CHRISTCHURCH.

Press, Volume XXX, Issue 4100, 17 September 1878, Page 3

CHRISTCHURCH.

Monday, Sbptembbb 16. [Before G. L. Mellish, -Esq., B.M.] Deuke !and Disoedbbly. — William Ogier was fined 20s; Thomas Palmer, 10s; a first offender was fined ss.

Bbkach of Cattib Tbbspass Oedikancb. —W. A. Merriman was summoned for allowing a mare and foal to wander at large in Sydenham and fined ss. Cbbathjg a DiSTtTRBAKCB. —Stephen Eadder, Arthur Hudson, and Edward Blackett were charged with creating a disturbance by fighting in* the streets on the 27th August. From the evidence of witnesses, it appeared that two of the parties charged, Hudson and Blackett, were fighting in front of the Garrick Hotel, Colombo street, and the third one, Radder, trying to part them, got mixed up in the row. His Worship characterised the affair as a drunken spree, and fined Hudson and Radder 20a each, and Blackett 10s.

Bbbach or Cur Bt-iaws. — John Ghimersal was charged with leaving Mβ licensed cab unattended. Being his first offence he was discharged. John Savage, summoned for leaving his licensed cab in the street unattended, was fined 10s. John Spencer and John Brown, for the .same offence, on the 7th instant, were fined 10s. each.

Chi.hnet on Fjbe.—Wm. Gosnell was summoned for allowing the chimney of his house in Montreal street to catch fire on September 7th. A fine of 10s was inflicted. A similar fine was imposed on Alfred Bright for the same offence. William Hall for leaving his horse and cart unattended on the 7th inst. was fined 10s. Edward Caniph?ll and Michael Trawler for allowing cattle to wander at large w*re fined os each. Breach of Railway Br-LAW.—D. McKellar for entering, and Bobert Courtenay for tearing railway carriages while in motion, were each fined Ids. Mary Welstead and Frank Welstead for travelling without a ticket were each fined 10b. Frank Weletead was farther charged with neglecting to support his five children in the Industrial School. The accused, who said he had been in prison for twelve months, and that during the time his wife had sold his property, and had kept the money amounting to £95, pleaded for time, and he would support his children. The accused was ordered to pay 10a per week towards the support of his children. Abcsivk Lakgcagk—William Ballantyne was charged -with having used threatening language on the sth inst. to John Brown. Mr = lzard appeared for the compbunant. The complainant, who lives in St. Asaph street, stated that he was at one time on fcriendly terms with the accused, but in Gonsequence < of hb now keeping a disorderly house he had , dropped his acquaintance. The accused had used the threatening language because he (complainant) had refused to speak to him. For these reason* he wished the accused to be bound over to keep the peace. The Court imposed a fine of 20e and costs. Assacxt. —James O'Brien was charged with having, on the 12th inst., abused acd assaulted hie wife, Anne O'Brien. These facts were proved by the prosecutrix, who further stated that her husband was constantly abusing and maltreating her. Hie Worship suggested that the parties should mutually agree upon separation, and in the meantime the defendant would be bound over in the earn of £10 to keep the peace towards his wife for sijt months. In default one month's imprisonment. As3O>\ —James Smith was charged on remand with wilfully setting fire tcrtwo cottages, in Worcester street, the property of Dr. Symes. Sir Inspector Hiekson conducted tfieprosecution. Mrlz*rd appearedforaccused. AH the witnesses were ordered out of Court. Sergeant A. Wilitni deposed—l am a police sergeant, stationed at Christchurch. Qα Saturday mornicg, the f tb, about half-past 12, I wag in Cambridge terrace, com jng toward* the depot. I toi on the river fide of [ the footpath, and when opposite two cottages, ' near Mi-Piiereon'e yard, ilus property of l)r.

