SUPREME COURT.

Taranaki Daily News, Volume LIV, Issue 77, 21 September 1911, Page 2

SUPREME COURT.

NEW PLY,MOUTH SESSIONS. The New Plyinoutli sessions of the Supreme Court opened yesterday before His Honor Mr. Justice Sim. GRAND JURY. The following Grand Jury was empanelled:—A. E. Watkins, A. Veale, J. D. Sole, Wm. Roberts, C. S. Renriell, A. 11. Palmer, R. X. Renaud, L. A. Nolan, L. M. Monteath, F. S. Johns, H. N. Goldwater, E. Dingle, A. 11. Glasgow, C. T. llundle, A. L. Cooke, 11. Cocker, E. J. Carthew, F. G. Carthew, J. C. Webster, C. H. Burgess, W. H. Broome, C. F. Blundell, C. Billing. Mr. Monteath was chosen foreman. lIIS HONOR'S CHARGE.

Ilis Honor's charge to the Grand Jury was brief. Ho said that happily the jurors' duties would bo very light, as there were only two cases to come before them, and ho thought there would be no difficulty in them,. The Grand Jury had not to determine the guilt or innocence of the accused, but only to find whether there was a case to answer, and if satisfied of that to return a true bill. In one.; 6£ the two eases a young man was charged with carnally knowing a girl under the ago of 10 years. His Honor thought that after hearing the evidence of a constable the jury would find that the constable had found the parties in bed together, and would return a true bill. It was no answer to the for accused to allege that the girl consented. In the other case a man was charged with setting fire to the house of a farmer named Robertson. Apparently Robertson, as well as accused and his wife and two children lived in the house. The house was burned on last, between 4 and & a.m. It seemed that Robertson was in bed. and about 4 o'clock accused took him a cup of tea. About 10 or 15 minutes later Robertson heard a noise, and, going to the kitchen, found it in flames. He saw accused pouring something over the flames, and this seemed to aggravate them rather than diminish them. It was for the jury to say whether the circumstances pointed to the fact that the fire was not accidental, and also if the jury thought the circumstances pointed to accused having set the place on fire. There would also be evidence as to insurance. It appeared that accused had taken out a policy of £IOO on furniture and elfects in the house. Accused had also insured a piano for ,£SO, but Robertson said that belonged to him, and not to the accused. Other furniture had been insured for £IOO, but according to the evidence in the lower court it was over-insured, as the accused had bought it for something like £2O. These things should be taken into account, as they suggested a motive for the crime. TRUE BILLS. True bills were returned in the two cases sent before the Grand Jury. CARNAL KNOWLEDGE.

George Henry Clarrv, a young man, was charged with having at Eltham, on ilune 24, 1911, had carnal knowledge of a girl over 12 and under 10 years of age; and, on an alternative charge, of having indecently assaulted the girl. He'pleaded guilty, and put in a written statement to the efleet that he believed, ,at. the time that the girl was over sixteen, and that lie had since been married to her. His Honor remarked, before mentioning this latter circumstance, that if the accused could have proved to the jury his .belief that the girl was over 10, the jury could have acquitted him. Continuing, his Honor said that it was not usual to extend the provisions of the First Offenders' Probation Act to offenders of this class, but in the special circumstances he felt justified in allowing the prisoner to go, to come up for sentence when called upon. The prisoner then left the dock. FORGERY AXD THEFT. James Percy Williamson, who had pleaded guilty to theft of a bicycle at Midhirst, and with forging and uttering a cheque to one Francis Allen Ramsey, came up for sentence.

