POLICE COURT.—Wednesday.

New Zealand Herald, Volume IV, Issue 1143, 13 July 1867, Page 6

POLICE COURT.—Wednesday.

(Before Thos. Beckham, Ksq., R.M.) THE ABSON OASB. Stephen South and ,Jane South (brother and sister) were then placed in the dock charged with having, on the 11th March last, wilfully, maliciously, and feloniously set fire to the dwelling house of Mr. Jj. Rogers, situate in the Ponsonby Road, the said W. L. Eogers being then asleep in the house. Mr. Brookfield appeared for the prosecution ; Mr. Wynn, with Mr. Jas. Russell, for the prisoner. Mr. Brookfield having opened the case to the Bench, called

Bridget McNamara, wlio being sworn, deposed: I reside at Mr. Fitzgerald's, in the Grafton. Road; in March, last I was servant to Mr. Rogers. Both prisoners resided in the house in the Ponsonby Road, at Spring Bant, near Auckland. Mrs. Rogers lived in the same house. The prisoners are brother and sister to Mrs. Eogers. Only Jane South lived in the same house with Mrs. Rogers. The other prisoner, did not live in the same house, not always; He was in the habit of visiting there. I never heard any of the prisoners sayinganything with regard to -Rogers' house until I heard Mrs. .Rogers and Jane South talking about setting fire to.it, about a month before it-was burned. Jane South said " It's no use cleaning this house when its insured for £200; if we put a coal in it we can get up a two-storey - hotel." Mrs. Rogers said, " JSToileaye your jokes aside." Jane said," Oh, we're always eleaningthis house." Mr. llodgers said, " M"o, you had better leave it alone, we are going to the North Shore." Subsequently Jane.Sontli came into. the kitchen and said she would wait until Mrs.' Rogers had §one away, and then she would get' lier, brother tephen to burn the house. .Thai!was 'about', a. month before: the house was actually burned. I remember the house being burnt. 1 can't exactly say whatmonth it was, or what day of the month. Isaw both the-prisoners.on.the evening before the house was burnt. : - The hou?e was burnt , on. a "Monday night. I saw the two prisoners on Saturday, Sunday and Monday. Mrs. Rogers was away on Sunday and Monday; Mr. Rogers remamedathome, I was talking to the two prisoners both on the Sunday and the Monday. I advised th'e,two;prisoners on the Sunday to; have, Nothing Jo do with the,fire.', I did so because she said' on the Monday " never mind, we'll get up a' better house than, this, a two storey hotel.", She Bai&after her brother and, another, man went out,'s"he'and I were to,'clear out thethihgs. il told bier nofcto'clear out.the things, that I.would not, clear .out. the thirigai for her. . : .She said "yes.,yo.U: must clear the' things' out." : - When she. told me ' &at I'must;'l again'tdld h'er;that' I .would< hot. She said She'.Would' let it fee until after;'her' brother and - the 'other •' man leM The 'male prisoner arid tha other had ;not - left 'then; 1 Ab(Ult. fotir p'cloek '-Mohtfayi;anMhe, other manwe'nt afra^' l &hti a Jane Mid 'f out some'of : *.Jane, .commence'd to' ( . take' out the thuSgs; herself, when she had some fit f ' rum a and asked me 'If' I

