SUPREME COURT.

Taranaki Daily News, Volume XLVII, Issue 8064, 21 March 1906, Page 3

SUPREME COURT.

NEW PLYMOUTH. "Before His Honor Mr Justice Edwards.: TUESDAY, MA UOH 2n-ni. THE MATAPU CASK. Duncan A. Poole's evidence was continued. Cross-examined by Mr Welsh: i* ever suspected any other member of MeL'Dowie's family. Had visited accused's house twice after Ist December, and accepted his hospitality. To Mr Welsh : MeL'Dowie's family was a nice family. Accused must have boon aware of witness' hidiii"plaee near the calf paddock, because immediately ho went home the stack was lired. Saw accused on the property at night between !lth December and lath January. On Ist July the accused came to the trapshed live, and was the ■ only person fully dressed. The second fire on 14th July was reported to him by his own son Mostyn next morning, but the boy did not tell him he had seen the blaze. Ou the day of the third (ire (ensilage shed) he did not look for tracks, but remembered showing Ken McL'Dowie the marks of two horses outside the gale. Ken did not tell him they wore the marks of witness' own horses. After the fire on Ist December, witness and his youngest son looked for tracks of the perpetrator, and Willie McL'Dowie wont for the police. Accused's horse was so quiet that he never tied him up, but left him with the bridle hanging. The first occasion on which he suspected accused was after the lire on December Ist He and his sou Mostyn found the slippered tracks on t soft piece of ground near the corner of the shed. Saw Ho marks of a plated heel and too. Mostyn, his son, had told witness that he had asked Willie VlcL'Dowie to examine the tracks, hut ho" refused. Never told the MeL'Dowie's family of his suspicions. Mr Welsh: Why did you not do so? His Honor: That was no concern of his. Witness: Because by doing so I should have defeated .the ends of justice. Cross-examination continued: Up to December Ist, witness had" not seen accused wearing a slipper and a boot, but i day or two afterwards went to accused's house and found linn Hearing these, and accused told him he was rearing the boot beeauso he had hurt his toe, and it was gathoring, After the fire on December 9th he found marks of two slippered feet, and these vgreed with the marks previously found. His sons fixed a signal gun, so*that if inyone passed through a gate late that aight, the gun would go off. The accused was aware of its existence, so vas Mr Gebbic, who was ncarlv diot by it. but was not annoyed. The man who fired the stack could 'iave escaped into Rutherford's trees ■vithout seeing him. Ho was perfectly certain that the accused could not have crossed the road without witness seeing him, as witness ran to the toad as soon as he saw the man leave the burning stack. The road was brightly illaminated by the burning stack. Witness knelt at the gate of accused's house, which was in darkness, Could not see the window of accused's room, ft would be a matter of impossibility 'or any ray of light or glare.from the burning haystack to reach accused's window. On the morning alter the fire witness saw, in the hay-paddock, a place where some person hud Iniu, pressing down the grass. Whilst witness was knoelijjg at accused's gate a trap, containing two men, drove past. Accused did not speak to them. His Houor : The last thing in the world I should have expected you to do, of course.

To Mr Welsh: Left his boys in -■harge of the road, and wont insuhdisgusted because the police had failed to " hold the haystack." Re-ex-imined: The footprints were discovered in the early morning, and were shown to Constable Davey before noon.' Aecui'cd " worked like a brick " at one of the fires.