Mr. Johnstone appeared on behalf of the prisoner, and urged his Honor to take into account, when passing sentence, the circumstances which he would refer to. A man mimed Blackball, who owned a farm at Oakura, entered into an agreement with the prisoner to work the place. But two <jr three days later Blackball found he could not go on with the arrangement, and Williamson had to leave. A dispute arose regarding payment for work which Williamson had ) done, Blackball refusing to pay what was demanded. Williamson came in to New Plj-mouth, and went on to Inglewood. He left this bicycle there, going on by road to Midhirst. It was raining: heavily there, and he sold the bicycle he had hired, and went on to Elthani, where he saw Blackball, and the latter ugam declined to pay what he demanded. The accused then obtained a cheque form, and forged Blackballs name to a cheque for £lO. He remained in Eltham all day, and was taken to the police station, where he admitted the forgery, restored £9 of the £lO, and promised to repay the balance, He then went to the Uruti district. Apparently swift retribution overtook him there, for shortly after his arrival, when out shooting, lie met with an accident, both barrels of his gun discharging into his side, and so seriously injuring him that he was brought to the New .Plymouth hospital, and remained there for some time. On leaving the institution he was arrested on the present charge, and had been in prison ever since. Counsel asked his Honor to weigh the fact that such an accident and illness would cause considerable nervous shock. The accused recognised the gravity of his offence, and counsel hoped that during bis serious illness be bad been led to view his misdeeds in the proper light. The character of the offence showed the man to be more fool than knave, and in the circumstances, the man having been prevented by bis accident from making the return of the balance of the, money, he suggested to bis Honor to bear in mind the probable serious effect of a term of imprisonment on a person of weak character and on a person who, 23 years of age, was just setting out ill life. ' Mi". Weston, in answer to bis Honor, said the prisoner bail been convicted of false pretences at Rotorua in May, 1910, and sentenced to two months' imprisonment; and on two similar charges at Auckland in the same month he was sentenced to nine months' on each charge. The prisoner was sentenced to sixmonths imprisonment, ami ordered to be retained for reformatory treatment for a term not exceeding three vears. MAORI AS FORGER. William Kenata, a Maori, appeared for sentence on a charge of having stolen and forged a cheque for £7 10s at Raotihi. He bad pleaded guilty in the lower court. j

The Crown Prosecutor said that the accused liad been sentenced to a month at Manaia in August, IMO, for tlu ft'; a month at Raotihi on September 1, 1011, for false pretences. On September 8 lie received a sentence at Stratford for four months for theft, and whilst serving that sentence was committed for ;';riul on the present charge. lie seemed to have made no real attempt to reform. The accused was sentenced to six. months' hard labor, and ordered to be I

detained for reformatory treatment for a period: not exceeding three years. - ' CHARGE OF ARSON". Nicholas Albert Mnddren plwuled not guilty'to a charge of arson at Finnerty road,' Kltham, on 2:jrd January, 1911, by burning down the residence of John Robertson.

The following jury was empanelled: Frank Sampson, -George .Joseph l'ulford, John Fraser, Gus teole, F. C. Tribe, H. H. Tuii'bridge, A. C. Harrison, Joseph N. Eva, George Davy, George Francis, William Henry Jury, Fred M. Morris. Mr. Davy was" chosen foreman. The Court adjourned at 12.40 to 2.15 p.m. tci give counsel an opportunity to read 1 the depositions. On resuming, before the jury waa empanelled, the accused asked to have the ease set down for the "nest sessions here, lie stated that lie was not represented by counsel, although until within 'the last few (lays he bad expected to be so represented. He had heard that fresh evidence was to be adduced against him In addition to that heard at the trial in the lower court.

His Honor: Is there any liopc of getting counsel? The prisoner: I have every expectation of getting counsel for next sessions. His Honor: It maymean that you will )mve to; stay in .prison till then. , Prisoner: I hare put in three months there, your Honor, and am quite prepared to put in another three months. It was pointed 1 out that the next sessions of the Court would be fixed, in all probability, for March next, six months hence.

Asked by His Honor, Mr. Weston, for the Crown, said he had no objection to the adjournment. llis Honor suggested that the accused had better let the case go on, and do the best he could for himself.

The prisoner, however, said he was practically unable to proceed. The matter was a very serious one to him. A lot depended on it.- He had a wife and two children dependent 011 him, and he had no hope of obtaining bail. J!is Honor: There is no certainty of your having counsel at next sittings. Prisoner: Pardon me, your Honor, but I have every hope of obtaining counsel, and I might mention that I have every hope of obtaining bail. The Judge: 1 think the case ought to go on.'°. . What legal gentleman had you been in communication with? The prisoner: Mr. Johnstone. I understood until last week that lie would represent me. His Honor asked if Mr. Johnstone were present, lie was rung up on the telephone at his office, and hurried along to the courthouse.