would help her to take some of them out, and I said 'INo." !She did not take out any more, but she went to pack up some books that were in Mr. Sogers private room; after packing up these she went into Mrs. Rogers bedroom to pack up some linen ; when she had packed up tbis slie came and asked me if I would kelp her take out some of the things./'"I. said " No, I would have nothing to do < with |it. Stephen South came back at about 7 o clock, and, asked why the things had not been taken out. He asked me why X would not carry out the things. I told him X should have noth- [ ing to do with carrying out the things, I wanted I nothing to do with the fire at all. Jane South scolded, and I helped to carry out some of the things. That was about ten o'clock at night. It was a dark night. The things carried out were boxes, a cheffionier belonging to Mrs. Rogers, a looking glass, and other articles. Jane faoutli told me to place them outside the door. They were placed near the bouse. My reason for placing them there was because Jane told me to leave them outside the door, so that if any person came they'd think we .had not. had time to carry them farther. I then assisted them to carry out the rest of the furniture. Mr. Rogers and two children besides myself were in the house at this time. When Jane South told me to carry out some more of the things, she told me to put them further over to the fence, so that the fire should'ht touch them. Stephen South helped to remove the things. Some delf and some chairs were left inside. Part of an iron bedstead'of Jane South's was-left in the* house,; because Jane South could not'pull it down. A' chest .Of drawers and a bedstead of Mr. Sogers' were also left in the house. When the things were clear out l Stephen l South' held the icandle .up to the canvas in the kitchen. The kitchen'ceiling was covered with-canvas: 1 ' The candle s was lighted. The canvas' did not :catch fire.- -Mr. Sogers was in bed at tlic time. X know because Jane South came out jyxd told me :that he was fast asleep. I was standing in the kitchen alongside Stephen South when he put the candle to the canvas. He held the candle close to the canvas for about five'minutes.,', When 1 he found that it did not'light he went; upstairs into a room that was over the two front looms.l was standing on : the stairs to see what he- was doing. This was the lumber room. When he got into' this room he got hold of some rags and held the bundle to the candle to-take fire.' < It-did not take fire. He-then put the bundle between the rafters of the house and put the-candle -to' it. The rags then took fire. He got another bundle of rags, lit it, and placed it between the rafters in another place. That bundle burned. He got some more rags and threw them on the floor. The shingles caught fire, and the house burned. : It was - burned down. . The part of the house jn , .which tho rags were stuffed into the rafters was: -inthe south-part near the chimney;,! That is the side fronting the Pohsonby Road. After I liad seen the house had been- set fire, I : came; down and told Jane South. that it was onfi.re..;:lsaw, Stephen downstairs in they ard about ten minutes after the place had been set on fire. ?-He. wenti into' the corner of the field near McKinstry s. I stood and. watched him, going in. Jane South sent, me down to Mr.- Warnick's. .I went, , andhe afterwards came to the fire. I returned to the house and saw Mr. Booth, Mr. McKinstry, andone of the Mr. Warnick's. They were assisting in carrying the furniture to a place of safety. I saw Stephen in .the morning at. about half-past seven o'clock. Stephen South said,: " Oh, • you have had a fire here." I said yes, you ought ,to know that.". Stephen South said to me "d—— your eyes hold your tongue, you'll get into trouble as well as I will. If it's found out you'll get seven years as well as me and Jane, and if you don't get seven years you'll be transported." Jane said to me " Bridget hold your tongue, and don't say anything about the fire." Stephen said he had come out of the paddock. He said you could pick up pins and needles on the ground where he was lying. That was all the conversation we had until the police came up. : When Jane South saw-the police coming up she said "don't you say anything about the fire, say you know nothing about it." I saw the police coming up at about nine or half-past nine. I was sitting on the door step. Jane South had taken off her day clothing and put on her night dress,-she had also . her stays on. This was after she had removed the furniture. Jane South came in the month of June to Mrs. Fitzgerald's house where I reside. Mrs. Griffin was there at the time. Jane South told me not to speak of the fire. She said to me - " don't speak of it, because you know Stephen and I only did it out of a lark." She told me she would pay me for it if I would not speak of it. After the fire had commenced I went into Mr. Sogers' bedroom; he was in bed at tho time.

