POLICE COURT.—Thursday.

New Zealand Herald, Volume XI, Issue 3944, 3 July 1874, Page 3

POLICE COURT.—Thursday.

(Before Thomas Beckham, Esq., R.M.] Drunkenness. — Three persons pleaded guilty to the offence of drunkenness, and were punished in the usual maimer. Merchant Siiiwing Act.—John Pinkey was charged with a breach of the above Act by wilful disobedience of lawful commands on board the brig Minora. The prisoner pleaded not guilty, and was remanded until baturday. Malicious Injury to Property.—John Walsh pleaded guilty to a charge of having damaged the overcoat of a person who assisted the constable to arrest hiin. He was lined Is and costs, and order to pay the amount of damage claimed, 30a, or be imprisoned for seven days with hard labour. CHARGE OF INCENDIARISM. The hearing of the evidence in the charge against Alexander Brown, of having set firey to Hobson's Buildings on the 11th ult. was continued. James Wilson was called and deposed : I :v boarding-house in Wcllesley-strctit.

I recollect the 11th of June, —the evening of the fire at Must and Co.'s. I heard the cry of " fire." I was at that time close to Williams's, the sailmaker, in Queen-street, and was between Williams's and Philips's, on the footpath. A man named McMath and some one else were with me at the time. I did not see any person run round by Philips's corner from Shortland-strCet. If any person had run down towards Fort-street I think I should have seen him. I saw several persons in the street behind me and in front of us too. Some people went round Somerville's corner up Shortland-street, and some I came down towards Fort-street. This was before the fire-bell rang. James McMath, who was with last witness on the night of the fire, gave corroborative evidence. Edward Bartley deposed: I am a contractor, carrying on the work of restoring the There is a stone mason named Wm. Christie in my employ. On the morning of the 17th June my attention was drawn to a bundle by the Clerk of Works. The bundle was then lying upon one of the stones in front of the building, and hr.d been placed there by a man named Patterson. As soon as I saw it, I gathered it up together, and took it to the police-station. Inside the hoarding, next to Must and Co.'s, there was a quantity of flagging and blocks of stone. [The witness produced a plan shewing where the bundle was found, and the position of the blocks and flagging, and their relative sizes. This plan had been drawn to scale, and as the witness was certain of its accuracy, the plait was put in" evidence] There was a space of ten inches between the stone and the hoarding, and the place where the bundle was first found is 9 feet G inches from Must and Co.'s door. The stones are of a dirty white colour, but lighter than the bundle. The bundle, in the position it was first discovered, wouldto a great extent be sheltered by the hoarding, the stones, and the side of the building, but it would get a little wet. To Mr. Rees : If the bundle had. been there for five days it must have got wet a little from the rain. The greater portion of the rain came from the N.E., and the great height of the building would afford shelter. If any person had walked along the top of the stones and looked down carefully, the bundle must have been seen; there was nothing to prevent it. The stones marked red in the plan were moved the day previous to the finding of the bundle. Two or three men were engaged in moving the stones. It was raining heavily on the Tuesday when they were moving the stones, and for some time before. Men are not very observant of things around their, and they could have moved the stones without seeing the bundle. The men have been in the habit of going to the corner of the hoarding where the bundle was found since the stones have been removed. Walter Richard Watson (a stone mason) deposed : On the morning of the 17th of June I went to that part of the hoarding marked on the plan where the stones are marked red. When there I observed a bundle in the position marked on the plan by a cross. I gave the bundle a kick, and sent it a few yards away near the plank. The bundle was afterwards picked up and opened. It contained some rags saturated with kerosene, and some paper. Witness, when cross-examined by Mr. Joy, said that he did not believe that the bundle could have been there for several days without getting wet. Win. Christie, a stonemason, gave e\ idence of having found the bundle on the morning of the 17th of June, in the position