BURNING A FENCE.

Wairarapa Daily Times, Volume XVI, Issue 5024, 13 May 1895, Page 3

BURNING A FENCE.

MoKENZIE MED FORTY SHILLINGS.

Tho further hoaring of tho case m which the boy Edward McKenzie was charged with burning a fonco, I tho property of Mr E, E. Chamberlain, of Upper Plain, was continued after tho wont to press on Saturday aa follows : Mary Grantham said slio declined to go with McKenzie, who then wheeled his barrow further along the road, aud witness saw him leave tho road, and throw a match into some gorse which was growing near the fence. This gorse joined that which grew along the fence. Was near enough to seo this, and tho subsequent effect of it, us tho gorse immediately took fire, and was blazing all the while witness and the boy Thompson remained talking Mr Clarke coming over to Ithe fire, which had a good hold on the fence by this time. The accused jm away after the gorse was in a iftzo, leaving his barrow behind, While witness was present, neither i or the boys said anything about lighting the fence. By Mr Pownall: Had never beard McKenzie (the accused) say that the first time ho went up the road, he would set the gorse on lire, as the owner of it had given liim the "sack." Heard everything that was said by the boys on that occasion, , but did not hear those words used, Only saw accused throw one match into the gorse. Constable May said that, in consequence of a complaint made by Mr Chamberlain that someone had fired his fence, he made enquiries and went to see accused at Iris father's house. Accused said he did not set lire to the fence, as he was not there, and did not know of Jflfire till he was told by Thomas "in. Ho considered the value of the damage was more than stated. For the defence, Mr Pownall said he would call evidencee which, when i His Worship had heard it, would leave such doubt in his mind, that he would dismiss the charge against the boy McKenzie. Edward McKenzie said lie went, on this day, for a load of straw for his mother. He found the boy Thompson and the girl Grantham talking on the road near Chamberlain's, He did not set lire to tho fence, as stated. Did not smoke and did not carry matches. He had no conversation with Thompson or the girl. When he came back with the straw, he met Thompson at tho gate, Thompson said lie had a cap aud shirt he would give to witness, and he waited on the road till Thompson fetched them. Did not see any of the furze on lire when ho passed. He saw it after lie not home. He did not go into n whare on Mr Chamberlain's property. Did not know whose hedge was burnt went down there next morning. Tom Edlin said he thought it must be Chamberlain's, He did not go into the whare with Thompson, or say to him, "Come and light the gorse again" He Bttw Thompson on the following day, after he had seen Constable May. Witness' sister was present during the conversation with Thompson. Thompson asked what May had said, and added " Never mind we will only get seven or eight days for it and we have got another job to go to when we come out." Thompson also said he had set Stuckey's hush alight audit went all through McLachlan's. He was going to the paddock with his straw when he saw the fire light up. In reply to His Worship witness said there was an hour between the time of going and coming for the Btraw. "> Jiy Sergeant McArdle: Did not cwy a note for Thompson for which he was to get the cap aud jacket. Denied that the Sergeant had ever seen him smoking cigarettes. Thompson and the girl Grantham were telling untruths when they said he set fire to the fence. •. Mary McKenzie, sister of the accused, said she saw a fire there on the evening of 22nd April, about a quarter to six. She was then talking to Mrs Clark, aud when she got home her brother was at home putting the barrow in the shed, after having bedded down the cow i and pig. Her brother did not go out again that day. Edlin came to their place in the evening. She was present when the boy Thompson came next day to see accused. Thompson said," we will get in for it," and her brother asked what he would get in for. Thompson said for leaving the barrow on the road. Thompson said" He did not care, he wTOti. only get seven or eight days, and he had another job to go to." She had never known her brother to smoke or carry matches. By Sergeant McArdle i Her ,1 brother did go to Mrs Clarke's. Mr Edlin came to witness' home to get some articles, about half-past six in the evening. He mentioned seeing tho fire, and that was all. Mr Edlin did not meet her brother down the road, Thought that she heard all that passed between Thompson and her brother when they were talking about the fire. Was in the habit of searching her brother's pockets once a week, when his clothes were washed, Had nover found any cigarettes in them, This concluded the case. His Worship here called Mr * Cliamberlain, who stated that his only reason for dismissing the accused from his employ was Jon account of his being unsuitable for the work he required done. It was not on account of his moral character. TOJhess came home on the day in juration about half-past five, He did notnotice thefence burning then, but • ' subsequently he noticed it. Noticed a barrow opposite his gate, near ■where the fence had been burnt, This was before he |noticed the barrow of straw. No one was on, or near the road at the time. One of his men had told him that an attempt had been made to burn the fence down at 2 o'clock the same i afternoon. The boy Thompson came to him that, evening and said " 1 suppose you think I set your feuce on fire, but I didn't, it was McKonzie." Witness told the boy that one was as had as tho other, and someono must have fired tho fence. His Worship in summing up the case,' said onething was very evident and that was, one or the other of the boys, judging by their evidence, had been telling deliberate falsehoods, and rendering himself liable, to imprisonmentforporjuryandthiswas a sad fact, as both of the lads were ; sixteen years of ago and old enough to understaud what they were about. sjjo falsehoods had been told to (Rape what at first would have been j&eated as a trivial offence, but which now, on the fresh evidence adduced, bad developed into a case where it had been shown that tho action of, setting Has fence on fire had been a deliberate one, and ho was sorry to say that tho evidence led him to,

believo that tbo lad bcforo him (McKenzie) was tho perpetrator of the deed, It was a caso in which a fine had to bo inflicted, and seeing that Mr Chamberlain did not press heavily in the matter, and that tho accused was a young lad, ho would be fined a minimum penalty, under the Act, of 405,, or in default sevon days' imprisonment. Kcnsonablo time was granted, for the fathor of the accused to pay tho fine on behalf of tho boy, as the parents were reported to bo in poor circumstances. i