Cross-examined by Mr. Wynn: I think the fire took place about three months ago. I told it to the policeman stationed in Newton about two weeks ago. I told it to Mrs. Griffin, a lady who lives with Mr. Fitzgerald, an independent gentleman. Mrs. Griffin is a lady who came out from home with him. She is house-keeper, and I occupied the same room with her. Mr. Fitzgerald sleeps on the other side of the house in another room I spoke to Mrs. Griffin about the fire about two days before the policeman spoke to me. I wanted to get the thing off my mind, and wanted advice. I did not go to my parents, because they would beat me. They had advised me to leave Mr. Rogers altogether. I don't know what made me watch Stephen South. I did not say anything about it for two months, because the prisoners said I should get into as much trouble, as themselves. I was aware _the house was insured for £200, and I believe it - was mortgaged,, but cannot say to what amount. There was stairs from the kitchen to the two front rooms. There were six rooms in the house, four downstairs and one upstairs. I have spid before that the fire began in the kitchen, that was when the police asked me about it. X have told so many different stories about this fire that I .really cannot say how many. I know Mr. Cross. He is one of the carpenters that built Mr. Rogers' house. I have spoken to him. He has been paying his addresses tome. Yesterday he asked me. for. an explanation of what this was all about. I did not tell him then that Jane South had nothing whatever to do with the fire, and that she was fast asleep in her bed. I swear that I did not tell Mr. Montrose the reporter of the Herald the morning after the fire that Jane South was fast asleep in ,her bed, and that I tried to wake her. I will not swear Ididnot say so. I might have told him that, but I don't remember it. It was not true if I did say so. She told me when she saw him coming that I was to say I knew nothing about it. I did tell the police that I knocked at Jane South's door iand found a fire in the house and awoke her. I said everything the prisoners told mo to say. Mr. Cross asked me in reference'to this matter yesterday, evening, if I was going to drop it, and I said "No." He said "you had better drop it." I said I would not. Cross said he was isent to offer me £20 if I would go away and did not appear. I asked him if it was Mrs. Rogers sent mm, and he told me to mind my own -business. He asked me if I was going to appear to-day, and I said I was. ffe then went away. I I did not make use of Jane South's name. iCross j I did not like Mrs. Griffin, and we had some words when I lived in Ponsonby Roadi' I was disturbed by Mr. Rogers to make coffee for him before Stephen South.went upstairs! I know a ; Mrs. McEwen. I saw her last Monday morn- >' ing. I have known her for some time! T did not tell her that I had:some cause of quarrel with Jane South, and .that X, -would, i be rcvcug- ■ ed - upon her. . I remember saying to .Mrs. Griffin, that Jane • South was r trying to. take' my character away. It was before I gave 1 this information 1 to tho police. I know a young jhahnamed Peirce; 'H* was the man I alluded! ! as being in \nth the male, prisoner :

on the : evening before . the • fire. I was quite sober. I was not lying down. - Pearce did .not' throw a bucket of water over me while I lay on the ground. I did not go off the premises after he left. I went to milk the cow in the paddock; I was absent about five.minutes. . There was no • person with me. At about two o'clock in the day before Pearce and Smith left I got two bottles: of porter from the Star Hotel. Inad one glass of it, and the three drank the rest. , Re-examined by Mr.' Brookfield: Pearce usad to visit the female prisoner. Mrs. Griffin was present when Cross offered mo the £20 and could hear all that passed. I have told different stories about the affair under the instruction of the prisoners. Whatever other tales I have previously told, what I have stated to-day I believe to be true.

After some discussion the further hearing of the case was adjourned until next T?riday. At the conclusion of the evidence, His Worship requested the reporters to withhold publication of the evidence taken in the case until jits conclusion, as otherwise tho witnesses who had been ordered out of Court would have an oppor-i tunity of reading it. ; FBIDAY. ' ' Jane and Stephen South were again placed in the dock on remand, charged with wilfully, maliciously and feloniously setting fire to a_house 1 in the Ponsonby Road, the said houae being at the time occupied fay the owner.Mr. Brookfield appeared * for.the prosecution ; and the prisoners were defended by Mr.-Wynn and Mr. J. Hussell. - i i l:,:. The Court was densely crowded a few minutes after opening.: :.i '•■;! ■- - -- ! - All witnesses in the case, were ordered ,out':of Courti' : i. '■ '• - • "• With the consent of Mr. Brook field, Mrs Rogers was allowed to sit near Mr. Wyn : n.: •Mr.'Brookfield then:called ! > , . !

