RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1934, 16 March 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. G. Lawlor and H. Goidrinitb, Esqs., J.P.'s.) DBTTNKENNESS. Margaret Miller was charged with having been drunk and incapable off Davy-street, Grahamstown. Fined 10s and costs. BREACHES OF BOKOUaH BYE-LAWS. . Robert Murdoch was charged with a breach of Bye-law No. 1, by allowing one pig,to wander at large on the Tararu-rcad. Fined Is and costs. Edward Jones was charged with a breach of the same Bye-law, by allowing^ three pigs to wander. Fined 3s and costs. Martin H. Payne was charged with a breach of Bye-law No. 3, by allowing his horse -to wander on Willoughby-street footpath. Defendant pleaded guilty, but said he was peculiarly situated, as he was obliged to let his horse remain on the footpath of the back streets, or not attend to those patients residing in such localities. He thought it a hard case. The Bench sympathised with Dr Payne, but was compelled to impose a fine of 2s 6d, according to the law. ABSON. William Wilkinson was charged with that on the 15th of March 1875, he did unlawfully, maliciously and feloniously set fire" to fi certain dwelling house at Waiotahi Creek, there situate, the property of Jane Roome, with intent thereby to injure the said Jane Roome. Prisoner said he knew nothing. Mr Bullen said the information was laid under the 3rd section of the Malicious Injury to Property Act, 1867. The facts of the case were very simple, and did. not require any special remark.. The case would be short, as the guilt was apparent, and he apprehended that the evidence would result in a committal.

Jane Ifoome deposed—l am the wife of John Boome. My husband has been absent from me for four years. He built a house on the Waiotfhi Greek. The house was partly weather boards and partly mud. The roof was boarded. There were two rooms in it. I resided in the house with my husband before he was sent away, and have lived there ever since, until, yesterday, when it was burnt down. The chimney to the house was composed of mud. The house belonged to. my husband. I recognise the prisoner. It is three years since I formed his acquaintance. I know him by the name of William Shingleton. During that period he has resided with me in the' house. I have been very comfortable with him while he was sober, when he was very kind, but when he is in drink he gets raving mad. I have been subjected to several cases of cruelty by him, but it was only when he was in drink. I recollect the accused saying he would go , to the Upper Thames, the day before yesterday. . I recollect accompanying him .from"the house yesterday into Grahamstown. It was in the forenoon. I took leave of him there. He was going away, and I went up tbe Waiotahi- Creek. I know where Mr Donovan lives, his house stands about 15 or 20 yards from where my house stood. I went to Mr Donovan's house before I went home. About half an hour after I got to Donovan's I saw accused coming to where I was, with his bundle of clothes. When he came inside, he turned round to hit me. Mrs Donovan prevented him striking me, and told him that the police ' had given him warning, and to clear.off. | He then struck Mrs Donovan. He wan-, j ted me to go outside, but I would not, j because I knew ,he would beat me. : Donovan then came in, and ordered ac- ! cused out of the house. Accused went J out civil, and never said a word. When I he was outside, I heard him say " I will j set the b— ■—- house on fire." He meant my house: He went away, remaining about five or six minutes, and returned to Mr, Donovan's window. He said, he i wanted to speak to me and .asked me to come ouside. I replied— "I will not come outside, for you will beat me." He then walked away towards my house again. I heard him say, '* You will soon see a fine flame." | Those were the last words I heard him say as he was going down the hill. I saw him when he said it. He was coming from my house, which was higher up the hill than Donovan's. Shortly after I heard the cry of fire —not a moment after. It was my house. I did not go out to the fire. I was afraid to. go. The house was burnt down. There was enough furniture in the house' for my own use ; all my clothing and bedding; all were consumed; and I have nothing now except the clothes I have now on. The house was worth about £3 10s. I could not replace the furniture under £5 or £6. My clothing and bedding were worth about a couple of pounds. The house, with contents, was not insured or mortgaged to any person. Accused has | frequently before threatened to burn the . house. Nothing but an oven belonged to the accused. . ! By accused : I can swear that my name is Jane Eoome. I have got no certificate here. I was married in Nelson. You fetched your clothes up home because you lost the steamboat. The blanket on ; the bed was my own. The safe is not mine, the pots are ; the pannikins you broke. What ever you had, William, you broke up. I did not see yougo into

