SUPREME COURT.

Wairarapa Age, Volume XXXII, Issue 984, 2 March 1910, Page 5

SUPREME COURT.

MASTERTON. Before His Honor Mr Justice Chapman. CHARGE OF ARSON. The case was resumed yesterday in which Wong Gee and Uen Gen were charged with wilfully setting lire to a shop in Queen Street. Fireman Fielding gave evidence as to finding rolls of paper, and sacking, in the hole in the shop, where the fire was. They all smelt of kerosene, the sacking looked as if it had been saturated with it There was no way under the shop to get to the hole, nor could it be got at from the adjoin-

ing shop. - Constable-Dunn corroborated the evidence of the last witness as to the roils smelling of kerosene. Sergeant Millar also gave evidence. By Mr Hollings: Have never seen a blind to the shop window. Uen Gen seemed anxious, to have tne enquiry and have the thing cleared up. Never heaid anything against his honesty. This closed the case, no evidence being called for the defence. The Crown Prosecutor addressed the jury, and set before them the points of the case. The evidence showed clearly the fire was lit from the inside, and shortly after the shop was closed, and no one was on the premises but the two accused. He submitted the paper rolls must have been rolled up in the shop and pushed down the hole, as they were duplicates of papers and string in the shop. The object in firing the premises was to get rid of his old stock, value £IOO, and get £l5O insurance. The stock in the boxes in the yard were there the night of the fire. Uen Gen was leaving for Waipawa. He had the stock on his hands, and wanted the money instead. ' Mr Hollings. addressing the jury, asked to forget the accused were Chinaman, and to imagine they were British subjects. The onus of showing th? accused were guilty rested with the Crown. The case was one purely and entirely circumstantial. There was no connecting link, fixing the accused to the crime., There was no proof who put the papers in the hole, how long the hole had been there, who put the kerosene, and who lit the fire. The case was suspicious, but no proof was given of the guilt of the accused. The place where the fire started was open to the view from the street, and no one v wilfully would start a fire under such circumstances. The tightly rolled papers proved they were not put there for burning for the purpose of destroying a building. He contended Uen Gen was perfectly honest in stating the stock was worth £2OO. He would lose the deposit on the shop lease of £lO, and the further sum of £lO he was to receive on leaving. He had taken a shop at Waipawa to which to remove his stock. If a man wanted to destroy his place by kerosene he would have poured the whole lot over the premises, and not left half a drum outside to attract attention. Uen Gen voluntarily brought water and put out the fire. Had he have raised difficulties in getting the first bucket of water the fire would have got a hold and the place been destroyed. It was a perfect mystery how the fire happened. He submitted it had not been saown by the Crown that no others were on the premises. It was a place where Chinese frequented, and some one might have done it out of spite or mistaken kindness.

His Lordship pointed out the law . bearing on the evicence, and the jury j retired to consider their verdict., j After an absence of two and three- j .quarter ' hours the jury returned j with a verdict that Uen Gen did wil- j fully set fire to premises in Queen Street on the night of February 14 th, with intent to burn down the same; that Wong Gee was not guilty. j His Honor, addressing Uen GeD, said: "I will give you credit for having been a man of good character previously. You are convicted of having wilfully attempted to swindle the Insurance Company by creating this fire- Moreover, you ran the risk of burning the old man Wong Gee to death. I will take into consideration your previous good chaiacter and the fact that you are only a young man. The least sentence I can impose tor this offence is three years in prison with hard labour. You are sentenced accordingly. Wong Gee, you are discharged."

BREAKING AND ENTERING. John Walker was charged with breaking and entering the premises of George William Deller, of Carterton. . The following jury were empanelled:—J. Caselberg (foreman), Herbert J. Francis. E. T. Neisson, P. S. McNally, J. R. Cole, J. E. Brown, G. A. Dawson, H. Wee, K. Mclver, G. G. Aitken, J. G. Hayes, and J. B. Emmett. Mr Pownall appeared for accused, who pleaded not guilty. Mr Bunny, for the Crown, said about half past one o'clock on the morning in question Miss Deller was alarmed by seeing a man in her bed room interfi ring with things.on the dresser. He carried a lighted lamp. She called out to her father, and the man backed out of the room. . The man had left his boots on the verandah, entered the house, lighted a lamp, and went through two or three rooms. The man escaped out of the house, and assistance having arrived the grounds were searched, and the man was found under a hedge.. / George William Deller said he was a butcher, residing at Carterton. He /lived with his family in Tyne Street. He left all the windows and. doors closed on retiring to Jsed that j night, except the back door-left open for his