•Catherine Griffin,-:who- deposed : I am the wife of James Griffin. _My husband is at the Kaipara. lam now living on the Grafton road.' I am servant'to.-Mr. Fitzgerald..Bridget . McNainara: is also :servant to him. i I remember' seeing the female prisoner about the 11th June in the house in.' the Ponsonby 1 road in: which we then resided; I heard : a cdnversation- .between;; Bridget' McNamara and the -fe'riiale prisoner. I heard Jane South arid'o Bridget McNamara speak of-a.: fire. >-I'heard Jane South ■ say, " now Bridget, don't!:you : say - a word about the fire, .for if you doil.Jl gefc-tran-sported, and you too ; you know Stephen's gone away, and- he .can't 'be: caught." . So' 1 Bridget said " for what should I be transported,' for was. it? I got the candle and held it to the rags"? Jane said '' it was'only done out :of:a larkyou know, it did'not take fixe the 'first timeßridget - said, "it wasn't a lark the second time."; That was all I heard to my remembrauoo. >. Ii recollect a. man named Cross coming to my house the'day before she, was c examihedin Court—onrTu'esday>; I-.was: present at a conversation between Jane .Smith and:Gross.;-'v.i 'I v. v.w ■

■ Cross-examined by Mr. Wynn : I am .quite' sure thafcimysname is :Mrs. Griffin ; 1 as. sure, as your name' is Mr. 'Wynn,- My husbandis at the Kaipara.• I am. living as a . 'servant with Mr.: Fitzgerald. Mr.: Fitzgerald is. an independant gentleman: -He-always: lives >on his own money." His brother is. a captain in. the 12th, but, he lis not. " He is not' a married !mant .• X cannot say what he wants with two< servants.! He has myself and Bridget as servants. I' am the cook and' Bridget is general servant. She washes and scrubs and so on. I get 12s a week. _ I daresay Mr. Fitzgerald is at home. X saw liim when Ileft the house this morning. Bridget gets, 8s a week. He keeps no other servants. There are 8 rooms in the house. He is a justice of; the peace at home. Bridget .washes and scrubs and assists in the general duties of the house. Mr. Wynn : Who made Mr. Eitzgerald's bed in the morning. • _ ■ Mr. Brookfield objected to the question... His "Worship said if assuming that any improper intimacy existed, it would not affect the witness's credibility. Mr. Wynn: My object was to ask who made the.beds,, and then it would, follow L.OW many slept in it. (The witness laughed.) His Worship said the question was irrelevant. Mr. Wynn said no doubt the question was an objectionable one. Cross-examination resumed': Cross came to the house in the morning. He came at some time, I don't know what timo., It might have been after twelve and it might be before.. I could'nt say what timo it was, there was no clock in the place. I daresay it was after twelve and before four. It was between twelve and three. I was standing about when I first saw him. A. little niece of mine came in and called-Bridget. She said that Dick Cross wanted her. My niece is 6 years old.. I have been in Mr. Fitzgerald's service about two. years. I think he is now at his own place in Grafton Road. Bridget I think was in the; kitchen when the child came. X could not say if Bridget was cooking. I cooked the dinner; generally speaking. Cross was making a noise outside talking, and I told him to keep silent and not talk so loud. Ho said he wanted to see Bridget. He was talking over his voice, and rapping at the fence. He was talking to the child. I was in the kitchen with Bridget. I was upstairs in my bedroom until I hoard the. talk of the child. He said it was Bridget ho .wanted to see and not me. I could not say what part of the house Mr. Fitzgerald was in.' 1 called him to put the man away as he would not go for me. I knocked at his door and told • him; ho put his head out of the window. I rapped at my own bedroom door, and he heard the noise. I could not • say which room he slept in at the timo. I cannot answer you so smart. . > .•

He-examined by Mr. Broolcfield : My husband and I havo been in Mr. Fitzgerald's employ for s-jmo time. I havo never lived .with him in any other capacity than as a servant. My husband comes down every three or four months to see me, X came downstairs when I heard the noise, and went into the kitchen., I.think I Vas upstairs, but I am not sure, I might have been downstairs. \yhen I heard the : loud noise I was in the kitchen : I think so, but I might have been in some of the other rooms. Bridget was in the the kitchen. ■ Mr. Wynn: Where is this Bridget. I submit she o.uglit.to be in Court. The witnesses who havo given their evidence ought to be in Court until the' conclusion of the case. It seems, to mo that this prosecution is most unfair. It is not; what the witness may hear, but what she may state to the other witness while the case is going on. The witness was brought into Court. ; Re-examined: Cross was talking to my niece wlien he was making the noise.' It was hearing the talk that induced me to go out. ■

