STRANGE ARSON CASE

Dominion, Volume 10, Issue 3086, 17 May 1917, Page 6

STRANGE ARSON CASE

HIRSCHBERG ON TRIAL

THE BURNING OP A CHEESE

FACTORY

ADVERTISING A GRIEVANCE

A strange ■case was heard by Mr. Justice lidwards in the Supreme Court yesterday.

Giistav Adolph Hirschberg, a wellknown Wairarapa resident, was charged with having, on April 2, committed arson by burning down, the Longbush cheese factory, the property of tho Longbush Co-op. Dairy Co., Ltd. Accused was not represented by counsel. Mr. P. S. K. Maeassey conducted the prosecution. Mr. Macaesey said that on the night of April 2 accused deliberately burned down the Longbush cheese factory because he believed lie had some grievance. John Bannister, farmer, of Longbush, and chairman of directors of the Longbush Dairy Co., said that on the date of the file he received a telephone message from a neighbour stating that the factory was burning. On the following morning he saw. accused, who said to him: "Did vou see the fire?" Witness replied: "Yes; you set it alight." Accused said: "Yes, I did," and went on to state that he had a lease of the land on which the factory stood, and could have wrongs redressed only by ( burning the factory down. The factory was not operating this last season. It had been in existence about four years when the company was formed, and the company had held the land about five yearn. Witness produced the company's title to the land: Accused (cross-examining witness): I believe you stated before the Carterton Court that I was a bit eccentric?— Witness: "I said you were. ,, I suppose you are of people who are out of .their minds?—"l am not a judge. I'm not a medical man." Then what right have you to say I am eccentric ? His Honour: We will not discuss that matten Accused: This is a case of the wish beiiiß father to the thought. The reason 1 am bringing the question up is that, there is an attempt to have me put in the asylum. I wisli to prove that if they can't get me out of the way in one fashion they will do it in another. To witness: You are are not a judge, then? Witness: No, I am not. Accused: Then you must be a fool to make that remark. The Arrest of Herschberg. Constable Murray, of Carterton, was the' next witness! He said that on April 3 he and Constable Gregor went to the Longbush factory. He came to the conclusion that accused set fire- to the place, and he, therefore, searched for accused. 'Witness found the latter about" 12.30 p.m. Accused said: "Are you going to arrest me for burning down the iLongbush Cheese Factory? witness replied that he was. Accused said : "1 had a right to burn down the tac torv," as if was on my property. I was-robbed of the land years ago. After , receiving a warning that whatever he said might be given, in evidence against him, accused observed: x 1 <lon t care I tlid' set fire to the factory. It was on my property, ■ and they had no" ri»ht to build it there at all. I had to burn it down in order to get my case opened up before the Court again, and justice done." Accused said he had warned a Mr. Mimro on several occasions that if the lease of the land was not given ud the factory would be burned Constable Gregor gave evidence that accused said to him: "I am sorry u I have caused you a lot or trouble, but I have done this •business so that 1 can get ny case before the Court.'- asked: "What are you referring tor'- Accused replied: "The burning of the factory. Thev had.no right to have it there. It is on my land, and I consider I have a right to do as I like with my own property. I was careful that no/person was in "the place when I aet v it on fire. I have no wish to harm anyone but as I was robbed of the land I did this -to compel the Government to .rehear mv appeal for my rights as owner of the'land on which this place was lwilt." Accused,, after he had been charged at the Cnrterton Police Station Raid: "I will plead not guilty, as I want this matter thoroughly threshed out, and I think T have a good chance now. icensed: Yon are quite sure 1 said I. was the owner of the land ?-W,itnesa: Accused: Then I made a mistake. I never meant that. I had only the lease. t A Blaze to Throw Light on His Case.

Hirechberg entered the witness-box, folded his arms, and began with-a request for permission to eay a few wools to the Press. It appeared from his subsequent statements that he had once desired to ventilate his grievances, through a Press interview, but had been prevented from doing eo.* ' His Honour: Understand that what we are here to do is to try whether you set five to this place or not. If you wish to deal with another matter, you will have to bring civil proceedings; or, if you have no* grounds, as it is fairly obvious you ■ have not, you must petition Parliament. All we can deal with here and now is the question whether or not voireet fire (o this place, intending to burn it down. Incidentally, we may deal with the question whether you were sane or not when you did it.