(son. His daughter Dorothy aroused j him and he lighted a candle. Heard his daughter Grace call out. His son was coming out at the same time. They went into his daughter urace's bedroom. Sent for the police, who quickly arrived. Two unoccupied rooms were found to be ransacked. His two boys helped him, and the police, to search the grounds. The accused as found under the hedge. The police dragged him out, and he had no boots on. He was sober but appeared to have had liquor. By Mr. Pownall: The constable's dog first found accused. On seeing the policeman the accused said "Where am I?" The only reason accused did not run away was that he had not got his boots. Nothing was missing. They lound on the man when he was searched £2 5s in cash. Had he known as much as he did now he did not think he would have sent for the police. Mr Bunny: Why not. "Mr Deller: Because I think he deserves a jolly g' od hiding. (Laughter in the court, which was quickly suppressed). William C. Deller, clerk, living with his father, .corroborated the evidence of last witness. Came in by the kitchen door about 11.30. Left the door unfastened, and went to bed. Heard his sister call out, "He's gone out by the back door." Went in that direction, and tripped over a lamp in the passage outside his sister's door. Opened the back door, and could see nobody. Went back and picked up the broken lamp. It w?s warm as if recently alight. Went for the police, and returned with Constable Carmody. By Mr Pownall: If he had not been in a hurry he could have unlocked the door and got his boots. There were four gates to the premises. Was present when the accused was searched. Money was found on him. To the best of his belief accused was sober. Grace Deller said about 1.30 o'clock on the morning of the sth inst. she was disturbed by seeing a man and alight in her room. She called out. "Is that you, Will?" There was : nb reply, and then.she eaw the man had on*a • "hardbittenV Witness said "Who are you?" and the man went sideways out of the door, holding the light so that she could npt see his face. He was dressed all but his boots. Thought the light must have aroused her. By Mr Pownall: The light was easily to be seen. Her purse and jewellery were on the drawers. By his Honor: Heard the back door close. Dorothy Deller gave evidence as to arousing her father on seeing a light in the next room. A certificate was read from Dr Gunn stating Constable Carmody was ill and unfit to travel. Mr Pownall raised no objection to the sworn evidence of the Constable given in the lower court, being read t to the jury, and this was done. I Mr Pownall, for the defence, cal- ! led Nelando Johnson, labourer, Te Wharau. Was in cumpiny of accused on the evening of Friday, 4th February, between 5 and 6 o'clock. They bad seven or eight whiskies togethre Should s-iy Mccused had had some before ! John Walker, the accused, sworn, ' said at the present time he was a [ labourer working at T<3 Wharau. Had j never been before a court previous !to this. Left his trork on 4th February and got into Carterton between 3 and 4 o'clock with £4. Had six or eight drinks with last witness. Had other drinks. Booked a bed at j the Marquis Hotel. Went out with I the intention of going to the Bazaar, j and woke up in the lock-up. Did not j remember anything about being on | Mr Deller's premises. That was the third time he had been in Carterton. By Mr Bunny: Could remember ; the number of drinks he had, and i who with, but could not remember being in Deller's house. | Maurice Lavery was treasurer of the Catholic Bazaar on 4th, February. Went to Skelley's shop and got change, between halfpast 9 and a quarter to ten o'clock. Accused bumped into him and said "For God's sake undo this collar; it is choking me." He asked witness where the bazaar was, and he replied, "Go down the street; you'll find it." The man smelt of whiskey. Saw him quarter of an hour after, and /he looked like a lost m an. It was late when the , bazaar closed. Whilst waiting outside the hall saw accused about 12 o'clock wandering about aimlessly. He came past witness and assed the!' way to the pub. His clothes were dirty, and he gave witness the impiession of a man who had just got up out of a drunken sleep. Told the constable about the man. This was about a quarter to ten o'clock. By Mr Bunny: 1 was counsel for accused in the lower court. Witness suggested accused mistook the light of the moon which was rising over Dellers' house for the lamp at the Marquis. This closed the case, and addressing the jury for the accused Mr Pownall contended that there was no felonious intent shown in the prisoner being on private premises at night. The man was proved to have been drunk, and was not responsible for his actions on the night in question. Replying, Mr Bunny said if the man was drunk it was before ten o'clock that night, and he had till half-past one o'cluck to get sober. His Honor having explained the law p"intß, the jury retired, and returned with a verdictibf not gu*ltyon all <-o-nts. ■ '/