William McEinstry, a grocer, carrying on business in Po'nsonby Road, deposed: I recollect the house in which Mr! Rodgcrs formerly lived. Ifc was occupied, by llodgers and his family. I recollect the house being burnt down. It.was in'the month,of March. My house was distant about 70 yards to the southward'and eastward, I 'recollect being aroused on the morning of the'fire by/Jane ! South. . 'I was aroused bjr Jane South knocking loudly at my door. I immediately-got up, opened the,bed'-Todm window and inquired; who; was j thete. • She said for God sake -to come quickly; that Mr. Rodg'era' house was on fire/ • I' then partially ' dressed myself and went: I'approached thohouse at the front, and 'perceived there/ was' a rlight penetrating the roof, but T bould' not see Wlaitily as'th'e chim^'inte^ep^ :^y"'TieTir.: l: ft was the.refldction on' l -,the chimney.thati•g'atf.~- 'lrah I'saw MT.'.fiodgers about halfup: tfye,'Tiall—jin','the r 'centre' ; the 'burnirig emberff 'weredipping onihis head. I saw 3 Jane 'Squthat the'sameftime/- ! , She wasstatiding either in' the door .of on the reraJidahO , was busyiiig herselfwitK' thitlgs that faere

There were, a ;few things T lyingabout outside". There was a bundle like ,bed clothes or clothing .on.the verandah, There Jwerei some .'chairs,; ,a table,: anda box, a sort ofp'acking case outside. When-1 went intoithe -house the .first thing I: tried to. i do . was to. remove Mr. Rodgers. As ; I- approached him he ;seemed:, inclined to fall and I assisted in removing him, The fire had evidently: commenced in the upper portion ofi the building, in the. ceiling. -Either m the ceiling or in the roof; of course, . I could not tell. There was a fire to the north and west side of the chimney, and it was .burning to the south and west of that. I could not tell the spot where it had commenced. lam not aware that there is any . upper room: in the house. There is an upper space, because tho house is ceiled. The fire had,commenced on the upper part of the ceiling. It was .burning the ceiling when I entered the house..'-The ceiling was ofwood and paper. There was an attic above the ceiling. There was more fire in the ceiling than in the roof. I assisted in carrying away some of - the furniture. 1 1- had 'no conversationwith Jane South about the fire. I thought-, she was' in her night 'dress. She was in, her. night; dress. X had-a. conversation with/her -about' it. .1 asked' her if she i had ' better not get some covering. , She said she had got something on, and drew her night-dress on;one side; when jl:,saw she had an inner garment on. I did not see the male prisoner there. ; "... - .. ' Cross-examined by; Mr. ! Russell: I saw the principal>-furniture of the ' house in'it when-I got there; The bedroom occupied by ; Mr. Rodgers did not se'em to have been disfcurbedTat all. i The furniture I saw.putside the.-house,was not: more' than a few feefc from it," because I assisted afterwards in removing it; further from the house v It is very Ilkely i that the_;furniture, whare I saw it-first, woulil have ( been burnt if it_had not been afterwards removed.? ; Mr. Eodgers had his shirt and slippers, on; -he: had no-coat or waistcoat.;'' .* r "... ; y Q

