SUPREME COURT.

Auckland Star, Volume XIX, Issue 138, 12 June 1888, Page 8

SUPREME COURT.

{Yesterday OouclKded.)

(Before His Honor Mr Justice Gillies.) Akson. — Henry Smibh and John Keily, charged with setting fire to a haystack belonging to Mr Fulton, of Kaukapakapa, •were before the Court when we went to press yesterday. The witness Taylor was under cross - examination for over two hours. — Constable George Foreman deposed to the arrest of prisonei-3, who denied having set fire to the haystack.— Mr Cotter, in opening the case for the defence, argued the whole of the case for the Crown rested upon the credence the jury could give to the evidence of the witness Taylor, helped or contradicted by surrounding circumstances. He proposed to call one witness (McKinlay) for the defence.— Thomas White McKinlay deposed that he was at Kaukapakapa on Saturday night, March 24th. When on his way to a dance at Phillips's he met Mr Taylor near tbe tram line. Taylor said he was waiting for Smith, and that they were going to have a bib of fun that night. During the evening Taylor was very free with Smith, shouting for him and giving him whisky, aud Smith's sister remonstrated with Taylor for doing so. Taylor lived in the same whare as witness, and whon he (Taylor) came home on the Sunday morning he seemed very much frightened. Whon witness got up some one told him .that Fulton's haystack was burf-t, and .thab Taylor, Kelly, and Smith were in it. He esked Taylor who set fire to it, and Taylor replied, " One of us." Taylor said the stack was worth £10, but ho would rather have given £20 than have had anything to do with ib. Taylor wanted to go away, and Kelly told him if he did so suspicion would be sure to fall on him. Tavlor also aaid that Kelly

was a young fool for telling people about fche fire and getting him (Taylor) into it.— Counsel then addressed the Court, and His Honor summed up.—The jury after a bnei deliberation returned a verdict of 'Not guilty," and the prisoners were discharged. Teue Bills.—The Grand Jury returned true bills in the remaining cases of the calendar, and finished their labours at 5 p.m. They were then thanked by His Honor for their attendance, and discharged.