the house, but saw you going towards the house. There are .no side windows in Donovan's house. Accused said he would not ask any more questions, as it was no use. She had put one away, and wanted to put him away also. By Mr Bullen : There is no other house behind MTr Donovan*!, and I saw him go up the tract leading thereto. By the Bench: The accused was very dinik. Timothy Donovan said—l am a miner residing on Ihe Waiotahi Creek. I know the last witness, and accused. They resided together, arid sometimes lived unhappily. Mrs Roome's house was above mine, about 30 yards away. When I got home home yesterday found accusedthere, and ordered him him out, as he appeared noisy. Accused went oat, and when outside turned round, at the same time saying, " I will soon give you a blaze." He then went in the direction of Mrs Roome's house. He came back in a few minutes, and said " I will burn the place down." I did not see him when he said this, as I was sitting.at my dinner. " About two or three minutes after that I heard the cry of fire. I opened the back door, and saw Mrs Roome's house on fire. I saw nothing of the accused. I went up to the fire, and saved some little articles. The house was completely burned down. I haveoften heard accused say he wotlld burn the house down, but never took any notice. By the Bench: Whenever accused threatened to burn the house down, he was under the influence of drink. Bridget Gardner—l reside ,on the Waiotahi Creek. Know the accused, and Mrs Roome My house is opposite on the other side of the town. Saw prisoner at about one o'clock yesterday, going from Donovan's window to Mrs Roome's house. He went into the house through the door. I saw him pull the blind off I the kitchen window, and set fire to it. He shook it out, and took it into the bedroom. I .next saw him with some large white cloth in his hands. It was in a blaze. He put it on to the bed. He came outside the door. I sang out fire; accused looked into the house and then told m,e, to shut my mouth. He then went down the hill towards Grahamstown.

By accused: I can swear I saw you take the blind, off the window. I could see it was you set fire to the place yesterday. I saw you through the window setting fire to the bed. I was sitting at my own door. My house is about 200 yards from the one burnt down. Mrs Eoome recalled by Mr Bullen—l hare no family. I have two children in Sydney. No one was residing in the house but ourselves when the accused set fire to it. I did not lock the door when I left yesterday,, but closed it. Before I went into Donovan's house I did not notice whether the door was open: or shut.

David Mattheson,—l am a shipwright by trade.. I reside on the Waiotahi. I know the house that was burnt down yesterday. My house is thirty or forty yards from it lower down the creek. I recollect hearing an alarm of fire about one o'clock. I was outside my own door, and, upon looking up, saw the smoke coming through the roof of Mrs Boome's house.. Saw the accused, who was.a few steps distant from the heuse, going towards Grahamstown. I heard the last witness cry out fire. -The. prisoner said ' the b-—r- — thing is ali right.'' At the time he said this he looked round at the fire. Jie then went down towards Grahamstown. I did not go to the fire, as it would-have been of no use, the house being all in flames inside.

By the Bench :—I saw no other person at the fire.. ; . ; Detective Brerinan deposed: I arrested the prisoner. I charged-him with setting fire to tUis dwelling. He was the worse for liquor at the time., Accused replied, " I did not burn the house; I know nothing about it." I visited the premises , which ;,jrerc burnt, down. Donovan's; house is 36 feet from it; Mattheson's house- is about 30 or 40. yards more to. the right, going down the; hill; Mrs Gardner's is about 150 yards, on the opposite side. of the. tramway. There. is an uninterrupted view from, Gardner's to the house that was burnt. I have, sometime ago, seen into Hoome's house while standing in Gardner's house. * Accused had at times been Tory cruel to Mrs , Boome; he did upon .one occasion receive the extreme sentence of the ! Court for assaulting her. General complaints, had also been made as lo his disorderly conduct. . ; This concluded the evidence, and the I depositions were then read over to the accused. The Bench asked accused whetheriie had anything to say, administering the usual caution. Accused said he had nothing to say, but trusted to the mercy of the Court. j The Bench then committed prisoner -to i take his trial at the next sitting of the Supreme Court. , .