- William McKinstry,'son of last-witness, examined by Mr. Brookfield: I recollect - Mr. ledgers'.house being burnt down., Ivj-eut to ttie; place on the morning:, it occurred, between 7idnd 8 o'clock. I saw Stephen; South: there. He i did, not- say-1 anything, to: me that I ,remebaber.'tt ' ' J " : ° Richard Warnock, examined by Mr. brookfield, deposed: I am a chandler [residing..in. Spring Bank.- I'know'the* house'that iwa£burnt down. It was between 103. and 150 yards from my house.. J.havA seen,, Jane South there frequently., I remember the night on which the house was burnt'down'; but cannot' recollect the date.!:il)wasirouseduprod that -morning 'about'; o'clock: u.Bridget Macnamara :roused mei? up. i 1 il got' np.' hnd went •• with; :heic talthe When I got there the: fire.appea'redito. bftiujthei back of the house; da- the"; north-west I aid? ,of> it.-j The r back of the! !house faces I .therwesfct and) the fireVas in the. 1 Corner. .-ii The rooif ;Vvas:burriing.; WhenT gofc to the house 'If sawiMr.. MfcKinstry,! Miss South (the i female rpfrisonet),-i and someother persons—somo of-my brothers. I assisted in removing j the furniture.- f .1 noticed; some boxes and. ! things all about the Verandah'. They seemed'as if they, h'itd been- trailed along tjie fi'qor and'thrown; in th'e I ,"as3isfced r; to r feir'ove'some of these things'.' ' ' They woulA' have' been burnt 1 if I'had not dbne so:' I- Went into one or two of th'e'froht : r6"oms. ; . I did not notice, how the fire' wa j 'burning.-' T was not in ' the place where 1 the fire was burning. I ; helped ; to remove some of the furniture out of the two l front''rooms, where'there was no fire. I did not know who occupied' them. _>•: Cross-examined by -Mr.- Wynn: It was about' three' o'clock when I'came to the spot. 'So fair' as fell under my observation, the house had hot been gutted of "its furniture. I helped to re-, move a chest of draw-'ers, tables, and chairs.' There were nine of us altogether removing ,the" : furniture of the house while the kquse was burning. I first saw Jane South when I went up to the fire. ' She' and Mr. McKinstry were passing the furniture out of the house. She - w ; as in her night dress. Re-examined : I do not kuow whether she had, r any other clothing on besides her night dress. This was the case for the prosecution: 1 Mr. Wynn: ; Before the Case is called—l believe I am not. now strictly entitled t6 : call evidence, but I believe it is the practice -of the Court, in conformity with Jarvis's Act, that witnesses for the defence should be called now.

His Worship: I think there is nothing to prevent it. ' Mr. Wynn: Nothing to prevent it. It is laid down in the p'ractico I think. , His Worship : The Justices of the Peace Act wo go by now, but I think it is almost a ———— Mr. Wynn : It is a mere transcript of Jarvis's Act. What I suggest to the Court is this—the Court, with the consent of my learned friend, will allow us a . quarter of an hour to consult whether we shall call witnesses or simply rely on the observations I shall make to the Court, or whether I shall make any observations at all.' It must be evident to the Court that the evidence is of a very peculiar character. Mr. Brookfield: I have no objection to that, sir. His Worship: Will a quarter of an hour suffice? If witnesses should bo called, of course tlio sooner the better. . Adjourn the Court for ten minutes. Will you clear the court, ser-geant-major. It would'be very: desirable to have a little fresh air, if possible. The witnesses can stop in court. The Court then adjourned for a quarter of an hour. On the Court re-assembling, the whole of the evidence was read over to the prisoners. A discussion then ensued as to whether or not any statement the prisoners might have to make should be taken at this stage, or Mr. Wynn should address the Court.

His Worship said lie presumed they would mate their statement by counsel. Mr;.Brookfield said tlie. strict rule was that they should be cautioned in the usual manner, and then the prisoners'statement taken immediately afterwards. Mr. Wyhn suggested that the Court should listen first to. the statement of Counsel, and afterwards hear the prisoners. He would only call the attention of the Court to the case of Governor Eyre, in which the counsel on his behalf occupied the attention of tlio Court for seven hours, and then the statement of the prisoner was heard.

His Worship said lie presumed tliis course would be adopted. The learned gentleman would say that lie felt it necessary to call the attention of the Court to certain points in the evidence, arid would advise his clients to say nothing. . ' ' r Mr. Wynn: I-did not exactly;say that,-but if I cannot persuade the Court .that there is no case to call upon us to answer, the Court will call upon them in. the ordinary way. My intention now isj.to call the attention of the Court to certain points in the evidence. I do not intend to-day to /occupy the attention of the Court with any lengthy/observations on this case, and this Court is not in the position of a, jury to adjudicate and determine the value ofthe'evidence. , It has been sworn against the male prisomer'by the female witness, who seems' to"be-' very well cared for in the meantime—l must ; say, that facts have been sworn to by her, which I admit at once this Court cannot' determine, the truthor untruth 'of:' She,has.sworn that the /man-attempted three/or four limes'to 'set 1 fire to the ;buildirig,''and ultimately did set "fire to it.' With* regard to him'there i? w iio other course, open to this Court but to commit:,. but; with' regard • to. tlfe'female "prisoner the ! 'eyidfence/does iLbt in any; way .touch Kqr/ There! is 'n!o ; e'vfd^'c'e//that //she ; !l was/;- present/-or; .t'ooK iri'any way'rwjiatsbever pr jpart f in'"the! matter'// I ask; the Court to 1 review.'/that ?evi- j derice; als X'hayfe cvefnlly,/rq- j 'that'girl ißridget iu - any wajr'" touch. ;J fhe 3 fem&lej