marked Bon the plan. The bundle when found was about seven inches in length. Witness threw it to one of his mates, who opened it; afterwards Mr. Bartley saw it and took it away. To Mr. Joy : I helped to move away the stones the day before the bundle was found. The mark where the bundle was fumul is close to the corner of one of the stones which were moved. lam of opinion teat if the bundle had been there we should have seen it when moving the stones. It is my opinion that if the bundle had been there from the time of the fire until the day it was found it would have got wet. There was plenty of rain about that time. I was down at the works on the morning after the tire when Detective Jeffrey came down. I saw Jeffrey make a search. We were gathering for work about the time he came down. When I spoke to Jeffrey he was on top of the pacing stones. 1 cannot say whether he searched along by the hoarding, as I did not pay attention to his search. He might have been searching for live or ten minutes. 1 did not make any search myself, or see any of the men searching. To the Hunch : Jeffrey did not tell me that he was searching for a bundle. Mr. Brookfiuld : I am happy to state that that closes the ease for the prosecution. Mr. Roes : Before the case for the prosecution is closed, I would ask that the witness Gleeson should be re-called. She can filvo additional evidence as she knows an additional fact. Your Worship knows that we were taken by surprise by the course adopted by the prosecution, and had to consider whether we should examine her or not, and in doing so Mr. Joy had to tread very gingerly. The Bench remarked that Mr. Joy had displayed great skill in dealing with the witMr. Roes : It has since come to our knowledge (information which wccould not_possibly have obtained before) that Catherine Gleeson can give further evidence. Her evidence is of very great importance in this case. Mr. Brookfield : I have no objection whatever. 1 have nothing to withhold. The Bench : I really must compliment the prosecutors upon the manner in which the prosecution has been carried out. The course adopted by them in calling the witness Gleeson took me by surprise, but I really do think that they rightly. Mr. Recs : I think that tl.e ready assent now given on behalf of the prosecution shews favourably. The Bench : Yes ; it shews that the only desire they have is to elicit the truth. Catherine Gleeson, on being re-called, was sworn, and said : I was examined the other day in relation to this case. I remember seeing Detectives Jeffrey and Ternahan on Tuesday evening after the fire (10th ultimo). I had seen the detectives on the previous Sunday and Monday evenings. On the Tursday evening, when I saw the two detectives in Shortland-street, someone was on the other side of the street. Jeffrey said, " Hallo, here's Broham ; I must go over and speak to him." Jeffrey and Ternahan asked me what papers the family took in, and I told'them the Herald, the Evening Star, and the Jewish papers, which were lyv.tg about. Jeffrey asked mo if there were any bottles lying about, and what land they were. I told him there were no bottles lying about upstairs. He then asked me to search Master Aleck's pockets and sleeves, to see if they were stained with kerosene, or if there was any kerosene spilt about the house. To Detective Jeffrey : You need not laugh, Mr. Jeffrey. Mr. Brookfield : Perhaps you will attend to your own business, Mrs. Gleeson. You nave no business to address any person in the Court. Examination continued : He asked me to go downstairs and see if any papers were lying about, or if any had been taken oft the file. I told him I had never been downstairs, and would not come out again to let them know. I went then inside the house, and went and remained in the kitchen for a while. There were then some pebbles throw u up at the window. This was at 9or after 9 o'clock on Tuesday night. There is no light in the passage leading up to the kitchen, aud it is quite dark. When 1 heard the noise of the pebbles against the window, I opened it and looked out. I saw a person beneath the window.' It was a man. I said, "Who's there ?" The person replied, "Is your name Mr*. Gleeson ?'' and I said " Yes ; what do you want?" He said, "Detective Jeffrey has sent me round f.or some pieces of paper / —all the ptecespf paper that are in the house see if they correspond with those they have found, and pieces of their writing." He asked mc also for the size of the lampburner. .

