SUPREME COURT.—CRIMINAL SITTINGS.

Daily Telegraph (Napier), Issue 3714, 11 June 1883, Page 3

SUPREME COURT.—CRIMINAL SITTINGS.

This Day

(Before His Honor Chief Justice Prendergast) His Honor took his seat at 10.30 a.m. GRAND JL-RY. The following gentlemen were sworn in as the Grand Jury .-—Messrs G. H. Swan, Frank Pell, J. S." AVelsrnan, R. Dolbel, J. A. Fryer, T. K. Newton, S. J. AVilliams, AY. R. Blythe, Hutton Troutbeck, F. J. AVilliams, J. Hindmarsh, junr., N. Williams, M. S, Bell, T. AY. Balfour, T. Tanner, C. G. Smythe, 11. C. AVilson, C. G. L. Margoliouth, J. J. Torre, H. L. Donnelly, C. B. Hoadloy, AY. Beilby, and A. G. Tux ford. Mr T. Tanner was chosen foreman of the Grand Jury. ins honor's charge.

His Honor briefly addressed tho Grand Jury, but as ho spoke in a searcoly audible voico Aye arc unable to do moro than give the merest outlino of his remarks. He commenced by saying that tho number of oases on tho calendar was about the same as usual for tho place, but he was glad to observe that, with tho exception of ono crime, none of tho offences were of a very serious nature. His Honor then referred to the establishment of a circuit court at Gisborno, a change which he was of opinion Avas not a desirable one. The chief objection Avaa that it Avas an impossibility to get a largo jury list in (he more sparsely populated district, and this was likely to lead to complications. With respect to the cases on tho calendar hero he had on this occasion very fcAV observations to offer. In the charge against Jones for arson it wan the duty of the Grand Jury not to expect that tho evidence before them Avas conclusive. It was for the common jury to inquire minutely into the grave suspicion. His Honor next referred to the three cases of forgery, and remarked that these aroso out of tho practice—perhaps a necessary ono—of tradesmen accepting cheques in tho same manner as if they Avore bank notes. Tho practice, however, Avas one attended by considerable risk. Tlie most important cases were those for perjury, and in theso it Avas for the Grand Jury to satisfy themselves that all tho material points were proved. Tlie remainder of His Honor's remarks we wero unable to catch even tho drift of. TRUE BILLS. True bills Avere found in tho following cases:—George Jones, charged witli arson ; Emmanuel Edwards, house breaking; Francis Crawford, forgery ; Charles Dawson, forgery (two counts); ARSON. George Jones Avas indicted for having, on the 21st March, at Mangataratara, set firo to a house, tho property of Donald Gollan. Tho prisoner pleaded not guilty. The following jury was sworn in to try tho case:—Messrs J. Vigor Bi-oavii (foreman), 11. Martin, C. Cranby, T. Starkey, B. C. AVaro, E. Bennott, P. Ready, T. Warrington, R. AVall, AY. 11. Duncan, E. A. AVatkins, and T. Clcary. Mr Cotterill conducted the case on behalf of tho Crown. Tho prisoner Avas not represented by counsel. AVilliam McDonald, being sworn, said ho was a avool scourer residing at Mangataratara. On the 21st March last prisoner Avas in his employment as a grass seed sower. Witness had a contract to sow grass seed on j Mr Donald Gollan's run. On the 21st March he had several men, including tho prisoner, soAving grass seed on tho hills. About a milo and a half from witness's camp there Avas a ivhare. In the courso of tho day Avitnoss sent the prisoner away from Avhore'ho Avas working to boil the tea for tho othor mon. He directed him to a place about a mile or a little more perhaps from tho ivhare. It AA'as at about 11.30 in the forenoon. Prisonor Avent away, and witness did not see him again until he saw him at the Polico Court, AVaipawa, on the day the case was first heard. AVitnoss Avont to look for the prisoner on tho day he left him at about noon. Found that ho had not either propared the tea or lighted tho fire. Tho prisoner, a stupid looking young man, dcclinod to ask the Avitnoss any questions.

William Storah was sworn, and said he was manager for Mr Gollan at Maugataratara station, and wss so on tho 21st of March last. AVitnoss that day left his camp about 4 p.m. to go to AVaipaAva. The track led past a ivhare on Mr Gollan's run, near tho boundary of Messrs Nairn's run. AVitness last saw tho whare, he believed, on tho 18th of March last. It Avas occupied by soveral of Mr Gollan's bullock drivers. AVhen passing tho placo Avhcre the ivhare was on the morning of the 21st ho found tho building had just been burned down. The chimney Avas still standing. Ho continued ou his way, and when ho had proceeded a short distance he saAV tho prisoner sitting on his swag by the roadside. In answer to tho Avitness tho prisoner said ho came over from the coast. Tho direction was not the same in Avhich McDonald had boon Avorking. Prisoner said he Avas going to AVaipukurau. It was then betweon 5 and 6 o'clock in the ovening. Left prisoner sitting Avhere he was, and rodo ou. No montion Avas made by either of them about tho fire.