Upon the position being explained, Mr. Johnstone handed to His Honor the correspondence he lnd had with the prisoner. His Honor asked Mr. Johnstone if he could take up the case for the defence. Mr. Johnstone said he had a good deal of business at the present sittings, and, that was one of the reasons why he had given the prisoner back his papers. He didn't like to see a man unrepresented, but he was not familiar with the case, although he knew something about it. After a moment's cogitation, Mr. Johnstone said he would go on.

The prisoner surprised the Court on , hearing this offer by announcing suddenly: But that's not fair to me. I would. prefer the case to be put back. His Honor: Then you'll have to go back to gaol! Accused: 1 have every possibility oi obtaining bail. His Honor: You can't obtain bail_ unless i agree to allow you out on bail. His lfonov: Mr. Johnstone has offered to take your case, and if you don't accept that offer, you must go on with your own defence. Mr. Weston, in opening out the cass j against the accused of wilfully setting lire to the house, said (lie Crown had to make it clear to the jury thai the fire was intentional, not accidental. The accused, he said, came from Auckland to work in Hawera in November. 1910, ha villi; 110 furniture, but on leaving there in July, 1010, he bought £1! worth of furniture. Going on to Robertson's -farm

wijli 'this, he bought another lot for £l4 from the man he was succeeding. It would be shown that Maddren brought the whole of his worldly belongings to the farm in a two-horse brake. In Robertson's house was a piano, belonging to Robertson, who said he had made no arrangement whatever with the accused regarding it. Accused went to Mr. Hardy, an insurance agent, in Eltham, to insure his furniture for £OO,

but tile agent was unable, owing io illness. to complete. and another agent, named Whiteford, who saw the furniture, gave him a policy for £IOO 011 the fur- | nit hit, £lO on i!.t: sewing machine. and CoO 011 till' piano, which was not his. This evidence affected the question of over-insurance. Air. Weston further reviewed the evidence, amplifying the statement made by His Honor in charging the Grand Jury. Herbert Edward Johnson, a farmer, of Tokaora, near Ilawnra, said accused came into his employ on 41 h November, 1909. lie brought no furniture with him, unless it was contained in a couple of ordinary trunks that he had. He left in July', 1(110. Aeeined had £l2 comin;, to him, and he agreed to take a table, three or four chairs, \v:i-ii«tand and ware, double-bed and mattress, knives, forks and spoons, a lamp, an alarm clock, and a saucepan. and £0 in easll. To Mr. Johnstone: Most of the lurniture was in fairly good condition. Henry llnrvev (Winnie, a laborer, of Cardiff," said he had been working on Robertson's farm, and left on July 4lh. ];)10. Accused succeeded him. lie sold to the accused some furniture—an iron bedstead, three mattresses, two pillows, a duchess pair, a kitchen dresser, and a small piece of oilcloth lor £l4 .Ss. Accused paid £2 but still owed the remaining £lO. He told Maddrcn that the rest of the furniture in the house belonged to Robertson, including tin fiano. To Mr. Johnstone: When he left Robertson his agreement with the latter was not terminated, lie did not assign ,o Aladdren any moneys that were due to witness. Robertson actually paid Maddrcn the bonu- that was coining to witness. He gave no authority for this money to be paid. He didu t think Abuldrcu was quite right in collecting this money, lie recognised his signature in the endorsement on a cheque. 'I hat was for £l4. paid to liiin by Maddrcn. Of this, £2 5s was on the furniture, and the balance was the price paid to witness for the balance of hi- term on the. farm. The £l4 w.i< m-1 |>ai«l him for the furniture, lie considered that the bonus paid by I'obcrNon to Maddrcn should not have been paid to him. Fred K. llardy, of Ell ham. agent foi the Royal Insurance Co.. remembered the accused coming t° l'' !!1 to ellect an insurance for Cl'-O on his at I'ianertv road. If was aiiaii'ic! ta.it v}ilm«is should »i> on! stn-l iti-peef the risk, which AJailiiri'ii K.irt lie c a-Mcnd was good value ior I , '' l - -i'!' r ward's witness wa - taken si-nonsly ill, was ordered to IV New !'h mouth I hospital. I'efore ic-msif. !»• " ToU ' 1,1 Milddreu, advi-ing h v .:i he v, onld not be able to nerept the risk owing to his inability to in--] ec! it. No I.cation was made of rt- piano. The proposal form was destroyed and the premium returned.

