RESIDENT MAGISTRATES COURT.

Waikato Times, Volume XIII, Issue 1081, 29 May 1879, Page 2

RESIDENT MAGISTRATES COURT.

Ngaiiuawahia, May 26. (Before H. W. Northcroft, Esq., R.M.) ARSON. Crown v. J. Thompson and Henry Dunn. — Prisoners were indicted for unlawfully burning a house, the property of William Barton, of Kavikaraki, Waipa, William Barton, sworn, said : I am a "Wesleyan Minister at Karikaraki. I was m Ngaruawahia on the 12th April last. I returned home at 5 o'clock m the evening. I wont up to the house and took my saddle there. I did not strike matches or light a fire m the house. There was a, lot of properly m, tU©;

house which whs miue. I value the property at. £150, and the house at .£2OO when builfc. I know the prisoner Thomson. I do npt know that; any money was owing to. Thomson by my son. There was a dispute about a cow but I consider that was sefciled by allowing them to get tangus on the land. There was no ill-feeling between myself and the prisoner. The house was burnt* on Sunday morning early. Cross-examined by Mr O'Neil : I know Mr LeSuer. I saw him when I was leaving home on Saturday, the 12th, of April, I saw him after, on Saturday nightjafter leaving N>aruawahia, at Abraham's place,°about 10* o'clock. Abraham's house is near the house of M-jbr Wilson. I saw LeSuer go across the road, towards his own house, about 10, o'clock. I know MoDonald, a man,, and. Brunori, 1 a M.iori. They' were at my house ou Saturday night. They slept there that night. The native police was the first to give. the alarm of fire. The house was then burut down. Thompson's house is about one mile away, on the other side of the river. I have not the least idea who burnt the house. I have no reason to suspect anybody. The house was locked that night. 1 did see LeSuer, lam quite' sure, at Abraham Barton's house, on Saturday night. By the Conrt : I, left LeSuer behind me at Ngaruawahia. I understood he was goiug m a canoe. John LeSuer, sworn, said : I am a carpenter and sawyer, residing at Karakiriki. On the 12th of April I had occasion to come to Ngaruawahia. I left word I should not be home till late. I left Ngaruawahia at 6 p.m. for Karakiriki m company with some natives m a canoe. We called m at the Bluenose. Some of the natives left there, and I proceeded up as far as Ishmael's settlement, bub there was no one there. I then proceeded as far as Major Wilson's, and stopped there with the natives who were with me. I left about 12 o'clockand proceeded to the Maungatawhirt(?) Creek. I went up to Abraham Barton's to ask him for the loan of his canoe. I took it and proceeded to my own dwelling. After going to bed I got up again and went out of my dwelling, and proceeded to the settlement. I noticed a canoe at the opposite bank of the river.. I could see two persons m it. I proceeded down to Te Rakura, about 200 yards down the rivei', where I stood opposite the school - house. I took Mr, Barton's canoe and crossed, and proceeded up a3 far as the house that was burnt, that I was repairing. I waited some time, and saw two men come out of the door of the house, and- run down to the canoe. I knew them to be Heury Dunn and John Thompson. They crossed the river. I then' looked at the dwelling, and saw a flickering light through the doors and wiadows. They are French doors. 1 went down' to Te jtfakura, and crossed. When I got to the school, T saw a great light, as though the house was burning. I then proceeded home. I went to bed, and gob up about '7 a.m. I waited till T heard Thompson moving, about 7 u'clock. When Thompson arose, T went into bis dwelling. I noticed his boots were very muddy. His bed had bhe ap pearance of nob having been laid on long. Henry Dunn came m, and they went outside* conversing together. On the 14th 1 went to get Mr Abraham Barton to show him the footprints where the prisoners ran down. We measured the footprints and took shape on paper. '(Pattern of bootprints produced). I wrote a letter to Abraham Barton to send to Detective Jeffrey. (letter not read.) Detective Doolan then came and I cave him the particulars of the case The house was on fire when I crossed the river. I was repairing the house. I was m the boiise on, the 10th- I had my tools m the house; they were consumed- I value the tools at abouf £2. The house was spcurelv locked. I could get admission either m the front or back door. I noticed the footmarks to the honse. i I did not notice othor footmarks coming towards the house ; I forgot to look. The ground was rather ' soft near the river. The stride was between seven and eight feet, leaving' a very good impression, so that I could take the measure. Cross examined by Mr O'Neill : I got home on Sunday about half past twelve. I crossed the river m a boat. I took the canoe. I saw no person about. It is about two miles from there to my place. There are two houses on the ground with hay houses,&c,There are three houses inhabited. I live by nay self. Dunn sleeps m the hut. There is another man stops there m another house. Mrs Thompson and daughter, and her son live m the other house, The gate is securely bolted, and the dogs on chain The dogs are not usually tied up, they tie one up and the other is loose. I was supicions when I went to Ngaruawahia, that the prisoner would burn the house down. 1 did not mention it to any body. I heard Thompson say he would make it hot for Barton, That was some time previous to my going to Ngaruawahia. Thompson's sister was there and heard him say it. That was my reason for suspecting them. To deceive Thompson I told him I should not be home till late. I was looking oub occasionally to see if thero was - anybody about. I thought I heard some one m the hay house. Iwentdown to the settlement about three o'clock. I was standing new the sokoolhousQ about 150 yards