Accused: I was perfectly sane. Hi 3 Honour: t know you consider so, of course. Bui: if you were perfectly eaiie it is usele." for you to say anything to the jury. T am not going to stop you, though. Accused: I can prove my title to the Jnnd -—. His Honour (pointing to the dairy company's title): "You cannot have a title against this." But this is tho most exceptional case ever known in New Zealand.—"! cannot help that., First we liave the preliminary question: Ts this a record of the company's title? It is. It proves itself. Then: Bid you burn that factory down?" "Yes. sir."—"Then we mny have a third question. When you did 'so, were you sane or not?" "T was perfect'v sane. . . . Will you nllow me to tell this history to the Court?" iris Fnnniii , permitted accused to proceed. HirscMicv? embarked upon a scarcelv inlTllieibl" statement of defence, based entirely upon the forbidden eiound of lit' "title.-" According to his stm-y. =oniP transection with T'W Malm, niiliii was Hip beginning of his "interest" in the land on which the factory stood. Sinep he had been "wronged." and the Court-: and Parliament had aforded him no redrew, he had considered various me!""* of putting liis case in a glare of publicity. The Pen, the Axe. or the Egp? He had Ihought of n Press interview, as previously mentioned: and he had srriou-dr considered tho advisability of "painting Ji'r. Jfnssey't; face with eggs in Iho stiwt." "But." accused naively remarked. "T Ihomrht that wouldn't do. ■!'''en X thought that if T smashed the "■hool willi an ax» it would draw f,he Government's attention to the matter. On the wnv to T,on<rbi'=h T rliomrht nuain '•I- wnnld be .* cowardlv Ihiii'.' to "ijur» the school, with a, woman near. So I «ot some kerosene. T had the ontion of smashing the school burning tlie factory. So I burned thr- factory." Acnswl sni.l lii« on.=» was comimr before Parliament nt its next session. It was for the Pr<*s to take (■lie un from the North Cane to Hie Bluff, and set th" serious is?no= bofore th" nomirr.v. Them whk ."moon involvm! if there wos a penny. bnrir l,i,i(-pd that 'he nntriotic funil* inisht. benefit to H, e orient of many thousands of nonnds if his rights were fipnllr obtained.

His Honour: You hnvo drawn public attention to your ctsc Tlipre is "no doubt nbont that: and the jury 'will hnve no nlfornntivo to conviftiiiT you, iinles' tlioy acnuit you on the tnn«v in , * be I ho iurljc? of 'licir own rasps. ' If rwry man n-ln Ilioui'lil he had a grievance over native la.nd were

allowed to burn the buildings on the land out ol which his trouble arose, the whole of Iho North Island would be in a blaze. His Honour said lo Iho jury that accused's action \v;is nut Unit ot a person with a well-ordered mind, if the jury believed accused diil not understand what ho was doing nr It now that it was wrong, they should iiequit him on the ground of insanity. "For my part," said His Honour, "1 would much rather so to prison than to a lunatic 'asylum." It ivas necessary, however, that accused should not be in a position to burn down any other buildings on tho same block of land. If he wore allowed to go free, other building might receive his consideration in the course of the next few days. Accused: Oh, no! Sentenced to the Reformatory. His Honour: i'rom my point of view, accused is not insane, as he knew he was doing an act forbidden by the law, and he intended to do it. From a medical point of view, undoubtedly he is insane, since "insane" means "unhealthy," and his mind is obviously unhealthy when he does such a foolish act, . . . In a case like this. 1 have power to sentence him to reformative treatment. That means that he will be imprisoned, and that the Prisons Board'may let him out at any time. He objects to being considered insane, and, J think, reasonably objects. He would, I think, he better off if sent to prison than if sent to a lunatic asylum. Prisoner made a last appeal to tho jury, and in the course of his speech alleged that the Hon. Mr. Herries had refused him a. Press interview. "Mr. Herries," said Hirschberg, indicating the pressmen present, "is afraid of those gentlemen with the pens over there." Hβ asked the jury to dismiss the charge. If Parliament did not take his case up, he could stand his trial again. He had no wish to evade punishment. His Honour (to the jury): It is a very irregular proceeding to allow the prisoner to address you now, but one must show consideration to a person eo obviously of disordered mind. The jury returned a verdict of guilty, with a strong recommendation lor leniency. His Honour (to prisoner): I propose to commit you to prison, not for punishment, but simply for the safety of the public. The sentence is that" you be committed to prison for reformative purposes for a' period of five years. That does not in the least degree mean that you. will be detained for five years, or even for five months. Xon will be detained till the Prisons Board is satisfied that yon can be set at large with safety to tho public. Hirsehberg asked if he night not be put on probation. His Honour replied that tho case waa not one for probation, but one that showed an established intention to defy the law. Hirschberf,': I should not have defied the law if Mr. Hemes had not defied it His Honour (laughing): I am not tryin? Mr. Herries. If Mr. Herries comes beforo me he will meet with neither fear