HOSTILE WITNESSES

Evening Post, Volume CVI, Issue 106, 1 November 1923, Page 6

HOSTILE WITNESSES

ARSON ALLEGED AND DENIEf

ACCUSED TO GO FOB TRIAL.

Evidence inconsistent with statements , already made to the police was given by two Crown witnesses during the course of the hearing of an indictable case before Mr. E. Page, S.M., at the Magistrate s Court yesterday afternoon. Th 3 witnesses were relatives of the accused, and were declared by the Bench to be hostile. The accused was a boilermaker, Ernest Henry M'Ginjty, who had to answer to a charge of wilfully setting five to his father's house at 70, Tory street, thereby' committing arson. The case for the prosecution was conducted by vDeteciive Nuttall, and Mr. J. F. B. Stevenson represented the defendant. ,'The father of the accused, Thomas M'Gimty, said that on the night of 22nd' October he was awakened by the smell of smoke. On the doorstep he found two rags smouldering, and he swept them out into the yard. His son-in-law later put some water on the rags. Witness had not seen his son that day, nor had he given the alarm to the Fire Brigade. His relations with his sou were very cordial. / Detective Nuttail said that witness was giving totally different answers to those which he had made to the police. The Magistrate, after hearing further* examination, remarked that it was unfortunate the witness had to give cvi dence against his son. "You will have to answer the questions, witness, or you will get yourself into trouble," he warned. Detective Nuttall (to witness): "Did you hear your son make any admission to a - member of the Fire Brigade in regard to his setting fire to the house'/" Witness: "I heard something ■ like that. I think I heard him say, 'I done Walter Percival Pines, son-in-law of the previous witness, said that accused was under the influence of liquor at the time. The Detective: "Did yon see the fire?" . Witness: "No, for the simple reason that there was no fire." The witness went on to explain that after the arrival of the brigade he. noticed a rag smouldering in the yard, and the door had also been charred. He did not remember his brother-in-law, the accused, saying anything to a fireman. At, this stage the Magistrate decided that'the witness was hostile, and a statement'which he was said to have made to Sergeant Pender was produced. Counsel objected to the production of the statement, which the witness admitted, . however, he had made. The statement set out_JLhat he had heard his brother-in-law say to the fireman: "Ivdone it," meaning he had set fire to the house. The sister of the accused, Amy Pines, also gave evidence, and the Magistrate decided that she also was hostile. Her statement- to the police was produced, and after it had beon read over several times the witness admitted that some parts of it were true. ■ "I don't remember parts of it." she added. Detective Nuttall: "Did you discuss the case with anyone this morning?"— "No, I did not." "Did you not ask counsel for the defence what you were to say when you were in the witness-box if questions incriminating your brother were aslced you?"—" Well, yes, I did. ' I wanted to find out how I would stand." Mr. Stevenson objected that this was a privileged conversation between a solicitor and a client, and the objection was noted, although not sustained. "In view of what has been said, I had better ask a question," he remarked, and inquired of the witness, "When you approached me, did I not reply that you would have to tell the truth as far as you knew it?" Witness : ' "Yes, certainly." Superintendent Harry Tait, of the Wellington Fire Brigade, said the previous witness had pointed out the accused as being her -brother, and stated that he had started the fire. Witness asked M'Ginity if this was so, and he replied: "Yes, I done it. Now give me in charge." According to Sergean£"Pe«der,. the accused, when questioned,, denied that be had set fire to the house, but explained that he had "dropped a cigarette." A plea-of not guilty was entered, and the accused was committed to the Supreme Court for trail, bail being fixed at £100, the defendant to report twice a week to the police. Before the Court adjourned. \Mr. Stevenson said he wanted to make it quite clear that there had been nothing secret or underhand in his conversation with the witness Amy Pines. It had taken place in the corridor or the Court, where members of the public, and several police officers also were standing. Tho matter, in any case, shouid not have been mentioned. The Magistrate observed that ths' witness was not entitled to speak to Mr. Stevenson, as counsel for her brother, the accused, although she could speak to him, of course, in regard to other matters.