OTAHUHU R. M. COURT.— Tuesday.

New Zealand Herald, Volume XVI, Issue 5373, 5 February 1879, Page 3

OTAHUHU R. M. COURT.— Tuesday.

[Before It. C. Barstow, Efl}.. R.M., and J as. ltubertson, J.P.J WHEAT-BURNING IN THE OTAHUIIU DISTRICT. Thomas Isitt, alias Fidgett, was brought up, charged with setting lire to certain stacks of corn, to wit, four of wheat and three of oats, tho property of Thomas Rogers, farmer, of I'apatoitoi, on the morning of January 25, 1579.

Sub-Inspector Pardy prosecuted on the part of the Crown.

John Gordon, sworn, deposed : I am a labourer in the employ of Thomas Rogers, residing on part of Mr. Rogers's farm, called " Macky's Farm." I remember the night of the 24th of January. I saw some stacks on the farm. It was the first day I went to Mr. Rogers's, The stacks wero all safe when T went to bed, about half-past 0 or 10 o'clock at night. About half-past 4 in the morning I was disturbed by some Maoris. I got up and went out, and saw the stacks all on fire. From the appearance of the fire at that time, each stack must have been set fire to separately. They were situated about six chains from the road. As far as my knowledge goes, the stacks must have been set fire to.

Cross-examined by prisoner : I have seen you before. I saw you about twelve months ago on the west side of the Waikato River, about three miles from Cambridge. I took particular notice of you then. I know nothing of you in connection with these stacks. Thomas Rogers, farmer, living at Papatoitoi, deposed : I have two farms, one called Rogers'*, and the other Macky's. I live on what is called Rogers's farm. The distance between the two houses by the road is over a mile ; as the crow flies, three-quarters of a mile. I remember the 24th of January last. I had some stacks of corn on Macky's farm. I saw them on the evening of the 24th, and they were all right then. I am well acquainted with that portion of the Great South Road wheie the fires have beeu. The sketch putin, marked A, gives a fair representation of the locality. There were two rows of stacks, about five yards apart. When I went to bed about 10 o'clock, the stacks were all right. Early in the morning I was called up by my son-in-law sayiug that the stacks on the far farm were on fire. I went over there with all hands as quickly as possible. The stacks wero each about equally on lire. They were on fire all round. There was no chance of putting them out. I valued them at from £1000 to £1200. I left soon after for Otahuhu, to give information to the j)olico, and in passing Mr. Taylor's farm saw his haystacks on fire. I could not see the constable, as he had gone to Papakura. I learned at the Criterion Hotel from old Garrett that a man had passed through, who said that ho had been walking all night, and asked him for the loan of some matches. I then rode into Auckland, and reported the matter to the police, and returned to Otahuhu along with Detective Jeffrey. On arriving at the railway-crossing at Peurose, wo met tho prisoner. I said to Jeffrey, "This is the man." Jeffrey said to the prisoner, " You will havo to come back with us." Tho prisoner said to Jeffrey, "Who are you?" Jeffrey answered, " You know who I am." The prisoner said to me, 44 Who are you —you are not a policeman," and began to use very violent language to me. He said that he did not setf stacks on fire. Neither Jeffrey nor myself had said anything about the fire to the prisoner at this time. Detective Jeffrey got off his horse and searched the prisoner, and found some blucheaded matches and some grains of wheat in his pocket. We brought the prisoner to Otahuhu.