Symes, I saw fire starting, apparently at the end of the boundary fence between Dr. Bymi>s' cottages, and McPherson's property. I went over the fence into Dr. Symes , garden, and then up by the doctor's garden to hie house to where I saw the fire getting stronger. I was shouting " Fire " all the time. The fire was in the angle formed by the fence at the corner of the lean-to and the cottage occupied by Mrs Robson. The lean-to, a portion of the fence and the cottage were on fire. I heard some bottles bursting with the heat: they were in the fire. I eaw some rubbish, pieces of wood, bottles, &c, on the ground, which I afterwards collected. I tried to beat the fire out with the cane I had in my hand. The prisoner was the first person who came to my assistance. He came from the direction of Dr Symes' stables, about a minute or two after I was on the spot. He was dressed with the exception of his coat and vest. I called to the prisoner to bring some water as fast as he could. He got a bucket of water, and I took it from him while he went fora eeoond bucket. I poured all the water on the fire myself. After a couple of buckets of water were thrown on the fire we got it under. There was no one else present but the prisoner and myself when the fire was almost out, and the prisoner said more than once, " I did not do it. I know nothing at all about it." I eaid I did not charge him with anything. After the prisoner got the first bucket of water, he knocked at the corner of Dr. Symes , house. THe next person that came up was Mr Ibbott. I drew Mr Ibbott's attention, in the presence of the prisoner, to the dtbris of the fire, and I commenced collecting the stuff where the fire originated. There was a strong emell of kerosene, and I drew the prisoner's and Mr Ibbott's attention to it. As I picked up the stuff, I handed it to the latter. The prisoner said he could smell no kerosene. I then pioked up the bottom of a bottle, and held it close to the prisoner, and he then said that it smelt of kerosene. I also handed that to Mr Ibbott to hold. The prisoner said to Mr Ibbott, "Throw that stuff down into the corner." Mr Ibbott said, "No, it will be required again." I also told Mr Ibbott not to throw it down, as I wanted it. We removed all the debris we had collected, and by this time the occupiers of the cottage were trying to get out. I broke open the door of communication between the lean-to and the cottage occupied by Mrs Robson, having previously got into the leanto. The door leading into Mrs Kobson's kitchen was locked and bolted, and I broke open the lower panel. Mr Ibbott, who occupies the adjoining cottage to Mrs Robson's, came out through the broken panel and went into Mrs Robson's kitchen. I saw no signs of fire in any of the rooms in the cottage. The fire had burned its way into the cottage from the outside. The corner of Mrs Babson'g cottage, where it is attached to the lean-to, was burned on the outside. After I had burst in the lower panels the prisoner assisted me to open the door. At no time did the prisoner touch any of the debr'g in my presence. As I was leaving the place Mr W. H". Smith, the publisher of the " Press " newspaper came up to call on the doctor. I drew his attention to the debris and to where the fire had originated. Prisoner still, without being asked, said that he had nothing to do with it. Mr Smith in the presence of the prisoner said there was a strong smell of kerosene. Mr Smith spoke to the prisoner for his abusive language to me all the time, and cautioned him that he should be more careful what he was saying. I then went over to the depot and called Detective Walker, and he came back with me to the place. We had a lighted candle and examined the prisoner. In font of the prisoner's bedroom window we noticed where some kerosene had been recently spilt, and there were the remains of eome straw and paper about where the kerosene was spilt. Detective Walker went over and rapped at the prisoner's window. For some time there was no answer until the detective called him by name, and then the prisoner answered, and got up and opened the door. He then had only his trousers and ehirt on. Detective Walker examined the prisoner's hands, and remarked that they smelt strongly of kerosene. The prisoner denied it, and said he did not use it, but that he had been handling the stuff from the fire. I said he had not, that he had never touched it. Prisoner insisted that he did. His hands were not black or smeared over like mine were. Detective Walker then charged him with setting fire to the house, and he began to cry, and still said that he had nothing to do with it, and that we would be sorry for what we had done. We searched the prisoner's room, but found nothing. The prisoner said we should find no kerosene in his room, as he did not use it. Detective Walker then arrested him and took him to the depot. Coming out of the footpath in front of Dr. Symes' house, there was a light in the window of one of the rooms. I went up to the doctor's door and rapped. The door was opened by Mr James Wilkin. I asked if the doctor had come, and whether he used kerosene. He replied the doctor did not use it, as the gas was laid on in the house. Detective Walker and the prisoner were at that time about twenty feet distant, and the latter said he used kerosene for cleaning the doctor's bits. I examined the harness loom, and saw a portion of the doctor's harness ftiere. There was more than one bit. They were oiled with some sweet oil. There were also some oiled rags, and a bottle containing, a little oil. I took possession of one bit, and some of the rags. None of the latter smelt of kerosene. They are the same now produced in court. Dr. Symes deposed—l live in Worcester street. The prisoner was in my employ since the 2nd August last, in the oapacity of groom and general servant. I told him he would havo to be in of a night by nine o'clock, and if he wished to stay out later he would have to ask leave. On the night of Friday, the 6th inst. I left home about seren o'clook. T gos into a Ferry road 'bus at the bridge. I did not tell the prisoner where I was going. I returned home in a few minutes in consequence of something I had heard between two and three o'clock a.m. I think I saw the prisoner just as I wee leaving. I have not burned kerosene in my house since the middle of laet June. What karosone I then had I looked in the cellar. I always keep the key of it myself. The prisoner has not had access to the key since he has been in my service. 3Sb kerosene, since I ceased to burn it, has to my knowledge been used for any purpose in my house. I supplied the prisoner with seats foot oil and castor oil for cleaning the harness. The middle of the next day after the fir-', I went to the harness room, and in the afternoon to the scese of the fire. I noticed a strong smell of kerosene where the fire had been. When I went to the harness room I saw no kerosene, and on examining one of the bits, could not detect the smell of kerosene upon it. The bit was oiled, but it wa» not with kerosene. The plan produced is correct, and the roomoceppfed by the prisoner, is accurately shown. I noticed in the prisoner'* room a large accumulation of brown paper, which I could not account for. I noticed a dark stiin on the channelling, with a strong smell of kerosene in front of the prisoner'* room on the outside. I don't recollect seeing it there the day previously. I use the lean-to at the rear of Mrs Robson's cottage as a store-roo-n. The prisoner did not ask my permission to be out on the night of the 6th, nor did I know that he wished to be out. I was preeent when the bits of rag were taken possession of by Detective Walker.

