ALLEGED ARSON

Wairarapa Age, Volume XXXII, Issue 10152, 23 December 1910, Page 6

ALLEGED ARSON

LEO-BARKER BEFORE THE COURT. JNTERESTIMC EVIDENCE. ACCUSED COMMITTED FOR TRIAL. In the Magistrate's Court at Mas tor ton this morning, before Messrs J. Brown and'J. 11. Nicol, J.'sP., i\ young man mimed Leo. Backer was charged, on remand, with having, on March 6th, 1909, wilfully sot fire to the premises of Maggie Young. Sergeant Miller prosecuted, and Mr. C. A. Pownall appeared for the defence. Sergeant Miller briefly stated the circumstances of the ca e. Edward Pragnell, a member of the Masterton Brigade, deposed that he went to the fire on his bicycle on the night of March 6th, 1909, when the alarm was given. The Brigade arrived two minutes later hut the house was destroyed.

By Mr Pownall: The.\ outside value of the house was £4O. He would he surprised to hear that the owner had offered the building to a party for removal at Jos. Maggie Young deposed that. •• shelived in a cottage in Cockburn Street iii 1909. A man named Henry Edelston was staying in the same cot-. tage. She and Edelston went out on the evening of March 6th. She stayed at the library, whilst Edelston did some shopping. They returned together at 9.30, and found the building destroyed. She could not say that she had ever seen the accused. She lost wearing apparel, furniture, etc., to the value of £25 or £3O by the fire. Henry Edelston, flax-cutter, . deposed that he was staying with the last witness in Cockburn Street on March 6th, 1909. Two young men had called at the house between 3.30 and 4 o'clock in the afternoon of that day. To the best of his belief accused was one, and a'man named Robert Andrews the other.- The young men asked for Mrs Young, and were informed that she was not in. They used bad language, and said they would come round again in the evening, when, if Mrs Young was not in, there would be a row. About 7.30 in the evening he saw the two of them on their bicycles riding in the direction of Cockburn Street. Witness corroborated. the statement of the last witness as to the fire. Hehad lost £ls by the fire, including £7 in notes, which were in his vest pocket. Mr Ingram was the landlord of the house. Witness had never heard of complaints from neighbours as to disturbances at the house.

Jasper Charles Ingram deposed that Mrs Young was a tenant of his in March, 1909. The cottage, which contained two rooms, was destroyed by fire on March 6th. He valued it at £2O as it stood, it was not insured. By Mr Pownall:. He. had-not offered to sell the cottage for 15s to accused's father. The rent was one shilling per week.. Ho did not press for payment of it. He had given Mrs Young notice to quit two months previous to the fire. He had heard complaints about the occupants of the cottage. Mr Wilton,, who lived fifteen chains away in the same street, was not one of those who complained. I Herbert Martin Wilton," linesman, Masterton, deposed that in 1909 he . lived in Cockburn Street. The accused (Barker) was lodging with him, and had been with him for three or four months. Barker .had complained of the conduct of the cottage occupied by Mrs Young, and on two or three occasions had threatencd to set fire to it. Witness stopped accused's talk, and said he would be! liable to gaol for it. Accused was at witness' place on the night of March 6th. Ho then said he was going to set fire to Mrs Young's place. Witness told him not to be foolish, and then went out to attend to his pigeons. This was between 8 and 9 o'clock in the evening. About a quarter of an hour later, he noticed , Mrs Young's house on fire. Accused came into tiie house soon after, and said he had set it alight. Witness asked, "Set what alightr'' He said, "Mrs Young's cottage." Witness said, "You must be mad!" He'did not go to the fire, and he. did not think accused did. j By Mr Pownall: Accused was a ! boarder at witness' house. Witness told his wife the same night what accused had done, but did * not speak to anybody else. Last week, after the Court proceedings, he told Constable Dunn that Barker had set Mrs Young's house alight. He told no person, excepting his wife, about the fire, between March, 1909, and last week. He did not know that, in concealing the knowledge, he was liable, as an accessory to the charge of arson. He heard that if his wife : I lost the divorce case, Barker would

give himself up and drag witness , into it. Witness thought that if Bar- , ker informed on him, he would have ] no chance of clearing himself. He knew there was a conspiracy against him. Shortly before Barker left the house, witness struck him, because he was interfering between witness and his wife. Barker objected to the way witness was treating his wife. Witness asked, "Is it anything to do with youP" Barker replied that it was not. Although innocent of the charge, he was anxious to protect himself against Barker. He had never suggested to Barker that lie should set the house on fire, and had never referred to the occupants of the house as objectionable. Witness had instituted proceedings against his wife for divorce, and he believed Barker was to he a witness in the case. He had reason to think that Barker had been guilty of improprieties with his wife. His wife had a separation order against him, and last week had applied that ho he bound over to keep the peace. Barker was to have bec-n a witness in the case. Witness informed Constable Dunn the same clay, after the case. By Sergeant Miller: Witness had been in the Hospital through domestic, worry, about the time of the fire. •: : .*•■ ■"' ■■• ■

Mr Pownall: This is the. first time I have known domestic trouble to produce varicose veins. Re-examined: Witness knew that the accused, was returning to Palmerston North. nonstable Dunn deposed that, from information received, he saw the accused at Harding's house'iii Walton's Avenue on the 16th of this month. He asked accused if he knew anything about a fire at.Mrs Young's whare. Accused replied that he did. He was not sure whether Wilton was with him or not. He said he knew that Mrs Young was out at the time. He saw her going towards the Catholic Church. He went homo and told Wilton, and then went over and put a match to the place. He then went back and informed Wilton; who said it was the best thing that could have happened. He made sure there was nobody in the house before he set fire to it.' The accused signed his name to this statement. The accused at first said, "Bert Wilton and myself set fire to the whare." He afterwards said he did not think that Wilton was present. By Mr Pownall: Witness did not give the accused any idea from whom lie got the information. This was the case for the prosecution. The accused, who reserved his defence, was then committed to take his trial at the next sitting of the Supreme Court, to be held in Masterton, bail being allowed as previous ly, viz., accused. £SO and two sure •tits of £2s.each.