hard labor t in the New Plymouth gaol, ' £ ALIBGBD ABSOX. 6 Emma I'rry, an elderly married woman, was charged with having wil- v fully set fire to an unooounied dwel- 1 ling, her own property, at Ell-ham, flu 11th Outober, 1905. 1 Mr Kerr prosecuted for the Crown, c and Mf T. C, Fooltes appeared for the c defence. ' The jury was empanelbid $s ' under:—J. I). Greenhill, T. Sampson, P. Des Forges, R. P. Cornwall, John } J. Marsh, T. H. Letichan, J. Y. Lcpine, ' B. Xidd, George Heslop, A. E. Flet- " . ehcr, H, Dooley, .and W. Koberts. ll Mr W. Bobete.'was chosen foreman. ' : Accused pleaded " not guilty," a j£r Hen, in opening, said that this crime belonged to a class usually t committed in accrel, and which could n only be proved by circumstantial cvi- c deuce- Evidence would be adduced c that accused was in Ellhanj on 1, the day that the fire occurred. It { »-a« observed that kerosene had been 1: uplashed about tlw walls of three ) rooms, and some kindlings ou the iloor c were found to be on fire, iguiting the 1 xcrini and paper on the walls, leaving t no doubt that the lire had been laid i wilfully. The question was, who net it? Evidence would be adduced to i show that accused kad, on that day, i bought two bottles of kerosene. •Tapped in paper similar to pieces • found in the house, aud two bottles • were Sound there, corresponding with bottles m which the storekeeper said he i bad sold the kerosene. This prima facie evidence made up a strong case £ agatnitthfi prisoner, so strong as to t •throw the otus of proof ou the ac 1 ■ euied., The Government kad set the -. j-ataeof £2soonthehonite and £4OO s "outhe Und,' which was mortgaged-to Mr Sloail,-.'of Hawcra, for £2OO, and t insured tot"£l76. It was sug. ( gested that the prisoner's motive was ( ■to reduce the mortgage or wipe it aut, ( the land being probably more saleable ( without the building than with it. , George Heaven, of Elthaui, a ] labourer, was the first witness. He , stated he lived next to the prisoner's i house. He had come home to tea on ( the evening of the 11th October. He , saw a blaze in the back room of the • house in question, -and raj off and gave the alarm at the Fire Brigade station, returning with the Brigade. ' By that time the fire was out. In ' three rooms there was a strong smell ; of kerosene, splashes as of kerosene on the Vails, live embers in the grate of tho dining-room and in the corner of that and other rooms. Brown paper saturated with kerlsenc (similar to paper produced) was on the iloor. Kunning to give the alarm Jus met a man named Mouatt, and told bim ofthe fire. To Mr Fookes: He did not do anything other than give the alarm. The locality was fairly well populated. He had live children, the eldest about thirteen and the youngest about four. It was twilight when the fire occurred, aud a fine evening. Janios Mouatt, plumber, at Eltham. gave evidence that he had, when told oy Heaven, gone into Urry's house, and found some pieces of wood (produced) burning on the floor, with the paper and scrim afire on the wall. With a luicket of water he put out the fire, "andTeTf?vlhe ukce smelt of kerosene. To Mr FooirS: The door had not been locked witli\kcy, Emerson George Page, a builder at Eltham, and a member" of the Eltham Fire Brigade, said he remembered the occasion. The fire was out when tinBrigade arrived. Went through the house with Constable liedieau. To reach tho main building from the room in which the foe had been they had to go outside. In the diningroom he saw that kerosene had been used on the walls, there were embers in the fireplace, and live embers ou the floor. Two other rooms had been treated in the same manner, and kerosene could be smelt. The splashes ou the walls were about as high as an adult person could reach. The doors were unlocked. To Mr Fookes: The locks uu the doors were just the ordinary common cottage locks. Michael lledican, constable at Eltham, gave corroborative evidence as to llic appearance of the rooms, and tin smell of kerosene. In the corners ol the rooms the walls were saturated with kerosene, and embers, still warm, with some wrapping paper (also saturated) plose by. He found one live ember. AJI the doors wee unlocked. He then yent outside, and found two bottlo lying ou the ground about four feet from the back door. Both had contained kerosene. On the Saturday following, he and Detective Buddam searched tbe premises, and found a , cork (produced) under a detached portion of a rotten doorstep, the cork iffltlling strongly of kerosene. On I