Mostvn Poole, son of the- previous ' witness, said that about a month after J. llio first lire in July, at halt an hour after midnight, lie sitw acciiscd on Ik- '' lawn iu front of the house. Accused ' said he wanted to see Mr Poole, and ? on witness saying his father was in bed, prisoner went away. Shortly s afterwards saw prisoner coming in (he ! big gate at about the same time. Wit- ' ness called to the man, w!|o walked away in the direction he had come. [ After the lire at the house, witness watched for lire-raisers, and saw accused coming from his house, slopping . near the milking-shed gale, Witness related how the boot and slipper imprints had been found wheal he was in company with his father, and described the hoof-'prittts. of a pony (shod as *- McL'Dowiers always was) near the l gules, which, had traces of kerosene ] upon them. Had often seen accused ! wearing slippers, and had semi him ■' wearing a boot and slipper. On the ' night of the haystack fire, Constable ' Davey suggosted 'that McL'Dowie's boys should be roused, and witness' : brotb'e". Duncan, dicL.so. Tho two ' McL'Dowies and Duncan Poole walked up the- road, meeting Constable Davey and his son. In the meantime, the constable had gone towards the haystack gate. They were altogether when Constable Davey asked Ken MeL'Dowie, " Where's your father Y' The boy answered. " He's inside, iu bed." The constable said, " I want to see him." and the two went to accused's house, witness standing at McL'Dowie's gate. On returning, the two reported that accused was not in the house. Will McL'Dowie and witness' brother (rent to the haystack aud stayed there. Witness, the constable, and his son sveut down to the barb-wire gate. They then saw accused near the haystack, ind witness opened the gate for him. There was a thick boxthorn hedge growing on each side of the gateway. \ccused could not gel over the gate himself without a good deal of trouble. , Constable Davey went towards McL'Dowie and met: him. walking towards ' witness, who heard the constable ac- ■ cuse him of lighting the fires. Accused ■ said he was sorry for Poole's losses, and had always helped him. All were very excited. The constable's iirsl <|iicstion to accused was, '• How did you come ' here?" aud asked how accused knew there was a fire. Accused said he had seen the light from his window, and •anio out through his front gale, wcul o ilong the road, geltina over the barbed ~ wire gate, adding that in doing so be '' had torn his clothes. The constable asked if he had told anyone to insure the s'acks, for the reason 4init they would be the next to go. Accused i said, " No." Constable Davey turned » to witness, who told him that McL'Dowie had given him that advice, The Court adjourned at 1 p.m. for luncheon.

The Court resumed at 2 p.m. 'Die examination of Mostyu Poole by Mr Kerr was linishcd. and witness was cross-examined by Mr Welsh. He stated : He lmd been at Malapu on the night uf the second lire in July, arriving home ahont 11 o'clock. He saw the stuck alire, and thought it "as Prudcii's house ill first. Soon found it vya- tlic .slack, but didn't go over to seeil. Told his lather about it next ruing. Didn't consiilcr if necessary tu arouse Hie family that night. After the second cn-ihige slu'-.l fire saw marks of horses lends at witness' gate. There were marks of a big horse, shod all round, besides those of a smaller animal shod on fore feel only. Willies.-, curreetcd a slaieiuent contained in his evidence in the lower I' eiri thai lie had traced footprints aeross the road With Will McL'Dowie he viatraciug tlic hoof-prints, when McL'Dowie said " Tliey arc only cow marks" and refused to furl her examine tk. ,i ' Witness followed, on Hie road, the marks of a boot with a heed and l„c plate. There were marks of. a !„„■■'■ shod in the foro-Fcct at tku little ,rard'cii sate. He believed his sister ?, ,| ~,) V, „.|.,j mi si lie of Ike hool".i'iuts ».lii ,4ru'«. Will Mcf/.l.wie, witness and olliers saw kcro.M'.ic .!► ri>--oil the gate, and louud a boluc oi me

grass. They were looking for some suck utensil. Marks of u small horse shod in the fore-feet were traced lo accused's gate. Swore he did nol, hoar Constable Daveysay lie had seen the lii'e raiser in the calf-paddock, or hoar the l>oli"Oi)i:in's son say. " Yes, unci 1 nearly caught liini." When Duncan (witness' brother) called the MeL'Dowie's family witness saw some while, figures. Ho didn't look al ihem -didn't like to—for they were women in their nightgowns. (-Silence"!), Witness didn't believe in culling the MeL'Dowie's family, thinking that with them nboHt there was no hope of catching the accused.

