SUPREME COURT.

Auckland Star, Volume XVIII, Issue 151, 29 June 1887, Page 8

SUPREME COURT.

.:—__*_ ,%, CRIMINAL SESSIONS. " Yesterday (Concluded). * (Before His Honor Mr Justice Ward). Charge ov Arson Against Mrs McPhee. —After our issue of yesterday went to press the following ovidenco was led : —Annie Woolner, who was in the house at the time of the tiro, deposed, to going with the prisoner to the house at ten o'clock on the night of the fife, Went to bed in the front room upstairs, with Mrs Mol J eee and her littlo girl. Passed through tho front room coming into tho house. Hid not remombcr Mrs McPhee joining her in bod. Witness was awakened by smoke; 6ho then saw Mrs McPhee, come into tho room. Asked her whore the smoke was coming from, when she replied that she thought it was coming in at the window. Tho candle was still burning on thedressing-tab.e. Acandlo wa3 generally kept burning all tho night. Witness then went as far as the stairs, and Mrs McPhee went down below with her. They neither of them took a light with them. There was a firo burning in the front room. At witnoss's request Mrs McPhee then put out tho firo with a rag doll (produced), and then threw somo water on the place, saying sho would not have had tha. happen for a fortune. Sho also said, " It must havo been a match I throw dqwn when I came in." Mrs MePhoo wont down again afterwards and said, " Tho fire's all out." Witness then went to bed again. The prisoner did not say she would wait up and see that everything went on right. Heard her go into the front room, and soon after sho heard the noise of Hames. Witness then dressed and went out of the back window. The prisoner joined her with two little bags. Thero wa_ no fire in tho bedroom when sho left. Mrs McPhee told witness not to say anything aboub it. This was tho case for the jury, and counsel then addressed them at length.— His Honor, in summing up, said if circumstantial evidence was not allowed in arson cases it would be impossible to convict in almost any case. In the whole of his experience he had nover known a case of committal given upon other than circumstantial evidence. The evidence was then ourefully run over, His Honer pointing out that had the fire beon started in tho back room, as tho learned counsel for the prisoner had suggested, those in tho house would havo beon burnt alivo. Tho evidence of Miss Woolner and that of Hetective Walker was particularly dealt with. All through His Honor was strongly against the prisoner, and wound up with an impressive appeal to the jury to find a verdict according to their convictions, without fear or favour, as they would hereafter hope to bo judged. - The jury after an hour and ahalf's withdrawal returned to Court with a verdict of " Guilty " upon tho third count, namely, of setting fire to tho furniture. — His Honor expressed his concurrence with the view the jury had taken of tho matter, and reserved sontonce until 2 o'clock today, when prisonor was sentenced to three years' penal servitude.