TODAY'S PROCEEDINGS.

Auckland Star, Volume XXII, Issue 214, 9 September 1891, Page 8

TODAY'S PROCEEDINGS.

Arson.— William Middleton was indicted, charged that on the 7ch of August last ho feloniously sec. fire to certain tow and dried flax lying , againsb tho flax mill of Wm. C. Mirlin, situated in the Lower Piabo district. There was also a second count against the prisoner charging him with setting lire to tho tow and flax with intent to destroy tho building. Prisoner pleaded nofc guilty, and was undefended by counsel.—G. E. Wyatfc, managfcr o£ the flax-mill, was tho first witness. He deposed that on the 15th July last accused came to the mill looking for work. Witness gave him employment, but after accused worked a day and a-hali he discharged him for nob doing sufficient work, and smoking about the premises. Afterwards accused went to work a week for another man in the district, but he slept at the flax-miil. Subsequently, witness ordered the accused away from the premises, and eventually he did leave, but showed no resentment. About the 7ch August accused carao to witness again for work, and witness told him he did nob want him about the place. This was at 11 oclcck in the morning. Witness afterwards went into the blacksmith's shop, and while there saw the accused between the shop and the heap of tow. which was about) 12ft or J.6tt wide. Accused was standing within 6ft of the heap, and had a tin match box in his leto hand. While the accused was standing by the tow witness went into the stripping shed, and a minute afterwards he heard somebody calling at the door. He ran out, and saw the heap of tow on fire, and blazing. Witness saw the accused abouttwo chains away when he first ran out. Accused was not running, bub walking pretty fast. Witness did not see anyone else about the neighbourhood of themill when he went into the shed; the other tnen were in the scutching shed. There was no lire in the blacksmith's shop and there had been none that day. Witness stated there was no fire or chimney to the windward of the tow on that day. The witnesßwascros3-examined by prisoner. Wm. G. Miriin,owner of the flax mill, gave evidence, and deposed to seeing the accused near the tow on the day in question. Accused had a match box in his leifc hand, and something in his right. Witness was within eight or ten feeb of accused at this time. Witness asked accused what he was doing there, and afterwards went to his manager and asked him to keep an eye on the accused. Afterwards witness wenb to the provision store, and when he came out saw the accused running. Witness spoke to him but he would not stop, and ran all the faster. Witness then turned round and saw the tow in flames. Pie immediately went to the seat of the fire and Mr Wyatb and his men were engaged putting it oufc. Afterwards witness rode after the accused and overtook him ab che Iviaori settlement;. The witness was examined at length by prisoner.—Samuel Wood and Constable Wilde gave evidence.—Accused then read a written address to the jury, commenting on the evidence.— ilia Honor summed up j the ease to the jury and sail they must be satisfied that bheactwasdoneby theaecused, and thai: it was wilfully done.—The jury jury retired at 25 minutes past twelve, and at 2 o'clock returned to Court. Tho foreman stated some of the jury were nob clear whether the witness Samuel Wood was smoking near the flax. Woods was re-called, and stated he was, but the flax was ou lire at the time. It was witness who gave the alarm.—The jury again retired. Larckny of a Cheque.—After the luncheon adjournment George Waters was i brought up for sentence. —Mr O'Meagher, on behalf of the prisoner, quoted authorities in mitigation of eentence. — Hia Honor said he had no doubt prisoner or some of his associates stole the cheque between them, and sentenced him 'to 18 months 5 imprieoncnenb with hard labour. (Left sitting,)