prisoner, Jafie South. She says Stephen South aifcempted to put'fire to thehouso three or four, times; and ultimatelv- succeeded ;"-but -in not one tittleof evidence did she showwKere Jane South was. ; . I must aslc the Court to consider is it really likely that these two persons would actually. 'commit' : the offence which involves her life; and she must have kxiowa that such a crime.would involve sentence of death upon her. Air. Wynn then went ' on in an . able address to refer to :.the discrepancies in the evidence, : . and ; ■ the points in favour of the female prisoner. The girl, by her own , evidence, was an accomplice, but whether true or false, that would be for another investigation to: determine. It had been endeavoured to show that the. furniture was removed, and girl swore,- distinctly that she had.seen, some of.-it removed at 4 o'clock in the afternoon—actually in broad daylight. . Were the prisoners idiots, and did they place furniture in the street forthe mere purpose of burning it; The people who had been aroused at B o'clock, ia'the morning and who had assisted in remov: ing the furniture, said that they'took some, of it from the. rooms and some from the other parts of the building", and tliafc if-tliey liad not assisted id removing it,' it \vould have been burnt.' r The female prisoner had gone to tjie house of a neigh-; bour at 3 o'clock in the morning, and asked him for God's sake to .come because the house was on' fire.. iWas that like the act.of one whoha4been : con'ceraedia'setfcingib on'fire. It might, be.that the female prisoner might have; had on 1 more than her mere night dregs.but-it'appeared that she wore only' the 1 usual dress that she Wore ait night; that she was 'aroused, froin her''bed 1 , and that she took the two children and went "to'' a'rieigh.bour's -'to aroase hirnv WaS anything like :guilt? ■ Wasthere any ;chance ior> probability, that any ; jury ,or common.; sensible, man ,would: .come, to. the ;conclusion..that. : the; female prisoner .had. anything to do with this fire ? r And unless the Courfc'felt.that there was ;. a" strongprobability .'tliifc : , conviction '. 1 would; ensue,' it was'its' daty to dismiss the ease'against-' the'femaleprisohei?. '-■'< if/:;: ui v .•His afraid that;the evidenceoffthisj igirl'7 leaves >n'o ' doubt ithat the ifemaler prisoner was,in the hpuse ;; a,t _the time ..the.male! prisoner set ja. re tp r it. . X am. afraid.the ejidence; is 'foci clear ujjop, jfcnat. point. . 'O.t course^j if one 1 part' of that girl's 'evidence'is'-tb'be'* believed, we' must take the whole 'of' it/1 apprehend!;' I/am. afraid there; i's 'no' 'doubt about it. r 'She' says "-she 'pulliad the [bed- to pieces; and thechests of ; drawers were left, which Jane. South coald nofc: Eull.dQwn'.T *With:regar<lto theifpmalepnsOrieii:.' ping alarmed, tUe girl alarmed,as well; as ..J^e, Court, hair iib.j alternativey r and'iit would' be a source of great. pleasure ifjhe Court could say. fro'iii this'ejadence j that the r felnale'prisoner'was; not preseiit.'at the titiie. :j 1 ''

