SUPREME COURT.

Dominion, Volume 3, Issue 827, 27 May 1910, Page 9

SUPREME COURT.

RE-TRIAL OF VMDESTOWN HOUSE-OWNER. A SKCOXD DISAGREEMENT. A second trial of Eberhardt Ferdinand Homer, a young man, upon a charge of arson, was proceeded with in the Supremo Court yesterday, before the Chief Justice (Sir Robert Stout) and u jury of twelve. Rcnner came before the .court at tho February sittings, but the jury then failed to agreo upon a verdict. The charge against him was that, on the night of December 28 last, ho set fire to a house in Wadestown, which was owned by him, ami which was unoccupied at tho time of the lire. The house was not totally destroyed. Mr. W. H. D. Bell conducted the case for tho Crown; Mr. T. Al. Wilford and Mr. W. J. Cracroft Wilson appearing for tho accused. The evidence for the prosecution was to tho elfect that Rentier had been seen by a next-door neighbour dragging | a wicker chair, which was .in flames, ■ towards the bouse. The lady called across the fence, ,"What are you doing, Mr. Hornier?" but received no reply. Shortly afterwards, the accused camo to the dividing fence, and said that his bouse was on fire. A statement had been made by the accused to tho police that he had been burning some rubbish in the kitchen range, in order that the house might be in order when tho now tenant moved in on tho following morning. The house was insured in the Commercial Union offico for £350. Accused stated that ho had purchased tho section for £170, and erected tho house—four rooms, with bathroom and scullery—for £430. Ho had beon negotiating to sell thp property for £540, on terms, and the tenant had agreed to purchase, provided ho found the house satisfactory, after living in it for 'threp months. The witnesses were: Henry Edward Manning (builder and valuator), Herbert Walter Hawko (accountant), Mrs. Sarah Watt, Mrs. Maggie Burns, AVilliam Burns (bookbinder), Simon Eraser (driver), Martin Eraser, Robert James Watt (grocer's assistant), Constable MuUooly, 'William Henry Edwards (builder), Detective Hammond, and Thomas' Williamson Ward (builder). Accused relied for his defence upon the statement he had made to Detective Hammond. The jury,' at 3.29 o'clock, proceeded to/ Wadestown to view the premises, and returned to court later, intimating that they had been unable to agreo. ,