Thursday, the day after the fire, accused told him she had come with licr husband to Eltham on the previous Monday to see about some repairs to I lie house, her husband returning thai night. Owing to bad weather, she eould not see the papcrhanger about repairs on Tuesday. She told him I hat on Wednesday morning she had been to Luxton's to relit her "legs, afterwards going to Miss Ford's tea-rooms till 1.30 or a p.m. From that time she was walking about till she heard the firebell. She was then in Railway-street, near Mrs Lee's boarding-house, and went iuto the house, being unaware, until y or ten o'clock, that her house had been ou fire. > T ext day she asked Mrs Gooder to go with her to see the house. Mrs Gooder declined, so she went alone, and said it was u very good attempt to bum the house down, but that if it had been destroyed she would have been a loser. She did not know the insurance, but knew she paid 8s 6d or Ss lOd premium half-yearly. Afterwards she said the insurance was £125, and that Dr. Sloan had a mortgage of £2OO on the property. The constable stated that the houso was not in good repair. To Mr Fookes • Heard on Thursday morning that Mrs Urry had bceu loosing for him. Had since substantiated all of her statements. Railwaystreet, where accused said she had been when the iirebell rang, and the scene of the fire were at opposite cuds of the town. He was sure nceused gave the insurance as £125, not £175. Just prior to this there had been numerous suspicious fires in Eltham, causing the police and the inhabitants considerable anxiety for some months, or years. Eltham had earned quite a reputation for suggested iuccndiarv fires. To Mr Kerr : There had been no fire in Eltham for some months previous to this. I

Admitted facts: That the Government valuation of the property was £210; insurance on house, £175; mortgage over property, £2OO. At one o'clock the Court adjourned for luncheon. The Court resumed at 2 p.m. Detective Boddam gave an account of an interview with accused nt Hawera on October 19th, and stated the house was a very old one. To Mr Fookes: From Mrs Lee's boardinghouse to the scene of the fire was nearer half than a quarter of a mile. There was nothing known against accused's character. Mr Kerr • We admit that, Fred C. Davidson, grocer, of Eltham, gave evidence that on the day of the fire he had sold two liol ties of kerosene to an elderly lady. To the best of bis knowledge and belief, the accused was the purchaser. .She was a stranger to hiiii, and he took notice of her as such.

The purchaser brought the bottles, which, when filled, were wrapped m an old newspaper—an Eltham '■ Argus," He used brown glazed paper as packing. The papers produced were similar. • So Mr Fookes : Glazed brown paper was not commonly used in grocery establishments, and he had no monopoly over old files of the " Argiss;" He could not remember wrapping any other bottles that day, but could swear he sold no others. Bottles of kerosene were pot usual items at his store, but the bottles were of the usual kind used for this purpose. Ho eould recollect a description of every bottle brought in for kerosene, because he didn't suppose lie personally sold three other bottles of kerosene in q, year.

Henry Luxton, eoa| merchant; of Eltham, said lie had known accused ju Stratford. She eamc to bis house ou (he date of the fire. She refused to stay to dipper. To Mr Fookes.- Recused said she was looking for a papeiii&iigci', She had no parcel. Mrs Lee, boardingkouse keeper, at stated in evidence that accused came to Ucr iiouje about two o'clock on Wednesday uioru:'ng. Accjjsed was just coming in the gate when the firebell rang. * S?raji Ford, proprietor of (he Coffee Palace, at Eltbam, said accused came in to see her ou Mouduv, and on Wednesday bad some afternoon tea, remaining from about. 3.30 to 5 p..m.

To Mr Fookes:' Had known Mrs Urry before. Did not see her carrying anything on the Wednesday. S. J. Wink-ford, ironmonger, :it F.ltliiiin, who had occupied accused's house U]> to ahout it fortnight before the lire, examined the house after the Ijre, His evidence regarding the kerosene, embers, etc., bore put the statements of previous witnesses. Left the house because it was dirty, and the wall paper was torn. Had there bepu any other house available he would not have rented this. Had never been in the habit of keeping bottles of kerosene in bottles there.'

Mr Fookes did not call evidence, and Mr Kerr dispensed with his address to the jury,. Mr Fookes addressed the jury. The jury, he said, must by this time have come to the-conclusion that the case was probably the weakest ever brought before the Supreme Court. The circumstantial evidence was 'of the flimsiest character. The only evidence that could'pretend to connect accused with the fjre was fliat of Mr Davidson, 'the grocer,.who jajd he.had sold to some old lady" some kerosene in two ordinary bottles—a v yery ordinary transuHij'ii,—The statement that he could qemomber every Sale that day could not be treated as.reliable evidence. Tho Crown had failed to atr tribute a motive. It was not logical to assume she would have burnt the place down to redeem the mortgage, for that would have been a losing transaction. The movements of aecusedjdiiring the day were not those of a criminal, as she had gone about seeing her friends, in open daylight. His Honor summed up. Of course the jury must have strong suspicions as to the origin of the fire, but they could not convict on probability or suspicion. The prosecution had only proved that she had been walking about Kltham from 5 p.m. to about 7 o'clock, and at the time of the ringing of the lirehell was half a mile from the seene of a lire started with kerosene, amongst hose paper and scrim. It had not beeu conclusively proved that she bought kerosene in Kltham that day. It was iu her favor that she was an old woman, 63 years of age, that she was half a mile away when the lire was discovered (and it seemed to have been discovered early), and that there had been a number of suspicious lires in town There could be little doubt in the minds of the jury as to her guilt or innocence. The jury returned a verdict of " not guilty," aud the jury was relieved from further attendance until 10.30 a.m. on Wednesday.

