THE COURTS-TO-DAY

Evening Star, Issue 17037, 7 May 1919, Page 6

THE COURTS-TO-DAY

CITY POLICE COURT. 'Before H. Y. Widdowson, Esq.. S.M.) Drunkenness. —Charles M'Andrew, -who did not appear, was fined the amount o' his bail (20s), in default 48 hours' ini prisonmenl. No Case to Answer. —Richard Hamden M'Lennan, for whom Mr B. S. Irwin appeared, pleaded not guilty to a charge of committing mischief last night by set ling fire to certain building material, the property of the Otago Art G-allery Lrustees. —Senior-sergeant Murray said that at the rear end of the Art Gallery buildings there was a, ,wido right-of-way between tho building and the iron fence bounding the railway property. At the north end of this right-of-way, close to the rear porch of the Art Gallery, was a quantity of trestles and timfber used for providing tables for slippers. At the south end the right-of-way ran into a reserve, where there were shrubs. Between 6 and 7 last night two women were preparing supper in a. room adjacent to the rear porch, and at the latter hour, when they came out on the porch, they found a fire among the material. They told tho caretaker, who extinguished the fire with a, bucket of water. Just as they came out of the porch, the women saw a man disappear down tho right-of-way. Mr Russell (the caretaker) telephoned the police, and when Constable Herbison arrived Russell said he thought there was a man in the shrubs. The constable found the accused in the shrubs. His explanation of his position was that he wont there because nature compelled him to, and he told tho constable ho had been drinking about town in tho afternoon. Later on, when askorl by Detective Hammorly, he stated that he had beon at Port" Chalmers. —Evidence was given by the two women (neither of whom had noted the appearance of the man they saw) and the police.—-Mi- Irwin submitted that there was no case to answer. Defendent appeared to have been arrested, and questioned, tried, and found guilty by the police before the Court sat. A man should not be arrested unless there was evidence to justify arrest, and he should not be submitted to examination then. Counsel held there was no tittle of evidence to connect defendant with the fire, but if necessary he would call defendant, who would state that all he had ?aid was correct: that he was drinking about town, and was also at Port Chalmers. —'The Magistrate said he could not hold that there was a prima facie case to answer, and the information would be dismissed.