John Robertson, formerly a farroeron the Finnerty roaji, but now of. Wellington, recognised the ground 'plan of the housf! (produced). There was only one outside door. The kitchen chilnneV was 011 the outside wall. There, was furniture in the kitchen, and a,; wood-box alongside the. stove. The had ' 'been milking on shares for him. When he came in July, 1010, he brought''till'his furniture in one load on an express drawn by two horses. He himself had an insurance of £35 011 the piano, and £45 011 his personal effects, in the New Zealand Insurance €O. About 2lith July, 1910, accused borrowed £3O from him, alleging that money was to be used to pay the mortgage on his mother's farm to prevent her being turned out of it. Tho £3O was returned— UK) 8s out of the milk cheques, and the remainder by Maddren's own cheque. On the morning of January 23, at about four or five •o'clock, the accused brought him a cup of tea, and went out, closing the door. Accused knew witness was to go to Wangatmi that diy. About ten minutes or a quarter of> an dionr after accused had g»ne out he heard a. noise as of a burning chimney. .. lie jumped out of bed, and opened the door, whence lie could see a tire ini tile partition between the passage and the- kitchen, t'lia Are was on 'both sides of the wall,>wliich was of wood, scrimmed and paired. , lie could see the accused' pouring something •on to the trre from a bucket.' Instead of putting the fire out this? -iftrftf' increased it, and made dense black »ml>ke. He said nothing but watched;, .w.hait:- was going on. No one had called put up to this time. The bucket tire accused using was an old one, and was riot'" the enamelled one that was usually in the scullcrv. He, went back to his room, threw his clothes out of the window, ami followed them. When he left- the passage the fire was coming along the roof. He could see no sign of fire in the wood-box. When he got out of the window Mrs. Maddren and the two children were outside on a bed. Witness got stuck in the window opening',- 'and Mrs. Maddren called out to her hti'sbttnd to come' and help him. Mrs'. Maddren and the children were in their niglitclothos, and Maddren had no boots" on.

When Maddren went away to • milk.; he I went to the trapshed. He liiissSdiiu-tin j from• a case of kerosene there, <He had been in there on the -evening More- to ' fill a lamp, and was .sure that & .full tin ' win there in addition to the - hqlf-.fnll I tin frnni which he had filled the lamp on | the Sunday night. Asked the acidised if lie knew where the tin of kerosene was, and accused said, ''find the tin.,,first before you blame me." Witness replied, "There's something behind this, if T «i)ly knew," He had not said anything, to suggest that he was blaming the accused in any way. There was only one.piano in the house, and it belonged to witness. Mora the tire he had no knowledge that anyone else had insured the piano. About nine or ten days after the fire, in consequence of something he heard, he naked licensed if lie had insured the piano, and received a' reply in the negative. Tie had never discussed the sale of the piano to accused, and never asked accused to insure it, as he had it insured already. Neither the 'accused' nor his wife, nor either of the children (who were very young) played the piano. He saw accused some days later at N-griere, after the latter had been to Eltjinm. Asked him about putting in . the. claim to the insurance company. , Accused snapped his fingers at him, jumped aoross the line, and told hiiu if.he wanted any information he could, go to Mr. McYoagh, his solicitor He "went. Cross-examined by Mr. Johnstone: When Maddren came in to his room, he had no boots or socks on. and. was dressed just, as lie was when he saw him subsequently, lie bad not known .that the accused was suffering from ; dv.-en. tery. Knew he bad a bad leg. There was nothing unusual in accused bringing him a morning cup of tea. He did not !go to sleep again. He bud to get up | early, as he had to catch a train. The house was a pretty old one. He ha<l j mentioned to accused the matter of the case of kerosene, lie saw no necessity to speak to the accused when he saw 1 him throwing the liquid on to the fire. He didn't stay long but got 'out as quickly as he could. When he went to his room the fire had gone too far to enable'him to go out by the door. Accused, too, had had to get out of his bedroom window. Witness was ibadly cut about the hands ami legs in getting out ' and accused was cut aJioufc the hands 100. After the fire accused went away ! to milk the cows, .ami came back about ' two hours later. ~ite. asked accused what lie liad been pouring on the fire, and re • ceived 110 answer. ' There was usually r bucket of water in the scullery, nipl.ai far as he knew there was on this par ticular occasion. He had had 110 tronbh with the accused before the fire.. Hi had, however, had a little trouble ;ibon sonu> money that he had deducted' froit bis milk cheques because the '/.iceusei had bought butter and cheese, in hi; name.

