R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1361, 24 April 1883, Page 2

R.M. COURT.

1 DAY, - ■ "i j i \-_ sj\>y„■ [Before, Messrs AN"W, -Rekam, and'W, '.Lowes, J.P,'s.J George Bowie appeared on the remanded charge of setting fire to an outbuilding, the property of Henry Neilson. Mr Beard appeared for the prosecution, and Mr Bunny for the defence. Mr Bunny aßked for all witnesses to leave the Court. Mr Beard objeoted to Detective Chrystal being' excluded, but the Court ruled against him. Mr Beard in his opening address said he was not going to ask the Court to deal with the matter as an indictable offence, and suggested that a whipping would be the best punishment to meet the peculiar circumstances of the case. Detective Chrystal deposed that on the 15th instant he was passing by the Taueru Hotel and visited an outhouse at the back of the building in company with the licensee, Mr Neilson pointed out where several boards standing against the joists were nearly burnt through. Some matohes whioh had been used were lying about, Thia was inside the shed; He accosted the accused and told him that he had 'reason to beliove that tho °6re had, been •lit by him. At first the boy denied setting fire to the boards. Witness then told him that he heard that ho was in the habit of carrying matchoa about with him, and that Mr Mlson had informed him that he had set Gro to his bush. Mr Bunny objected to this evidence. The Court: Did you give him the ÜBual caution? Witness; No I did not, Mr Bunny submitted that every confession must be voluntary before it cmld bo used as testimony, and that in the present case it was not so, Mr' Beard denied that the Detective held out any threat or hope to'the boy. The statement made by the by was a voluntary one, The Court; Was there not a crossexamination on the part of the Detective to got tho hoy'to speak? Mr Beard submitted that unless some inducement was revealed in Ihe'crossexamination, the statement was voluntary. Mr Bunny argued that it was not the duly of an Officer to, got uny.person to orimiuate himself by a confession, . Tho Court decided that they would not refuse to admit the evidence, but that they would watch with some jealousy this particular portion of it, Witness continued: The boy admitted that he atruck three matches and set fire to the boards. . To Mr Bunny: Tho boards were loose. I have not brought thorn down,: Tho shed was an open one, and the boards were standing up in it. It was hot floored, . I heard.of tho affair from the, constable at Toniii, to whom the'land! • lord originally complained. When I first spoke to the boy no one else was present; I did not go to the person in charge of the boy. I said to him that I had been told that he set fire to the boards. He denied doing it, but in such a way that convinced me he had done in. I felt it my duty to find out from hira how the fire had occurred, I don't think I put the question straight to the boy as to.whether, 'lie lit the fire, I did not threaten to put the handcuffs on hinj if he djd not confess. After ho confossed I pointed out to him' the enormity of the offence, and that ho would be punished by being put in goal. I told him that if he. persisted in lighting fires he would be handcuffed, Before going to the boy I was told that he lit the fire. The prosecutor seemed in a great fright lest his house should be burned. He cross-examined, all the boys as well as the accused, No information was laid against him at the lime, Henry Nelson, lioensee of tho Taueru hotel, remembered the 2nd of April hrst. He had two men carrying in hay for him and he went to a shed to got some boards, and saw there had been a fire under the boards. Mr Bunny: My friend must be ignoraut or I must be a fool for leading questious like this to be asked.. > Mr Beard; We will assume'both,';, Witness continued: lam quite Certain thaf the boards wore not burnt before l . There were rags and ashes; pn the ground and three buttons, The shed was about twenty yards from the hoqse, and olobb to tho stables.' " To Mr. Bunny; When I found it out I wrote a letter, to Mr Heron. I could not say when thie fire took; place. The Bhed. oouldnotbespenftflintltebpje!. . George Garrett a hoy of nine years was asked what became of a boy, who told lies, and replied that" he gets hung." Mr Beard thought this was satisfactory but Mr Bunny held that the boy was 1 not qualified to be a witness. , ■ Mr Renall asked the boy if he was not taught at school the nature of punishment for telling untruths, but was informed that education was secular in the colony. The Pourf deojdei) to allpw the boy to be sworn. The witness deposed that George Bowie told him that he lit the first fire, and then afterwards he said he never did so, To Mr Bunny: He rememberod seeing Detective Chrystal with George Bowie. The deteotivo asked Georgo Bowie whether he lit the fire. He thought the detective; threatened to handcuff Bowie if he did not admit the charge.' To Mr Beard: He remembered a little of what Detective Chrystal said, he aßked whether Bowie lit the fire, Ho could not remember anything else, Henry Smith, another boy, did not hoy) the nature of an oath. If he told a lie he would bo put in the lock up. When boys were wicked they went to' hell. After this he was sworn and deposed that he lived at the Taueru. Be askod Georgo Bowie if he lit the fire and George Bowie replied "yes," Just before coming into Court George told his brother Sam not to tell, George said he lit some straw at the other end of the shed, not near the boards, James Garrett, b .y No 3, said bad boys who told lies were put iu a fire, and was then duly sworn. H 6 slated thai George Bowie told him that he lit the fire. To Mr Bunny-He was not certain that George told him. Samuel Smith, No 4, aged seven, the smallest of the quartette, did not know what was done to bad boys who told lies, and was pronounced too young to give evidence, George Heron deposed that he was the owner of the Taueru'.Hotel/and in consequence of information received from Detective Chrystal he laid the ipformation, ; "■.-, ToiMrßunny-The detective-asked him to lay the information.:' - Mrjßunny submitted that there was r no ca«e> ! : V The information was dismissed ground of insufficient evidence.-.