R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3189, 26 April 1889, Page 2

R.M. COURT.

', MASTEBTON-FHIDAY. (Before Mr H.S. Wardell, E.M.) '.. ARBOK. '' ~: Oswald Spotciawood Brodie, lato of Te Ote Ore, farmer,. was obarged on the information of tfergean} Prico that ho did on tho Ist day of March, 1889,' unlawfully, maliciously, and feloniously set fire to seven stacks.of corn r to wit,, wheat and. oats,, tho goods and chattels of; the said Oswald Brodie, then and there being contrary .-.to the form, and statute in such case made and provided, : Mr Pownall '.appeared for, the acoused, Sergeant Price conducting the prosecution, assisted by Detective Kirby. All witnesses were ordered out of Court":':'.'" ;-. -,■'■<['•/■':■ : After Sergeant; Price had given an outline: of tlie case", 1 the evidenco gf Mr.Eaw6on ; was:dalied,.;-'; Arthur John Bawsoa,'auvhorised

JBHgibeer aid 'surveyor,' 'said heikhew

the - property, fnrpied by accused at Te Ore' Ore. Made a survey plan of measiireraent of- {lie-property that bad .been, cropped (plan produced.) Took survey on the 16th and 22nd of this mouth. The property was

divided into four paddocks. No. 1 contained 19$ acros stubble, No. 2 14J aores stubble, No. 8 acres stubble; No'.-4 88J acres stubble, 16j wheat, and 17$ oat stubble,; Nos, 1 aud 4 had no defimte bouudary owing to flax and bush. No. 1 paddook' contained 28 -acres, No. 2 22 acres, No. 8 45 acres, No. 4 60 acres. The homestead as marked on the plan produced in Court stood a considerable distance away from where the stacks were built.

By Mr Pownall: Portions oi No!s. 1,2, and 8 were ploughed, but not cropped, This was not included in the area on the plan. In No.'4 thero might be a question of an acre not cropped. Could not say-whether property had been surveyed previously, There were several survey pegs on the property which he took for road pegs. George Goodwin, laborer, residing at Belmont, knew accused. He was employed by him on Te Ore Ore for about fourteen months. . Was in accused's employ at the time the stacks were destroyed. On that da} Brodie and witness were employed carting wood from the bush to Brodie'e

house; After dinner" they went to the bush together with a horse and I dray,. .In going to the bush they had; to go tbrbugh'the clearing where.the stacks were located. The dray track was about three or four hundred yards from them;; Brodie: was driving the horse, and drove within half a chain of the stacks. He gave as his reason that he wanted to drive a cow from the stacks into Falloon's place.. He. then left, the track and ■approached..the stacks,',; He said before reaching the stacks," By-the-. bye Georgo, have you, got any

matches." Witness said yes, and pulled some rbatches out of Lis pocket,'- Acouscd only .'took one. Could not say whether accused was smoking or not at the time. Did not see accused strike the match when with him in the cart. Witness was the first to jump out of the' cart and drive the cow away. When a short distance away they turned roand and saw the foot of one of the stacks on fire.

Accused was at this time sitting on the cart smoking..'The howl of witness' pipe waß cold, and could not have been alight when he jumped out of the cart When.he jumped out of the cart there was no sign of fiie.

The stack on fire was the nearest to and behind the cart.. The distance to the cart might have been about ten yards or a "chain. When he saw the flames he called out to accused. The fire was behind accused at tbis time. When he drove the cow my he did not pasa that part of- the stack which was on ,fire, but was within three or four yards of it. If a fire had been there when he passed he I must have noticed it. When he saw the flames, accused was coming with the dray from the direction of the fire. The dray might have been forty or fifty yards away from witness at this time, When he saw the flames he slioutecl " Mr Brodie, there's a fire in the Btacks behind," Accused jumped out of the cart and helped him to beat tho fire out with sticks. A gale of wind comiug on, they could not extinguish the fire with the flax sticks, and the flames spread to the thatch. When witness first came up the fire was burning on some loose straw at the bottom of the stack. Accused had: a pipe in his mouth when he jumped out of the cart. [On the plan being produced, witness pointed out where the stacks had stood.] After the fire, witness said " this is a nice thing," Accused made no reply, with the exception of saying he would have to go to Masterton. On the way to Masterton, accußed said everybody would say. he burnt the stacks down. Twice accused made theso remarks. The bush might be six or seven hundred yards away from where the stacks stood. The wind seemed to be blowing the fire right on to the other stacks. When they reached Masterton thoy went to seeMrCaselberg. Also saw Mr Joseph Lyons. Those wero the only two • he had conversation with re the fire. , The insurance agent also questioned him. :

To His Worship; Did not assist to build the stacks. The witness was cross examined at some length by Mr Pdivnall. Accused asked for a match.prior to reachiugthe stacks, Witness' pipe was in bis hand when he jumped out of the cart. He carried it on account of having a hole in his pocket. The bowl of the pipe was cool, which made him think there' was no fire in it. Accused worked with him to try and belt the fire out. The heat was too great and got the mastery of them. Witness was very much Beared over the fire, .Accused said they would have to go to Mastertoa and tell the truth about the affair. The Court then adjourned till 2, (left.bitthw).