S. M. COURT.

Wairarapa Daily Times, Volume XVI, Issue 5023, 11 May 1895, Page 3

S. M. COURT.

{ MASTERTON-SATURDAY. (Before Mr T. Hutchison, S.M.) I'OMCE V. MCKEXSIE, I i Mr Pownall asked the Court for ; a re-hearing in this case, as ho had facts to show that the accused had been put up as a scape-goat to screen the boy Thompson, who was the real offender,aud lie would enter , formal plea of not guilty ,on behalf his client. Sergeant McArdle, for the prosecution, called Robert Thompson, who after being sworn, stated that be \ was sixteen years of age, and in April last was in the employ of Mr Chamberlain. Remembered on Monday tho 22h(1 of last mouth, seeing the accused with a barrow, which ho was taking to the Maori pah to got some straw. Witness spoke to McKenzie, who said he wns going to set fire to Mr Chamberlain's gorsc fence, because Mr Chamberlain had given him" the run " and put witness on in his place. This was about two o'clock in the afternoon. Miss Grantham was with witness at the time and beard what was said. The girl did not go up tho : road with the accused as be wished, but stayed with witness. Accused left with bis barrow, and about two minutes after noticed that the accused had set lire to the fence, and saw him afterwards run with bis harrow towards the pah. Witness /Aid the girl stood watching the (ire Yor about an hour. Did not inform ' the peoplo who owned the fence, that the fence was burning, as he (witness) was afraid of the accused givingbima " punishing " for telling, The fence was along the river bank. Tho fire was still burning when witness loft to bring home the cows for milking. Did not tell anyone i that be (witness) set tiro to the fonce, i but told several persons who asked .-* him, that tho accused (McKenzie) set fire to it. Accused had a conversation with witness,when accused said, " Don't say anything about me, and I will not tell anything about you." Had neyei lit a match tc set fire to the fence. By Mr Pownall: Saw tho accused between half-past four and five on the day of the fire,at the stock-yard, where witness was working, and left tho barrow out on the road, Saw accused set fire to the fence in two places, At three o'clock tho J fire had consumed about twenty chains length of fencing. Both witness and the accused were iteturning to their homes, when IjKiccused said, " Let us both go up and set fire to the fence again," witness replying, "Oh, don't doit s Ted, or I will get the blame for |it and tho Back too," Accused took no notice pf tin's .appeal, but set the

fence alight again, when both o them ran away homo. This was about C o'clock. The first tiro was still burning when tho other one was lit, Witness returned to his employer's '.' home, when Mrs Chamberlain said, " What business had you to set tho ! fence on firo." Witness replied that ho did not light it,.whereupon Mrs Chamberlain said, " I heard your " voice." Could have called the men s off the farm when tho first fire = was lit, but did not care to do so. On ' tho evening of the fire, witness gavo 1 accused a cap and a shirt. Did this j' for no reason in particular, but becanso he had plenty of clothes and J would not miss thorn. After accused ' lit tho second lire, witness said, ' " Come, let us run, or I will bo called 2 back." Witness could no do this, as l ' he had a heavy load of straw on the ' barrow. Had been talking several minutes with the girl previous to the accused coming up to them. Wits ' on friendly terms with the girl, but 3 accused was a stranger .to her. The > following day, witness went to '" accused's homo, to sco what ho had ' to say about tho lire. Did not know ' why he went, only having heard '■ -that Constable May was going to sec J the accused that day, wished to ! know whether accused had blamed : him for lighting the lire. Had previously told tho Constablo that 1 accused sot the fence on fire. Called the accused from his home, and said, " What do you think of it, ' we'll drop into it now, both of ns." 1 Accused said he didn't care, whereupon witness said he (lid not care either. Romembered saying to accused, " I'll get about seven day's for it, I suppose, but when 1 come out it will be all-right, aslcangetanotherplacc," Accused's sister was present when this was spoken. By these words witness moaut both himself and the accused would get into trouble. Would not swear that he did not ask the accused what he had said to the constable, or the constable to him. In reply to witness, accused told him what had been said to the constable. In answer to His Worship, witness said he was afraid he would be sent to gaol for being present with the accused when the lire was lighted, and that was tho reason he mentioned about getting seven days. At first, he did not think Ihc lire would do much harm, but after he became aware that it would, if was too late to call assistance to put it out. By Sergeant McArdlc: Told Mrs Chamberlain, when asked, that he did not light the fire, but that McKenzie had lit it. Mrs Chamberlain must have heard him calling out to some uf Mr Kerriu's men after he and accused ran away from the burning fence. In answer to the Court witness said he did not tell (he accused to plead gailty.aud he would not blame him for the tire. Mary Grantham, aged 19, stated that she was residing at present on the Uppei Plain, and remembered being neat Mr Chamberlain's house on the day iu question, when she saw both the previous witness and accused, and was speaking to both of (hem. The boy Thompson was digging potatoes, when he came over to witness, remaining some fifteen minutes, when they were joined by the accused who was wheeling a barrow, and after staying a. few minutes talking, asked witness to " come up the road with him, as they would have some rare fun." [left sitting.]