Michael Augustus AYhiteford,, agent' for tlio (luardinn Assurance Co. at 1511 liajn, gave evidence that accused called 011 liim in November, mid asked him to come out and insure his furniture, lie went; out., and effected the insurance—£loo on the furniture, £'; so on the jiijino, and CIO on it sewing machine. Accused suggested the £SO on the pinno birns<'lf. Robertson was not present. The other two amounts were his own valuation, as far as lie could remember. He saw the accused after the fire. lie came to witness, and said be was in a bit of a .'.fix about the piano. Kobertson, he said, now denied having sold it to him,'and had it insured in nnotVer office. He advised the accused to cut the piano out of the claim, and notified his ! company accordingly. In due course' a ileclaration of loss was made. In this declaration the accused said the cause of the lire was unknown to him. but he surmised it was caused by sparks from the range igniting kindling wood on the hearth.

Cross-examined: Tie found his own estimate 'of the value of the furniture in tlie house. Constable Wade, of Kltlmm. told Hie Court that when lip went to the sceiw of the lire on 23rd . I miliary Maddren was in charge and showed him round the place, lie told the witness that the house had belonged to l'obertson. lint, the furniture ami eontents were his. "lie pointed to the remains of an iron bedstead, piano, sewintr machine, etc., which had been his own property, and a jrim which had belonged to Tioberison. Maddren informed him of his insurances in the (luardian oll'ice for £11)0, made up as the previous witness had stated. IFe also said (hat on this mormn.<; be had been troubled with dy-entery. and hail been out several times during tlie niirht. lie said he had been up at about three o'clock", bad made a cup of tea. and taken l!o')crl-ou a cup. lie went buck to lied. At about '1.20. his wife said to-"him. "Whal is ilmt smell? Isn't it "lire?'' lie not up. opened the door, and \v:h met by a sheet of (lame. Tie cloM'd the door auain, and proceeded to I bis wife and two children '<>nt. lie bad in i break the window to ui't tlieni out. AH ' they saved was a kapoc matt re-:'., a pillow, and a blanket ov two. lie had bi<t all liis own clothe-, ami the dollies ;licy w ere then wearing were t !iihtbes neighbors bad provided, lie hail 'no idea ill' how the (ire slaried. The con-table added that he submitted a report to his inspector on the matter, but, other in-