Robert AVard, avool soourer, Avas employed at Mangataratara station ou 21st March last. Ho lived at the out-station in the whare alluded to by the previous Avitness. Ifc was a -weather-boarded ivharo of ono room, witli a sod chimney. He slept in it on the night of tho 20th March along with a man named John Lozelles. They had breakfast in the whare about 7 a.m. ou tho 21st., aud left the house together about half an hour later. AVitness returned about 12.30 in tho forenoon, and after lighting a fi.ro had his dinner in the whare. The fireplace Avas an open one. AVitnoss left again at about a quarter to 2 o'clock. The fire iv the fireplace was then completely out. Did not lock thp door when ho left. Did not sco anybody about thopkeethatday. Know the prisoner, and saAV him the day after the wfi are was bumod doAvn about half Avay between the out-station and tho homo station. AVitness asked tho prisoner what time he came in from the grass seed soAving. He made no answer. Then asked him if the whare was standing or if it Avas ou fire Avhen he ciimo past. Ho did not answer. Asked him again, Avhen prisoner pointed to the flat, and asked witness if he had seen a man riding down there. AVitness replied in the negative,' and prisoner then asked if there were any police doAvn that way. He said there Avere, sometimes. Witness met prisouor again later ou, when he said he (prisoner) burned the whare cloavu. AVitness went back for a man namod Barber and fetched him to Avhere the prisoner Avas, and in Barber's presence asked prisoner why ho had burned the whare, and he said because he could not work and wanted to go to gaol, Asked him whether he had burned the clothes that were in it also, and prisoner said he set fire to it insido and out. AVhen witness left the whare on the afternoon of the 21st it contained clothes, provisions, saddles and bridles, bedding, kc, belonging to witness and Lozelles.

By tho prisoner: You did not say.to me "you seem to know all about it." I havo eoen tho chimney ou fire before. I know the fire in the fireplace was out when I loft the ■whare. It had burned itself out.

William Barber corroborated the evidence of tho previous witness, adding that on the 22nd March, before Siorah came for him, he duav tho prisoner walking about alone ou the ranges near Mr Gollan's station. When prisoner acknowledged having burned down the whare AVard asked him it' he Avas prepared to go, and prisoner said he Avas. The prisoner way quite-"sober. Ward tiod his and "together they lifted him on a horse and took him to Mr Gollan's place. By tho prisoner : I heard AVard accuse

you of burning down the ichare. .There was no wood about tho chimney except the uprights. I have previously seen the chimnoy on (ire.

By His Honor: lam quite sure that tho prisoner said he burned the whare down, and gave as his reason that he wanted to go to gaol. JohnAV-atts, a labu-er at Mr Cohan's station, said about 2.30 p.m. on the 22nd March the two previous witnesses placed tho prisoner in his charge. He gave prisoner some lunch. Prisoner gave over to Avitness a box containing matches and a pocket knife. The latter witness returned to the prisoner, but kept the matches. By tho prisoner : You did not tell me yon set fire to the a: ha re.

Tho prisoner then addressed the jury from a written paper as follows :—Your Honor and gentlemen of the jury,—You have hoard tlie case for tho prosecution, and I feel quite satisfied that you must acquit me of burning down the ivhare, as there is not a particle of evidence to connect me with it in any way. No one saw me at the ivhare ; there was nothing found in my possession belonging to any one. The real facts of tho case, I have no doubt, are these: AVard and Lozelles boiled the " billy," had tea, and left without being certain that the five was out, and I ask you why Lozelles was not brought forward as a witness for the Crown r Doubtless for fear he should contradict AA'ard's statement _hout the fire being out. The whole case lies in a nutshell; they left the u-hare, and the wind blowing down the chimney set the place on fire, and as I was known to bo about thoy fixed upon me as a scape-goat. AVard himself first accused me of burning down the whare, and according to his own evidence I gave him no answer, but when lie got Barber along- with him I was afraid of them, and told them they seemed to know all about it. AVard and'Barbcr told Watt that I burned down tho ivhare, and I did not dare to contradict them. Now, your Honor and gentlemen of tho jury, I leave myself in your hands, I seel assured you will acquit me of this trumped-up charge. There are many things a solicitor would have brought forward in my case, but as I am without the means to procure one I have no doubt I shall receive justice at your hands. His Honor, having summed up, and pointed out that, without the confession of the prisoner to Ward and Lozelles, there could have been no case against him, tho jury retired at 12.50. After the luncheon adjournment the jury rotiu-ned into court with a verdict of guilty, and tho prisoner was sentenced to four years' imprisonment with bard labor. In sentencing the prisoner His Honor said he only passed a light sentence in consideration of rho house that was burned not being a valuable one, and being: so isolated that thero was no danger of other property being endangered. His Honor was also of opinion that the prisoner was not in his right mind. foroery. The case of Charles Dawson, charged on two counts with forgery, was proceeding when avo Avent to press. The prisoner pleaded guilty to the forgery of tho cheque purported to bo signed by Mr John Chambers, junr., but denied having forged tho second cheque alleged to have been drawn by Messrs Scwell and Donnelly. Ho complained also of not having the'advantage of legal assistance in the case.