The Court adjourned until 2.15. On resuming, the first witness called was Bttectivo Walker, who deposed as follow*: — I made the plan prodnced, it je correct according to scale. About twenty minutes past two o'clock on the morning of Saturday, the 7th inst., I was called by Sergeant Wilson. He made me a report, and showed me some charcoal, glass, and other rubbish, the same now produced. I remarked that it smelt s'rong of kerosene. I went with Sergeant Wilson to Dr. Sjmes' premises in Worcester street, and he pointed out to me where there had been a fire at the corner of Mrs Eobson's cottage, as shown on the plan. The pilings of the end of the lean to against the back of his cotiage were burnt and charred to a height of eeren feet from the ground, and a strip of about a foot wide. The corner past of the dwelling house was also a good deal charred. I went with the Sergeant to the prisoner's bedroom and knocked at his door, but got no answer. I then held a lighted candle to hie window, and saw he was in bed. I called him by name, "and he got up and opened the door.' Ha bad oh his start, trousers, and socks. X examined his hands and smelt kerosene on tbem, end told him so. Sergeant Wilson also did the same. The prisoner said he was handling the stuff at the fire. Bergeant Wilson said-"You were not, I did not let you touch it." While we were searching his bedYooin he said—" You'll find no kerosene here." Sergeant Wilson or I said we were looking for kerosene. I went ouUide his door and dUwvered a strong smell of