.ILLKUED INCEXHUUISM, Daniel McL'Dowie was charged with having set on fire, ni Matapu, ncnr the Hastings road, on Ist December, an ensilage store and cowshed; on lfltli December, a dwelling house]; oil lOth January, a stack of ensilage ; and on 22nd January, a stack of hay : all being the property of Duncan A. Poole, and on his farm. Mr Kerr prosecuted for the Crown, and Mr It. I). Welsh, of Hawcra, appeared for the accused. The following jury was empanelled: P. J. McEwcn, lioberl Win. Dixon. M. Haiuson, C. ]). Braund, K M. Carrick, Win. Free, J. It. Bavley, Ceo. Buck, F. E. Urhell and W. H. Kendall.

Mr Kerr, m opening the case for the prosecution, said that a series of tires had occurred oil Poole's farm, u ilaOle and Irapshcd on July Ist, an ensilage'-lore set lire to on August 11 li, again on December Ist, and oilier lires mentioned in the indictment. He then traversed the deposition., indicating til* nature of the evidence he would adduce to establish the prisoner's gui It. John Cook, licensed surveyor, produced a locality map, showing positions of the various buildings, gates, and stacks.

.Diinca'n Alfred Poole, farmer, of Matapu, and a mining engineer by profession, gave evidcuee that McL'Dowie's farm was right opposite Ins own. On Ist July, l'J'Jo, his coachhouse, stables and contents were destroyed bv lire at l.;( oin the nioi'iiiiig. the i|c\l. lire hapieued on Mlh duly, when Ho- hav--oUek was destroyed. Then ... m

August part of the ensilage store and part of the cowshed were burned, also during the night. The fourth lire, and the secjnd at the shed, occurred on Ist December, the shed being totally destroyed. Witness examined the place next morning, and found in two places near the inilkstand (30 feet from the ensilage mom) impressions of a boot and a slipper, also at the gate leading to the road, another impression of a boot and a slipper, going towards the eastward side of the road. At the same place were the imprints of n horse's hoofs, shod on the two front feet only. These passed oul of the gate on to the road, traversing the eastern watcrtable northwards, nearly to witness' front gate, then crossed the way to the western wnlertalile, going iu the same direction nearly to McL'Dowie's gale, where they went up the bank a little, and then went in al McL'Dowie's front gale. He knew at that time that McL'Dowic was in the habit of riding a quiet pony shod in this manner. Accused told witness that he had injured his foot, and consequently he was wearing a boot with the heel cut away. On tho other foot he wore a slipper. Accused was the only man who eamo on to bis place shod in slippers. The next fire was on 7th December, when at 1.30 in the morning ho was awakened by his son Alfred, calling out " Father, save ine!" Witness tuok the buy to his (witness') room. The boy's room had a sickening smell of smoke, and witness ran out and found the outside of the building well alight. He extinguished the blaze. He saw a stick wrapped round with paper, and covered with a sack, the whole being thoroughly saturated with kerosene. At daylight, he and his sons found on a (lower-plot near the verandah a full impress of a slippered foot. At the gate, 2(U yards away, he found several slippered impressions, and kerosene also on the gate. Ou l'Jtli January last, witness was out watching his place till 3 o'clock in the morning, and, when he passed the ensilage slack at about 3.10 a.m., everything was right. Went into his own room, and shortly afterwards called his son. His son Mostyn came in and told him the ensilage stack was .fired. They put out the fire. Again, on 22nd January, they watched the place. Witness watched the house and stable from the gateway of the drive. At about ten o'clock bis son Mostyn came home from Matapti, and he told witness that two policemen were qut, ope to watcH the house and one lo watch the farm buildings. Whilst walking about he saw a blaze shoot up, and saw a man leaving the slack. It was not Constable Uavey : the figure resembled that of the prisoner in every respect. He was well acquainted with the prisoner, who was a regular visitor at his bouse until after the first lire. After that time accused was only at the house once, when he was aslfcd to eovno and receive payment fur some mutton. Witness had had no suspicion of the accused until after the first throe fires. Being unable to catch the man, he went to his sons, and instructed them "to proceed to McL'Dowie's gate, to bold the road, anil to allow no one to pass in or out, unchallenged." Witness went lo the niiJking-shed paddock, which was perfectly dark, the fire not being even visible, but eould find no policeman. He returned to his house, and beard two revolver shots, Rjjshcd to the gate, where he met W. McL'Dowio and his brother, Constable Davey and bis son. Told the policeman the stack had been burning for 20 minutes. The buildings and stacks, except the dwelling house, were uninsured, and he estimated his loss at £32 H. From the night of tl|e Uth December'he had watched every night, and had seen prisoner about the roads and just outside the gate at various timet; c|i;r;ng the night. Once at 11.30 p.m. accused entered Witness' front gate ; at another time he had just looked through the gate at 1.30 iu the morning. Accused muttered to himself. had been done by witness to cause accused lo bear any ill-will, except that witness had paid I accounts lo the wife of accused, lo prevent l|im spending the money in J drink. Very good reeling existed between the two families. !

At 5.30 p,m. the Court adjourned till 10.30 a.m. to-day, the accused being admitted tc bail : Accused in £2OO, and two sureties of £IOO each.