Duncan Walter Poole, brother of the previous witness, stated that he set l a gun so that anyone passing through a particular gate would !>_• shot in the legs. He showed the idea of the mechanism for pulling the trigger to llie accused. The gun was removed each morning. Two or three weeks afterwards the gun was removed, partly broken, and thrown down a well. Accused would know where the well was. A itness' evidence was a corroboration of that of previous witnesses. It was ho who called the McL'Dowie boys and heard Coustable Davey usk the in ••Where's your father?" At the reply " He's "in bed," the policeman said " I waut to sec him." Ken McL'Dowie and the Constable went to accused's house to look for him. Accused could not be found. From the time witness went to arouse the MeL'Dowie's until C instable Davey returned with accused from somewhere on his father's (Mr Poole's) place, it was impossible for accused or anyone else to cross the road unobserved. When accused came u|i, he was fully dressed, and wearing slippers. Accused told the Constable, in answer to a question, that he had been awakened by one of the Poole boys arousing his boys.

To Mr Welsh : Witness, his sisters aud the Misses Me L'Dowio were at an entertainment in Matiipu on the night- of the second (ire. There was no sign of lire when I hey came home about 10.30. The gun was put hack in the same position the night after Gebbie's complaint. W'tness described in detail the movements of the search party on the night of the stack fire. Heard Constable Davey say he h-ul seen a man crossing to the cow p.iddock. The man proved to be witness' father. Two revolver shots were lired by the Constable to attract witness' attention. Albert Davey, son of Constable Davey, at Nojrinanby, was sworn. He gave evidence that the fjre Mas started and that ho and his father, who were in watching, had seeii a inaq near the haystack, Seven or eight minutes afterwards, his father discharge"! his revolver twice, They ran do\\n the road towrads the lire, and mot the Poole boys. Did not try to scale the gate, as it was too high, and all barbed. Accused could not be found in his house when sent for, iminoiliatejafter this. The party (Constable ; Davey, the McL'Dowics and 1'ooles) went towards the haystack, and met licensed half way. The Constable asked him •'what are you doing here?" The reply was' that he rhad just come, and thnl the glare of the tire had aroused him and he had orjme out of his own front gate, and got over Pole's barbed gate, tearing his clothes as he Mid so. Later on, Accused said thai the noise made by the Pooles in calling his boys aroused him. Heard something said about MeL'Dowie's advice tp Mostyn Poole to " look after the haystack, as it would gn. next. McL'Dowie was fully dressel, carrying his walking-stick. Remembered his father (the constable) striking a natch to examine accused's footwear. Tt was quite possible to see up and down the road.

To Mr Welsh: The. ni.m who was observed going t<j\yari.ls Ike cowsked pissed within n duzou yards of witness mil Ins father. It was impossible to see Ike naps in tke hedge at night, and he u-jiiU not alle.npt to crawl llirouifli a boxtiiorn hedge in the dark. Constalile Il.ivcy. stationed at Xormanliy, gave evidence that lie had seen the stick and kerosene-saturated sackon Mr Poole's ;vrhnt]tilt. partly burned, lie had also seen tile slipper marks as described earlier in the' Vase, and Ike kerosene on Ike gales. He had traced the marks of a horse'- I'eet (shod in ■forefeet only) to McL'Howie's gate, .Hid'found traces of kerosene at accused's gilc. On the night of the ensilage s| ack li;:c, about twelve o'clock, he saw a man going towards llio cowshed. Witness rose from his hiding, p' i •« for the purpose of following him. Tii.' i noticed the haystack was on lire lower down the paddock, .lie lired his rcyolK,' io warn the I'oole family, and ho and kjs son ran down, the road. .\i Poole's gato Moslyn and Duncan Poole were mot. Witness told them he had seen a. man cross the paddock. Poole suggested calling the McL'Dowie boys, and he agreed, then ran on toward tke lire until ho reached a-gate of live barbed wires. Could not open the gale, or climb it, so turned h.icl., went up the road and met the two Poolcs and two young MeT/Dowics, just below M:L'Howie's front gate. Asked where accused was, and accused's son said '' He's homo in bed." Witness remarked "1 should like to see him." With the son, witness went to the house, where the sou asked a female it his father was inside. Til ■ answer was ".No, he's gone out." Witness then went oil' to the burning stack a< ipiiekly as he could. When thee readied the wire gale again, Moslyn Poole opened it. Just as witness gor inside, he saw a man standing near the slack. The Court adjourned, to lu.:lt) this morning.