SUPREME COURT.

Taranaki Daily News, Volume XLVII, Issue 8138, 21 June 1906, Page 2

SUPREME COURT.

NEW PLYMOUTH, WEDNESDAY, JUNE 20th. Before His Honor, Mr Justice Edwards. THE MATAPU ARSOM CASE. The re-hoaring of the Matapu ar.un case was continued on Wednesday. The ovidence given was of a similar nature to that tendered at f'o last trial.

Mr Welsh, for tho necu-vil, Daniel McL'Dowie, and Mr Kerr, Cro.m Prosecutor, having addressed the jury, His Honor summed up on practically tho same lines as he did at tho first trial. The case, lie said, was a most painful one to everyone concerned, and doubly sj to accused's wife, sons and da'i;it:r<, win hid given evidenoe in lno matter. The crimes for whioh the prisoner was charged were of a very serious nature. Particularly serious was the dolibiwe attompt to burn down the house. That the scries of crirnos was committed by tho same person was certain. If they could sheet home the one charge the

other ohargos need not concern tliem. The Crown relied upon a number of circumstantial facts from which the jury were invited to draw inferoncos that the accused was guilty of tho acta. The Crown relied also on the statement of Mr Poole, sen'., that he saw » person who answered in appearance in every respect to the accused, though he was not actually prepared to swear to it. His Honor went on to refer to the similarity and peculiarity of accused's shoo marks and his horse's shoe marks with the marks imprinted on Poole's property, and to which Constable Davy, Mostyn Poole and the others had sworn, though the similtude had been poohpoohed by William McL'Dowie. It was, however, for the jury to say whether the prints were identical or not. Reviewing the circumstances of the haystack tire on the 2'2nd January, the learned judge said that if the jury believed the evidence of Mrs McL'Dowie and her daughters, accused could not haye been at the fire. The prisoner was thon brought to this position: he was thore in the house under the observation of his family until after the fire was disjovered, and the Poole boys came. But he was found at the scene of the fire.

Accused had to account as to tL'O manner m which lie got there. It was a matter .of cousi Jcrable difficulty for him to account for it. The Pooles were in possession of tlio road, Tliey watched McL'Dowie's gate while Constable' Davy proceeded to McL'Dowie's house, whence he found accusod gone. ' During this time the road and gate were watched, and, according to Willie j McL'Dowie's evidence, it was lmpos- [ sible for one at this time to have pot across to the fire unobserved. They J found accused at tho lire dressod, and apparently there long enough to climb the barbed-wire gate—a by no moans 5 oasy performance. The women folk f had sworn that accused came out of his ] room after the alarm was giren and , afterwards went over to the firo. It ' was a very singular story, in the light | of the other facts, and it was for the jury to say whether or not it was true. 1 He referred to the inconsistency of the , evidence of the defence with the sworn 1 . statements that had been made to , Detective Siddels just after the occur-1 [ rence, and said that if tho truthfulness , of the evidence of Mrs and the Misses f McL'Dowie were destroyed, the whole , defence dropped. Tho whole matter—- . the guilt or innoeenco of accused - , rested on tho reliability of the evidence , given by the women, and it rested with

j the jury to believo their evidence or j not If tho evidence induced a reasonable doubt as to the guilt of aocuscd, they should acquit him, but if not they should, no matter how painful tho circumstances, bring in a verdict of guilty. The jury retired at 5.30. The Court was crowded at a quarter to elevon o'clock, when tho jury returned. Tho foreman announced that tho jury had disagreed, and, in answer to a query from His Honor, said that thero was absolutely no ohance of unanimity being arrived at. The jury was discharged. Mr Kerr formally applied for a retrial. Mr Welsh, addressing tho Court, remarked on the vory great inconvonience to tho prisoner and his witnesses by being called to two trials at Now Plymouth, and he thought it would bo still moro inconvenient to try tho caso again this session. sHis Honor: Oh, it is impossiblo to try it agjun this session, Mr Welsh.

Mr Welsh applied for a change of vonue to Wanganui. Mr Korr offered no objection. His Honor favoured this course, which would mean that tho case would bo heard by an entirely fresh tribunal who would have some knowledge of the district. He would make tho necessary order on Friday.

McL'Dowie was roleased on bail, himself :n £2OO and- two sureties ol £IOO each.

