Police Court.

Waimate Daily Advertiser, Volume IV, Issue 277, 1 November 1902, Page 3

Police Court.

(Before Messrs W. .Petit, J. W. Milsom and C. V. Clarke, J.P.'s) ARSON. Emily Calvert was charged that she did on the 11th and 23rd October unlawfully set fare to the houee of Harry Neville Hertslett, situated at the Hook. Mr Hamilton appeared for the accused, the case for the Crown being conducted by Sergeant Waning, who outlined the ease. Harry Neville Hortilett, farmer, deposed accused was in his employ for about ten weeks. Another girl, named Nel'ie Brokenshiie, was employed as nitreegirl. Witness was awav frjm home alter 12.30 on October 11 He returned from Waimate about 5.30 and heard the house had been on fire. Went into the pantry, which opened off the kitchen, and found the articles that had been on the top of the pantry cupboard lying on the floor, which was covered with water. The articl«s in the room were a child's crib and mattress which were not in use, but packed awaj, a gun case and three portmanteaux. The articles produced were some of them. Opened the cupboard door and s*w smoke issuing from i r . Found a rolledup almanac smoulde ing. Thought the fire on the top of the cupboard ha i been burning only a few minute*: Had it not been seen for five minutes nothing but a fire brigade could have coped with it. j On the 23rd October he was again away from home, leaving an 9 a.m. with his wife and family. He went down to the mou'h of the Waihao and returned about ten minutes to fivo. Had left at the house Emily Calvert, Nellie Brokeoßhire, who was in charge of the baby, which was a year old, and George Woeds, who was employed on the farm. The latter told him there had been another fire. Went to the front of the house and saw where a fire had been that day. The place was between two piles at the end of the verandah. One pile was new and was not burnt, but the other was old and was considerably burnt, as also were the boards in front, and the verandah posts Judging by the state of the pile it had been burning about half an hour. A match could set fire to it, but a lire ember would do it more effectively. There was a rosebush at the foot of the pile and he had that morning watered it as he usually did. Accused did not tell him that a swagger had been tbere that day. If anyO'ie wished to do him an injury they might hare set fire to two stacks, which contained about 5000 bushels of grain. The house and furniture wore insured and the st*ck« not. Did not think accused would know whether he was insured or not. Had a swagger or stranger beien on the road they could have been seen. The house was about a quarter of a mile from the road. In the first ca»e he thought the fire might be accidental, but in the second case he felt certain that it must have betn maliciously done. Had had considerable experience with swaggers, and never had angry words with them. Never refused them either tucker or a night's lodging. Had found the boy Woods very trustworthy, as was the girl Brokenshire. The girl Calvert was leaving before she was arrested. Reported the matter to the police on the morning of the 24th. To Mr Hamilton : The top of the cupboard referred to, which was about six feet high, w»« used for storing the articles mentioned. The crib had been there about fifUen months, the gun ease and portmanteaux were taken down when required. One side of the large cupboard was used as a lin m press and the other for storing articles required in the kitchen. There were matches, both wax and safety, stored there. H*d no reason tor a suspicion that the first fire was other than accidental, but had about the second, Ii would be possible to approach the house from some direction without being seen. There was a plantation of trees round the house.

To Sergeant Warring : If matches had been in the cupboard they would be taken out a box a time and not opened '.here. The fire on top could not be caused by the matcheß inside considering the stats of the inside. Mrs Hertslett said she remembered the day in question. The nurse girl, who was out, returned at 3 p.m. from a walk. Shortly after 2 p.m. witness left the house and was away about 20 minutes. Accused was alone in the bouse then. Witness saw smoke and rushe i to the bouse. Searched the house and found a large fire on top of the cupboard in the pantry. Accused was in the scullery where she had been when witness left the house. On 23rd inst. left home with her husband and her children, except the youngest who was left in charge of the nurse. They returned about five, the nurse and accused being at the house alone. The men working on the farm were some distance away. On witness returning home she was informed by Woods that another fire had occurred. Accused said that a swagger had called in witness' absencs. He asked for food, which she gave him. Requests for tobacco and money were refused, and the swagger swore at accused, who slammed the door in his face. He threatened to make it hot for her on his return. She went to her bedroom and stayed there until the nurse returned. Mrs Hertslett said Bhe had no suspicion of accused until after dismissing acoused for another reason.

Cross exairined by Mr Hamilton : She had been satisfied with the conduot of accused, and had nothing to complain of. After the first fire accused was in the scullery, apparently unconsoious ot the fire. Accused Beemed to be speaking truthfully whan telling the story of the swagger's call. Gtorge Woods, a t&rra hand working' for Mr Hertslett, corroborated last witness' evidence as to the first flro. On the 23rd witness wai in Waim»te in the morning returning about one o'clock. Accused told him then aW>ut the swagger. After dinner he was working about 100 yards from the house; he was there abjut an hour, and the nurse was with him. Accused caine out about- a quarter of an hour before they returned to the house, which the three did together. The two girls went inside, and witness

went to the north side of the house. He was there about twenty minutes and went round to the front of the house, from which point he saw smoke and flames coming from the .house. He put the fire out and called to the girls The conduct of accused did not suggest that she knew anything about th« fire. Nellie Broken.hire, nurse girl at Mr Hertslett's, corroborated the evidence of last witness. She did not see any swagger about the house on October 23. Witness was with accused from the time they entered the house that afternoon until the alarm of firo.

J. Sinclair, captain of the Waimite Fire Brigade, said he thought the fire on the verandah had been burning half an ho»r or more when put out. Was con- . vinced that the fire was lit on purpose. Constable Christie gave evidence as to examining the places where the fires had occurred. Had searched th-s whole district in vain for traces of a a swagger answering to f 1" Ctrl'* drrwription. He arretted accu-ed, who made a written stat-men', produce*. Mr Hamilton submitted th.t rher* w-a not a semp of evidence t> connect the girl with the chirge, an I h« asked the Benah to-rule ihit there was no charge. The police '-imply said tr»;it ihe facts they brought forward were co-isieteiit with th v guilt of accuse'), but the simn be aid of he- innocence. It was q tile immaterial whether there was a swagjer or not .- it dul not p'ove the girl's guilt without some suspicious oiroumitances. It was not certain whether the first fire was accidental or wilful. It had been shown thit matches were kept in the cupboard, and it was ve-y probable that thsy had been spilt and carri-d up by mice Tbe girl di i not show by her conduct that she had bsen connected with the fire any more thanjshe was with the other. The whole of the girl's time was accounted for from one o'clock on the day of the fire. If th° evidence pointed in any direction it w-ia in that of a stranger who migit have been concealed. He asked the Bonch to rule that there waß no case to answer.

The Bench was of opinion that there was no case to answer. It was a &rave charge to make against anyone, and although there was a mystery surrounding it, the accused could not be connected with it by the evidence adduced. The decision was received with cheers, which were instantly suppressed.