1 formation coming to- hand, he made a / second report. J c To Mr. Johnstone: The burning was! I complete, and only the ironwork of the I i various articles remained. The enquiry I by the magistrate was not held till June. I because it was impossible to git the 'magistrate (the coroner) to sit. Charlton Douglas Morpeth, of Wellington, adjuster for the Guardian Assurance Co., said he met the accused at i the scene of the (ire, and submitted the usual questions. Accused said that 1 Robertson had a cover on some fur--1 niture, but it had no connection with his 1 goods. He stated that at the time the insurance was taken out he had had a | mortgage on the furniture to Robert- ' son, but he paid it oil' on the day before the fire. It had not occurred to him, he : said, to tell the agent of the mortgage. ! As to the ca.use and surrounding circumstances of the fire, he told a story as just outlined by Constable Wade, add- ; ing that when lie returned to his room 1 after making the tea he dressed his leg. 1 When he reached the kitchen he managed to get to the pantry, where he seized a bucket of watcT and threw the contents on the fire. Asked accused if he had ever had any previous fires, and he answered that he had never been eon- ; netted with any previous fire in any shape or form. Asked if he had ever made a proposal to an insurance company that had not been accepted, accused said he had made a proposal to ■Mr. Hardy for £7O, hut the premium 1 was returned as the agent had not in-; spected the rislc. -He said he limij, Ibought the piano from Robertson, and had paid £25 011 it, but the receipt for the money was burned. He said that he had borrowed the money, but when asked Uvhere he iborrowed the £25 from, accused declined to say. Witnpss asked . him why lie had insured the piano for j £SO when it cost llini only £3O, and aecused made 110 answer. Accused told | him he had bought £25 worth of furj niture from Johnson, and £l4 worth I ■ from Osborne. Those were all the effects- , he had purchased in Tafanaki, but he ■ had brought personal effects from Auckland with him. | This closed the case for the prosceii- . tion. i Mr. Johnstone called no evidence, but ! addressed the Court, lie said that no evidence had been adduced to satisfac-

'torJly"connect Maddren witli tho crime, 'if the accused intended, as the story of • I the insurance was meant to infer, to I burn down the house, would he not have waited till Robertson was out of the way. lie knew Robertson was going oil to Wanganui that morning.- lie admitted that Maddren had told lies about the piano, but, having told a lie at the ■first, he.went on bolstering up that lie. To do that required a man stronger than Maddren was. But it had to be remembered that the accused made 110 elaim for the piano insurance. Counsel .laid stress j on the fact that the insurance was ■properly effected. A proposal was made, mid the Agent inspected the furniture before the policy was issued for the amounts which satisfied the agent. It must be borne in mind that all the occupants of the, house escaped in the cantiest of -attire, and was it eonceivible that a man, for the sake of a laltrv insurance, would turn his wile nkl 'little children out at four o'clock n the morning in that way? Not even a least would do that. lie asked the irry to be certain, before convicting the iccused, that the Orowij had actually :staWished the fact that the accused vilfully set lire to the house. The 3rown's ease must convince the understanding of the jurymen, satisfy their •eason, and direct their judgment to /hat. The prisoner was entitled to •very reasonable doubt. H'i.i Honor, in summing up. said the IUTv had to decide as to the, possibility if the lire being accidental, aud if the ire were not accidental, whether MadIren caused it. In considering the possibility of accident, a great deal defended on the.view the jury would take if Robertson's evidence that the wall where he discovered the fire was quite iway from the fireplace. If the jurymen' were satisfied that the lire was not weideutal, they were quite warranted in joining to the conclusion that Maddren ?et the building 011 lire, and in dealing with that question they were entitled to take into consideration his conduct in other matters. The. Crown stressed the fact that the furniture was overinsured, but against that was the fact that the agent inspected the risk aud was satisfied. It was not clear, of course, that the agent saw only Maddren's furniture. He may have included Robertson's. Then Maddren had insured the piano, in which they were assured he had no interest at all. Ihe accused had told diltcrent stories of the circumstances. In reporting to Constable Wade he had not mentioned the 'fact that he had thrown.water on the tire, but said he went straight back to his bedroom 'and shut- the door. Concluding, he said that if the jury had any doubt as to the fire being accidental, the accused was entitled to the benefit of thai

doubt. The jury, after a comparatively short retirement-, returned a. verdict, of "not guilty," and the prisoner left the dock. 1 ' !\~ BANKRUPTCY. In the estate of Charles H. Ellis, g:irdener. of .Stratford,, an order for immediate, discharge from bankruptcy was granted, on the application of Mr. Rpence, His Honor remarking that this was evidently a ease of misfortune, and the. creditors* seemed to have recognised this. A similar order was made, on the application of Mr. Johnstone, for immedial e discharge of tliomns' Tliggin»oii, of Lowgarth. fanner, a bankrupt. TX UTVORCE. In 0. A. Wilkinson v. M. C. 'Wilkinson, husband's petition, misconduct, .Mr. Spence appeared for the petitioner. An •order was made that, no report be published. A decree nisi, to be made absolute in three months, was granted.