The prisoner cross-examined tho witness at great length, but the questions were of a very irrevalent nature. The Court had to put a stop several times to the questions asked by tho prisoner. Samuel Morrison, blacksmith, deposed: I on the Great South lioud, about a-quarter-of-a-milo from Rogers's house, and about ono and a-half miles from Macky's farm. I know Winter's farm. It lies betv.*r~n my place and Rogers's. I recollect the mo./.. ; of the fire. I got up at five minutes past 4 «• :ock a.m. and went outsid •, when I saw a glai" in the direction of Stoddard's farm, which a; joins Rogers's. I did not see anyone at the time. I went upthe Great South Road to get my pony, and about fifteen minutes after I saw a man coming towards mo from Rogers's. He was between Rogers's and White's. When I saw him coming round the bend of the road, I thought it strange to see a man at that time in the morning without a swag. I waited till he came up. It was the prisoner. I spoke to him, and asked him " What fire is that?" pointing in the direction of it. He said, "I have been travelling all night, and they have been burning scrub all round tho country." I took out my box of matches to light my pipe, and he asked me

for one to light his pipe. I gave him one —it was one with a red head. He did

not light his pipe in my presence. I saw no pipe with him. He went in the direction of Otahuhu—that was in the direction of Taylor's place. When he had gone about 50 or CO yards he sat down for about three or four minutes. He then walked on in the direction of Taylor's place. Taylorto/.place is rather over half-a-mile from my place. I could not see Taylor's from my place, owing to the high trees. Shortly after this I saw Mr. Rogeo pass. From information I received from Mr. Markie, we went in pursuit of the man whom I identify as the prisoner. It would be about 20 minutes to 5 o'clock when I lost sight of the man. "When got to Taylor's his stack was on fire. This witness was also cross-examined by prisoner, but nothing was elicited to alter the evidence.

Joseph G. Little, landlord of the Thistle Hotel, Auckland, deposed : I recollect the 25th January. I had some business with the picnic at Papakura. I started from Auckland a litclea fter four o'clock a.m. On going along the South Road I saw a haystack on fire, which I have since learned was Mr. Taylor's. There was a streak of flame about eighteen inches wide the whole height of the stack. The wpot where I first saw the prisoner I hare pointed out to Detective Jeffrey. It was on the Auckland side of the fire. When I met the prisoner I saw no one near the haystack but the prisoner. When I got up to Rogers's farm I saw a lot of stacks on tire, and when I passed the Raglan Hotel I saw another stack on fire. When I saw the prisoner he was eating something which I took to be fruit. I have not the least doubt but this is the man.

In cross-examination by tlic prisoner, the witness said : From the state of the fire, and the place I saw you, it is quite possible for you to have set fire to the stack. I saw no one but you who could have sot fire to the stack. When I saw the fire, my impression was that you had been sleeping under the stack, and in getting up had lighted a match, and so set fire to it. Bridget Shadwick, who was in company -with Mr. Little, gave corroborative evidence. William Saxon, sworn, said : I am a farmer residing at Otura. I remember the morning of the 25th of .January. I got up a little before 5 o'clock. As I was going down the paddock, the first thing I observed was smuke in the direction of Mr. Taylor's. I immediately ran to the place, and when I got to the stack I found the south end of it on fire. Tharo was no one about the stack when I first got there. I came across Mr. 13aird's field to the stack, and saw no one on the way. I saw a buggy going up the South Road at the time I was ruuning across. To the Prisoner : I never saw you till this morning. Charles Pratt, sworn, said: I am % farmer, living about half-a-mile beyond the Raglan Hotel, in the Mauurewa Highway District. I know Mr. Rogers's farm. I live from between two and a-lialf miles to three miles on the Papakura side of Rogers's farm. On the 25th January I had tWQ stacks of wheat burnt. I believe they were set fire to. It would bo between midnight and five o'clock in the morning when they were set fire to. To the Prisoner : I know nothing of you personally in connection with this fire. My two stacks could not have been destroyed accidentally, as they were 15 feet apart, and were well raked between. Michael Garrett, labourer, sworn, said : I live at Otahuhu. On Saturday, the 25th of last month, I was up between 4 and 5 o'clock a.m. Shortly after 5 o'clock I saw the prisoner, and bid him good morning. He sat down on Mr. Hall's verandah, and asked mo for a couple of matches. I gave him two matches. Ho told me he was travelling all night, and had come round the road from Howick, that he was tired, and had had a rest at the blacksmith's shop at the Scotch Church. Minnie Lomas, sworn, said : I am at service at Papakura. I saw the prisoner pass the store about 12 o'clock on Friday, the 24th January. He came up close to me, and asked me where the constable lived. I shewed him the house. He then turned round, ami said roughly that he did not want the constable. To the Prisoner: I don't know why you asked me where the constable lived. You then walked on towarih town. Detective Jeffrey, sworn, said : I rccollect Saturday morning, the 25th of last month. I received information from Mr. Rogers that several fires had occurred along the South Road, and one of them had burned some of his stacks. We loft together, and came along the Great South Road, aud met the prisoner at the railway crossing at Penrose. I told him I was looking f° r him, ami he would have to go back to Otahuhu. lie said, "If you are a constable I will go back with you ; but who is this oldlooking ?" looking at Mr. Rogers. I got off my horse and searched him, and found four blue-headed mutches, and some grains of wheat, and' four peaches. lie said, "What have I got to do with your stacks?" No mention had been made by me or Rogers about stacks or fire at this time. I brought him to Otahuhu, and charged him with setting fire to seven stacks belonging to Mr. Rogers, He told me he had come that morning from the sirithy near the Scotch Church ; that he had been to Hamilton to see a man that owed him money, but he would not pay him. He also said that he would not be afiaid to burn anyone's place that would not give him work; that lie had asked Rogers for work, hut he told him that tbe Europeans wore asking too high wages, and would not give work, ami by he would not stand such treatment from anyone. lie stated several tim*s in the lock-up that "If I am discharged I will burn half of Queenstreet." [Detective Jeffrey gave the accurate measurement of the distances between where the prisoner was met by Mr. Little and Rogers's farm.]