Mr. Brookfield : I don't object to although it is not evidence. Mr. Rees : I am going to make it very important evidence. Mr. Brookfield : I do not think it would be right to stop it. Mr. Rees : I undertake to make it most complete evidence. Examination continued: I did get the person the things he asked for. I have seen the box now produced in Mr. Brown's house. Where the box is torn I tore a piece off to fit into" the lamp-burner to measure the size of the wick. I cut it to fit with a pair of small scissors, just the same as a wick would. I got some pieces of paper out of the dnst-box, and got from it a piece of the Herald, a piece of the Evtning Star, and a piece of paper like an envelope withsorne writing and sealing-wax on it. I got a page of the Jewish Chronlck out of Mrs. Brown's dressing-room. I took one page and left the other. I rolled them up iu a bundle, and tied them all up with a strip of grey calico and threw them out' of the window to the man. [The wrapper and piece of the Jewish Chronicle found in the bundle were identified by witness as those she had made up in thebundle and given to the man as described.] I could not say who the man was who asked me for the tilings I gave him, and have no idea who it was. Jeffrey had been speaking to me about the lamps on the previous evening. He then asked mo what quantity of kerosene was in the lamps, and where they had stood. 'When I pu -led the bundle out of the window on Tuesday night I c lr >sed the window, and then heard the footsteps of the man as he went away. On the following day young' Brown was arretted and the house searched. I saw Jeffrey after the house was searched at the police-station on Friday night. When I went in lie was "leaking to a policeman, but when he .-(joke to me there was no person present. I ,'sked him to leave a letter with Hawkins (who is in the gaul) fur me. I luul had some conversation with him about Hawkins on the Sunday night after the tire, when I first saw him. On Friday night 1 asked him to leave the letter for me, and he said he would, and get me an answer. He tusked mc what way the family were about Master Alick. I told him that the house was in a regular uproar about it, and asked him not to bring my name into it, and he said lie would not. I then left. On Sunday morning last I again saw Jeffrey at about S p.m., near Quick's Stables, by the Victoria Hotel. T asked him if he had loft my letter, and he said, " No," he was too busy with Brown's ease. I told him Mr. Joy had been at Mr. Brown's, and that he asked me what talk I had had with him (Jeffrey). I told him that Mr. Joy had asked me about the papers, but I had not told Mr. Joy all. I told him that Mr. Joy woidd break him down with his evidence if he did not mind what he was about. He said, "He can't, unless you tell him anything." To Mr. Brookfield : I do not remember that 1 told Jeffrey that Mr. .Joy said he would knock Air. Broham into a cocked hat. [Mr. Rees : Make a field-marshal of him, I suppose.] I did not tell Jeffrey that Mr. Joy had said something about giving me £50. The man I wanted the letter to be given to is found guilty, but not sentenced. [Mr. Rees objected to this line of examination.] I told Mr. Jeffrey that I got £50 for getting the man convicted, and should ask Mr. Joy to make an application for a further reward to me.' I picked the papers the man asked for out of the dust-box. The detectives did not tell me that a man was coming. The window of the kitchen looks into a passage by the two houses. It is a thoroughfare, and 1 often hear people walking up and down the passage. The door of the private house leads into Shorthand-street. The passage is perfectly dark. The window was about .seven feet from the passage. The conversation occupied a few minutes only. I first made the statement to Mr. Joy yesterday. I had r.ot told any person about it before. I asked Mr. Jeffrey on Sunday night if he got the paper right, and he said, " That's all right," and went off. I did not until last night tell anyone about the man eomirg. I did not want to get myself into a row with the family, iam still in their service. I did not tell Jeffrey about the man having come. I did not tell Jeffrey about it on Friday because I wanted, to get away from the station without being seen. Jeffrey shepherded Mr. Brown while I got away. On Tuesday night Jeffrey asked me what papers the family took in. He did not say what papers ho wanted. The Jewish Chroiiico: was in Mrs. Brown's dressing-room. There were only two sheets, and I took one of them. There were pieces oi Jewish Chronicle all over the liou-e, but that I gave- was the firat that came to my hand. The dust-box was nearly full of rubbish, as I had missed emptying the dustbox that morning. To the Bench : I had given Mrs. Brown notice, and was to have left last Monday, but Mrs. Brown was too ill, and 1 could not get away. 1 did not give the. ru:m anything besides the papers and the piece of calico they were wrapped in. This closed the case for the prosecution. Mr. Joy : It has now come to the time to make any application to yoi-.r Worship. With the permission of the Court my learned friend and 1 desire to have an opportunity to consult together with regard to the defence. Wc shall be prepared to proceed tomorrow to put our opinions before your Worship ; or, if desired, we will commence this evening, but the case cannot possibly be done justice to this evening without our stopping here until six o'clock. His Worship : I should object to that course altogether. The ease requires strict attention, and to sit in a Court like this, crammed as it is from day to day, with a fietid atmosphere, is absolutely injurious to health. Justice Johnson says, "It would seem open for the .Justices to hear counsel for the accused before determining' whether they should discharge the accused, or caution him .",nd call on him for '-n Answer: but it also seems that the Justices may refuse to pursue this course." But Justices never do refuse to pursue that cour=f. I think it always advisable to hear what counsel has to say. This would be the time for the Bench, if it is essential they should do so ; but I think, perhaps, with th :■ consent of tho prosecutor, it will bebjst to adjourn the case until to-morrow ; at all events, so that the counsel maycon-ult together as to the course they will pursue, or a • to what they will say. The case was adjourned until to morrow (Friday) morning.