DIVORCE. DE SILVA V. DS BIIVA. F. Dc Silva v. Julien De Silva —Mr Samuel and Mr Quillian for pctitionor. —Wife's petition for dissolution of marriage; appoaranee entered but no dofence filed. Counsol explained that tho grounds of the petition were cruelty and adultery. In eonsequonco of ill-usage, petitioner, a short time aftor marrying, was laid up with a serious illness. During this time tho husband behaved in a familiar mannor with a domestic in tho house, aud the wife roturned to her mother. Shortly after a deed of separation was drawn up, and since then they had not lived together. l?e----spondent in tho interim lived with another woman in Palmerston North who passed as his wife, and a child had subsequently boen borne to them.

Petitioner, a woman of comely presence, deposed that sho married respondent on tho 15th May, 1899. He was a working jeweller by occupation. Lived firstly in Hawera, and afterwards at diiloront places, including Auckland and Wanganui, There were two cluldron of tho marriago—a girl, five years of age, and a boy, four years. Towards the ond of 1893, whilst in Wanganui, sho was very ill, the illness being caused by her husband kicking her out of bed on to the floor and generally ill-treating her. For eighteen months afterwards she was under medical treatment. Whilst ill in bed at Wanganui sho discovered that her husband was unduly familiar with a servant, who was living in the house. Petitioner gave tho woman a week's wages in advance and requested her [to leave tho house forthwith, but she stopped for anothor week. Iler husband was angry with petitioner over tho matter. He continually swore at her and was very quarrelsome. Later on sho determined, to return to her mother, who lived in New Plymouth, which sho did, her husband accompanying her. Things did not improvo, and subsequently at Wanganui she had a deed of separation drawn up, and broke up tho home and sold tlip furnituro. Sinco then they had not lived togcthor. Instoad, sho rosided with hor mother, «ho having charge of the boy and the father tho girl. She wanted tho custody of the othor child, and had given notice in tho petition to that olfeet. Hor husband had never spoken to her, nor made any approaches, sinco they had separated. Mrs Vincent, a nurse, at Palinorston North, deposod that sho knew Julius De Silva, who was living at Palmerston North. As far as sho knew ho was living there with a woman who passed as his wife. Some, time ago the woman camo to her nursing home and was eonlined. This was ou the 15th .Iqipiary last. Do Silva, who froqucntly oame to seo tho woman, was introduced to her by the woman as her husband.

Franklin George Nightingilc, a carpenter, residing at Palmcrstou North, stated that he sold a houso to Do Silva. A worn in that he assumed was the hitter's wife eanio with De Silva. He asked hor subsequently if hot husband bad sold

i property ho lnd in Wanganui. Tlie worn in replied that she was not awaro of his doings, and added that Do Silva was not really her kmband, | though many people thought so. The money for the house not being forthcoming, he at a later period resumed possession of the houso. A decree nisi was granted, to be made absolute in three months' time, whon a motion for possession of child will also bo nude.

Co.-sts on the highest scale were allowed.

BVNDELL V. HANDELL. William Randall v. Frances E. Rindell.—Husband's petition of marriage.—Mr J. S. Wilson, instructed by Mr J. G. Roy, of Hawera, appeared lor the petitioner. Petitioner, who lives at Hawera, and is a brickmaker by occupation, deposed that ho served the order for restitution of conjugal rights on his wife in person in April last. She was living in Eliott street, New Plymouth, with a man named Hoggott, and under the name of Mrs Hoggott. Petitioner nsked her to return to him, but she replied that she would not do so under any conditions.

Decision postponed till Friday, to allow of an alteration to be made in jthe terms of the petition.

GEOBOB V. GBOBQB. Elenor George v. Joseph George. —Wife's petition for disolution of marriage.—Mr Samuel for petitioner.—No appearance of respondent. Petitioner stated that she was married to respondent on the 9th October, 1893, at Inglewood. She was a widow, and her husband a widower. Before marrying sho lived on a farm outside | of loglewood, left to her by her first husband. Afterwards Bho wont to reside on a property she had in the town, She had ten children hying by her first husband, and her second husband's family consisted of seven. They lived together for a year. Then she left him owing to a disagreement she had with her husband in respect to the terms of the will, which had been drawn up in favor of the members of her own family. He wished to have a share in the estato. Later on, however, she was persuaded by friends to return to him, but after living a short time together again, he left her peremptorily, and left for Wellington, afterwards proceeding to Waitara, where he was at present in business. That was ten years ago, and since then he had never met or corresponded with her.

William Nioholls, Court bailiff, stated that lie had known both parties for many years. The woman, to his knowledge, bore an unblemished character. A decree nisi was ((ranted, to be made absolute in three months. Costs on the lowest scale were allowed.