Francis "Winter, farmer, living at 'Papatoitoi, Great South Road, sworn, deposed : The prisoner came to my house lookiug for work about G p.m. He stayed nil night, and I gave him employment next day. My men had been working hard all day, and I gave them a of grog at night, and also the prisoner. Prisoner asked me if I would pay him at night, as ho would not work for any who would not. I agreed to do bo. He worked one day, and then went to Mr. Rogers. I visited the prisoner on Sunday, the 2Gth, in the lock-up. I asked him what Mr. Rogers said to him. Ho said that Mr. Rogers told him he had no work for him. He also told met hat he had slept under my stacks on the Friday night. I said to the pri soner that it was a pity that Rogers had come by such a heavy loss. The prisoner said that it was a pity Rogers was not pitched into it—meaning the fire. He also said thaw if a man would not pay him his wages, he would not think any thing of burning his place.

George Matrkie, sworn, said : I am a carpenter liring on the Great South Road, Papatoitoi. I know the prisoner. He called at my place about half-past 5 p.m. He asked for a drink of water, which I gave him. lie also asked for some mutches and a pipe, which I also gavo him. He than sat down on a dray at which I was working. I asked hiin if he was looking for work. He 3aid he was. I told him I thought hs could got work at "Winter's, and he asked if I thought he could get his money wheu the work was done. He said, "Those who don't give me work I will burn their places down, and then burn the country down, as X have done before." I said that was wrong. I would rather go and ask them to give me a feed. He replied, u I don't care a , I will burn their places down."

TliDmaq McGahou sworn, said : I am a gauger, employed ou the railway near Mercer. On the 23rd January last, I was there working about-a-quarter-of-a-mile this side of Mercer. I saw the prisoner there on that day. Ho was passing by. One of the gaugers asked him if he was going over to the mill to get a job. He also asked him if he had not been there before. The prisoner said, M No." He afterward said that any man who believed in religion, he was frightened to steal, or frightened to burn a house. I replied, "Do you not think that wrong?" H said, "No; I will do all I say if lam pushed." Ho then went in the direction of Auckland.

Two other witnesses were examined, but their evidence was not of a very material character. After hearing the evidence read over, the prisoner made a long statement, and after hearing it read signed it. His Worship reserved his decision until Tuesday next, at 10 o'clock.