away. The men m the cauoe were about 100 yards from me. There was no shadow on the river. It was a sloping bank. I distinctly saw the prisoners. I knew the two prisoners by the voices. I wont down to Te Rakerou and planted myself m the potato pit about lOOyds from the track. I did not soe them go to the house. • I did not see them leave tho canoe. I saw some men run out of the house and run to the canoe. I swear to the prisoners as the men I saw. I left my house, because 1 thought someone had gone from the hay house, and what I heard Thompson say about making it hob for Barton. I went down to watch the house, and to see if any of the Thompsons were about. John Thompson was not ou very good terms with the Rev. Mr Barton. They had a quarrel about the working of some bullocks which Thompson did not feel inclined to pay. Ij» did not go to the house and exumin^ it, when' I saw the light through the doors and windows. I thought the house was on fire, when I gob oat of the potato pit. 'Twas none of my business to put it out. That's why I did not put it out. It was none of my business to see after my tools. I did not care to go near the house, lest my .foot prints might be seen there. I then crossed the river, and went to bed. It was about 4 o'clock a.m. I gave nd alarm to anyone. I did not call Mr Bartou. I met ho one on my way home. I did not see the prisoners. I did not, hear thorn return. I will swear the footprints I measured were the footprints of the prisoners, made by them about three o'clock on the morning of the 13th. I know John Brown. He put me m the lock-up at Cambridge. I may have said it was a good job Brown had gone to England, or I would have given him a good singeing. I bear Mrs Thompson and family no ill-will. On one occasion, I wished to marry Miss ' Thompson. Mrs Thompson refused her daughter to s marry me. I remember prisoner. I have threatened Mrs and Miss Thompson. I said to Mrs Thompson if you don't; mind you will see something m the papers that Vt ill bring you back quickly. Abraham Barton, s??orn, said : I am a farmer at Karakiriki. I remember the morning of the 13th April. My deceased brother's house was burnt. My father was living there at the time. In the morning at sunrise my wife went out of my house and she called out the house is on fire. I saw it burning. There was no ill-feeling between us and the Thompson's. The reason I did not report to the police was because I did noc see anybody do it. Cross-examined by Mr O'Neill : Thompson said he wished LeSuer would clear one. 'LoSuer wrote the letter to Jeffrey for me. I believe Thompson and LeSuer are bad friends. At about half-past six I saw the house on fire. I think it was set on fire about 4..30. Detective Doolan, sworn, said : From information r ceived I arrested the prisoners on a warranf,. I made jnqairies ou two occasions, and thought it necessary to make the arrest. Tne Court saiil : There is no evidence ou which t> commit-, and bo-h' Thompson and Dunn would be at once disch/iro^d. He thought Detective Doolan should not have ■ r« j sted the accused upon the evidence received from L.c Suer. Le.Suer was then given m charge to the Police, charged with gross and corrupt perjury. The perjury case will be heard m Hamilton. [The remainder of the Court proceedings m our next.]