The'^prisoners'fwei'e-'ttien"-'/cautioned' in" the' usual manner by the Clerk of the Court/;an!d ; askedif theyihad anything jto;say.! -r - } •/,'/" • ..Mr. Wynn Nothing* .His Worship,: . There ~13, a .much stronger sentence. In- ,the evidence ' than that/. the 'Court alluded tb'.j; . The ; female" . li'er ; evidence at thfe time 1 the ,'malQ 'prisoner' feet -fire' td/'the''place'in she'says th'afc : J&he South told ; her. that 1 Mr. Bodgers was in; Ms> bedroom:/ / ■i• ::;i -i -j,; Mr.-Wynn: I.desire -to ask,-with:regard:to ; Jane.South, for bail. : Ithink, notwithstanding,, and without,impugning the decision of the Court has come to ' - "- ' | ,'■ . / His Worship •- The Court would Jiave been very/glad if it' could' have come to any other conclusion. :! : : : i . Mr. Wynn': I merely ask with regard to the : female prisoner,: that the Court will admit her. to'bail iat a moderate amount-.'; : ;t His Worship : I think it is a bailable offence.: . VTr. Wynn: It is-bailable., \Mr. Brookfield: It is bailable.'

Mri Wynn: In the infliction of bail the Court always .looks at the' evidence, and the position of the parties before the Court. Of course this Court is not 1 here to judge of the value of the evidence, . It's duty is like; that of a grand jury, and if : the evidence is uncon-. tradicted, it's duty is to commit. I think the Court will consider that this caseis scarcely one in which the evidence, unless further supported, will ensue in. a conviction' against her. I therefore submit to the Court that in fixing bail it should be moderate bail, and not such bail as will amount to an imprisonment, but fair and moderate bail. The Court must, as well as myself, have observed the reports in regard to these matters in the Police Courts at home. The . average of the bail does not exceed. £50 each, sometimes £10, £20, or £25, but rarely more than £50. I have seen it as. high as £1000, but that was commensurate with the position of the parties. ■His : Worship : The Court" is wholly unacquainted with the position/ of these people. Mr, Wynn -. .They have no. means at all. She has only come out lately as what is called an assisted passenger. • ;,. . Mr. Brookfield: I am willing to accede to my learned friend's desire, and concur with him that the bail should be such as to enable her not to be incarcerated, at the same time the Court must exercise a wise discretion in granting' bail. Mr. Brookfield read an extract from a statement made by 'Mr. Chief-Justice Johnson, in which he said the Court must take care not to give the criminal a chance to-escape by a mere pecuniary payment. His Worship said it was necessary to inflict only such bail as would ensure the attendance of a prisoner. . . 1 ■ Mi*. Wynn said the Court should judge from the quality of the evidence and the position of the parties: Therefore, in the present case he asked the - Court to fix: a moderate bail, such moderate bail as the prisoners would be able to adduce.

His Worship : Looking at the position of this prisoner, I think the Court will not be justified in taking less than two sureties of £200 each. Mr. Wynn: Both of them ? His Worship: Nay, for the girl. The prisoners were then fully committed for trial at tho next criminal sittings of the Supreme Court. Mr. Wynn : Will yon allow the prisoners to remain here; until to-morrow morning, to ascertain if bail can be got. , His Worship: Sou have no objection to that Mr. Naughton. . The Commissioner of Police: No, sir, no objection to that. The prisoners were then. removed, and the prosecutor and witnesses were bound over to appear at the trial, ;the first in £100, and the others in,£oQ each.

. lABCENIES. ... : John Snell, pleaded guilty :to having stolen a silver watch, value £2155, from the shop of Mr. Howdfin, Queen-street. : . Sentenced to six months' imprisonment, with hard labor." s, Bridged L'Estrange, also pleaded guilty to having stolen a towel, value Is, from the Sportman's Home. Ordered to be imprisoned for ten days, with hard labor. ■ CIVIL CASES. 1 ' Tho following cases were heard on special summonses:— .. ELjjEY V. H. APPLETONV Claim, £118s. 3Jd., for butchers' meat. Mr., for the plaintiff. Plaintiff deposed' that the amount was due,' and that he knew; the defendant would leave the: colony in' aliout ten'minutes.' j •' ■■' • , : iiii.Es v.'sAiiE. . ;. : .Claim, £5 .10s. for bread.;■ , I ,* !! for plaintiff. ' : ' ! , . | : No appeiurance ofdefenidank . t „: j Y.<ri3gmeiijt'for plamtiff.m both cases, with im-j ■m^dißte,execiltiii>nv : .' : : •. ; > ro«k"'."'' ; '