keroeene in a shallow guttw opposite hie window, about nine feet from his door. There was a good deal of keroeene on the stones of the gutter, and outtide of it. There was some rubbish, straw, and paper in the gutter, all very much saturated with kerosene. I then vent and arrested the prisoner, and charged him with setting fire to the buildirg. He said—"You had better be careful what you are about. I have had nothing to do with it. I'll make you pay for this. You can do as you like, I'll »ay no more about it." When I examined his hands they appeared to have been recently washed. I smelt keroeene in the corner where the fire had been. About three o'clock the same day I went and examined the prisoner's room, and found the small champagne bottle produced between a cornbin and the wall. There was a very Email quantity of kerosene in it—jnet a drain—and it is in the same condition now, with the exception of the cork. On coming away with the prisoner, Sergeant Wilson saw a light in Dr. Byrnes', and knocked at the door, while I remained with the prisoner. Mr James Wilkin opened the door. Sergeant Wileon said "Is the doctor at home ? " Mr Wilkin said "No." The sergeant said "Do you know if he uses keroeene in the house ? " Mr Wilkin said " I don't know ; I think not." Prisoner said "They are trying to damage my character. I uie kerosene for cleaning my bits." I parted company with the prisoner the night before at the corner of the Library, at about twenty minutes past eleven. I met him by the fountain in Cathedral square, and he returned In the same direction with me, and when he left me he went towards Dr. Symee'. Sergeant Wilson and I examined the harness and bite, and cleaning rags, in Dr. Symes' harness room, and there was no emell of keroeene about tb.6in, nor any kerosene in the place. The bits, from the smell, were cleaned with neatefoot oil. I found one straw charred in the debris of the fire amongst the other rubbish. Dr. Symee, re-called, deposed—l never saw the bottle produced before until it was shown to me by Detective Walker. James Ibbott, deposed —I am night porter at the Canterbury Club. On the night of the 6th inst., between 12 and 1 o'clock, I heard the cry of " Fire." By looking out of the window I gaw a fire on the far side of Macpherson'e yard. I went outside, and the fire appeared suddenly to go out. I went to the scene of the fire, and I saw the prisoner bring a bucket of water to Sergeant Wileon, who was there. The remainder of this witness's evidence was principally corroborative of that of Sergeant Wileon in his denial of having anything to do with the origin of the fire. Mr James Wilkin deposed—l am a merchant, and on the morning of Saturday, the 7th inst., I was at the residence of Dr. Symee. t had escorted Mrs Symes home from a ball at the Oddfellows' Hall. Sergeant Wilson, early that morning, knocked at the door, and asked if Dr. Symes was at home, and if he was in the habit of using keroeene for any purpose. The prisoner, who was with him, volunteered the statement that he used kerosene to cJean hie bits. No one had asked him. Mr W. H. Smith deposed—l am managing printer of the Pbess newspaper. On the morning of Saturday, the 7th, I called at Dr. Symes , residence. I saw Sergeant Wilson and the accused there. They were standing on the east side of the garden, near where the fire was. I went with the Sergeant to wheie the fire had been, and I drew his attention to a damp spot on the earth, near where the fire had taken place. I said I thought the fire had been intentionally done. The accused said, "I did not do it," and other remarks of a similar nature. I cautioned him not to make such statements, as it might be bad for him. These remarks were volunteered. He then abused Sergeant Wileon. I said, " Whoever did this had a clear night for it, as they must have known the Doctor and his wife were both from home, The accused was in such an excited state that I thought him intoxicated. He continued abusing the sergeant, but eventually came with me for the purpose of finding the Doctor. After daylight I came back, and then I saw keroeene on the stone channelling in front of where the accused slept, and also on the edge of one of the Stalls in the stable. Theie was a little debris of straw in the channel, partially blocking it up. Fanny Hinds deposed—l am a general servant at Dr. Symes , . 1 remember the night the alarm of fire was given. Neither Dr. or Mrs Symee were at home. For some time .past the prisoner has been in the employ of Dr. Symes. Some days before the fire, in the early part of the week, the prisoner said that on the night of the ball, and when we were in bed and got sound asleep, we should be frightened. He repeated this more than once to the other servant, Maria Townend, in my hearing. On the night of the fire I heard a knocking and got up; I saw the prisoner at the door; he asked for the doctor and then for the key which unlocked the door between the shed and the cottage. I have been two years in the service of Dr. Symes, and I don't think kerosene has been used since last July ; the house ie lit with gas. Ido not know anv purpose for which kerosene ie required to be used. Maria Townend, a domestic servant in the employ of Dr. Symes, corroborated the main points of the last witness' evidence. Christina Bobson said— I reside in a cottage owned by Dr. Symee. I returned to my dwelling about 12 o'clock on the night of l\riday, the 6th, and at once went to bed. I had not got to sleep when I heard a cracking noise and shouts of fire. I got up and opened the front door, bnt could see no sign of fire. Going into the children's bedroom I heard the noise louder, and shortly after the bottom panels of the back door were broken in, and the prisoner came through with a bucket of water. He said the fire was inside the house, but I said it was not. I afterwards heard him abusing the sergeant, denying that he had set fire to the place, and saying that perhaps he (the sergeant) had done it himself. Hugh Beaumont deposed—l was in charge of the watchhouse at the depot, when the prisoner was brought there by Detective Walker and Sergeant Wileon about three o'clock. Detective Walker asked me to smell the prisoner's hands. I did so, but oould detect no smell on his right hand, but his left smelt of kero • sene. They appearei to have been lately washed. This terminated the evidence, and Inspector Hickeon applied for a further remand of one week. His Worship did not think there was any necessity for a remand, as tl ere was sufficient evidence to commit the prisoner for trial. Inspector Hickeon explained that what he desired was publicity, which by the publication of the evidence in the Press he should obtain for the case, which might possibly lead to further evidence being forthcoming as to whether the prisoner had purchased any kerosene recently. His Worship thought there was no advantage to be gained by a remand, and it would necessitate the attendance of the witnesses over again. The depositions were then reid over, and the prisoner committed to take his trial at the next sittings of the Supreme Court. j