LAW AND POLICE.

New Zealand Herald, Volume XIX, Issue 6370, 18 April 1882, Page 6

LAW AND POLICE.

John Harvey, foreman of the Fire Brigade, deposed to goiug through the burning premises. He deposed that the places on tire appeared to be independent and separate. The witness described the positions of the several scats of fire. John Clarke, junior foreman of the Fire Brigade, deposed to being present endeavouring to put out the fire. He saw a lot of rubbish such as Yankee broom heads, candles and other stuli at the foot of the partition. He handled it, ,-uid found it had a yreasy feel. He noticed two broom heads —only the heads. Mary Gamier deposed that she lived m the third house. Her house was filled with a dense smoke accompanied witli a strong smell of smoke. (A music book was produced which was blackened over on the pages that stood open.) A witness named Lloyds, from the Bay of Islands, who was stopping temporarily at Mr. Garnier's, deposed that the smoke curie into his bedroom. It was a dense smoke, and smelt strongly of kerosene. Emily Birch and Agnes Sutcliil'e were examined as to the exact time tiioym'-t the prisoner, immediately before and at tor the alarm of fire. _ t Simon Coombes, landlord of the Forresters Arms Hotel, deposed to seeing the reflection of fire from the back of the premises. A short time afterwards the fire burst through the roof. Elizabeth Williams was re-called to speak to the circumstances of all three parties, the witnesses leaving for the wharf. She said she had before takeii the child to Mrs. Keegan's. She further s-iid that she had seen cases in the shop in which kerosene tins used to l:e kept, but she could not say whether there were any kept there at this time. In answer to several questions, she said tin: police paid her board and lodging until the trial was over. She lost her clothes in the lire. She got 10s to buy a pair of boots from Detective Strathern. She admitted saying she was I to get I'lO for giving evidence for the proseI cution, but that was a joke. She expected to get her expenses after the trial. Sin; had waited long enough. She was brought from Whangarei to give evidence. James Dempsey, rc-called, deposed that he sa'.v the prisoner during the lire, who said he h;ul two files of bills, one of " unpaid" the other of '-paid." B-ing a.ikod where they were, the prisoner said he had the key and got them. Detective Brennan was examined as to conversations with the prisoner, and as to arresting him on the 2Sth of also the conversations about the " bill files.' , Mr. Hesketh opened the case for the defence. He said he would produce evidence to show that the witness, Elizabeth Williams, must have been mistaken ; that she said she had not given a true account to the detectives when she said that Merriek

♦ m SUPREME COURT.—Ciii-MiNAi. Sittings. a j Monday, April 17. T [Ucfore Mr. Justice Gillies. 1 3« Hi.s Honor took his seat en the Bench at 10 o'clock. *■> AUSON. TIIK ALHERT-STREET FIRE. in Joseph Merrick, formerly a grocer and ri dealer, in Albert-street, was arraigned upon o: an indictment, charging him in four counts, pi with having on the Ist of January (I) fcloni- a ously, unlawfully, and maliciously set tire — to a dwelling-house, with intent to injure ; (2), with iutent to defraud; (3), with t> feloniously, unlawfully, and maliciously d setting fire to n. shop, the property of James s> Dempsey, with intent to injure ; (-1) with rl setting fire to the same shop with intent to P defraud. Mr. Hudson Williamson appeared, for the 1: Crown, and Mr. Edwin Hesketh defended A the prisoner. n The following jury was empanelled to try a the case :—Edward Waters (foreman), William Speakman, William Kean, Andrew Pitt, e Charles Clark, W. Dodgein, -J. H. Hone, p Ralph Piekmere, Samuel McCroskie, T. a Aickin, E. Bovey, and H. W. Cooper. Plana were put in of the building and t block of buildings of which it formed a part; o also of the plan of the house occupied by s the prisoner, and sketches of the adjacent t streets. The Crown Prosecutor opened the case to t the jury. Tlie following is a summary of \ the evidence, which has been already pub- 1 lished in full. James Dempsy, contractor, and owner of s the block, of which the prisoner's shop and 1 dwelling-house formed a part, deposed to • the correctness of the plan. lie went '- through the house after tlie tire. lie also 1 saw the place when it was on firo. The ' ilaines were coming out of the back door oi ;

the ground-door and the back first-floor • window. The flames were not "licking" I the wall plates of the building, but burning j < outwards. Upon examination of the promises ho found that the burning was chiefly away from the fireplaces. There were the tracts of "liijuid tire" in one of the upstair rooms. In the chest of drawers upstairs there were no articles of any value. The witness said that the damage done to the buildings by tire was about £500. They were insured for"£36o, and he offered the company £100 if they would replace them. The witness described generally the appearance of the rooms. Tho prisoner was tenant to witness, paying £1 5s a week rent. George Jones, local agent of the Royal Insurance Company, deposed that the premises were iusured in the Royal, under three " heads,'' household furniture £40, stick and trade £15'.). shop fixtures £10, nuking in all, £-200. The prisoner sent in his declaration, and proof of loss, and made his claim on the 11th of January. Ho claimed £195 !)s 3d, and £157 12s 3d was paid to him. He claimed £112 10s 3d on stock, and £107 l'2s 3d was paid to him. The other heads were paid in full. G. Fulton, an insurance agent, reported upon the proposal for a policy of insurance. The shop was fairly filled with stock, and the furniture, including boxes of apparel, &c, was equal to the value put upon it. Elizabeth Williams, a domestic servant in the employment of the prisoner, said that eu the' day and evening she had performed her ordinary duties. A few minutes after twelve she left the house with the prisoner. When she was turning the key in the door the prisoner said, " Give me tho key ; I want to go back for my coat." He went to get his coat. He came out again, and said that I might go, as he wanted to go through. Mrs. Merrick had gone over to her mother's, and when witness went to her she was dressing the baby. They (Mrs. Merrick and witness) started to go down the wharf to see the fireworks, when they heard the alarm of " Fire 1" Somebody called out that tho Black Bull was on tire, and upon going back Mrs. Merriek cried, "My God! my house is on fire." There were volumes of thick black smoke coining from the premises. The witness did not think the prisoner had forgotten his coat, because she told him that ho did not have it. She could not say whether the prisoner heard her, but he seemed near enough to hear. She remembered Mrs. Merrick taki.ig the " bill files" out of the room. Annie Birch, a married woman, living in Moore-street, deposed that she was with her husband on the night in question. She heard the alarm of fire, and saw black smoke issue from Merrick's. She went and knocked at the door to inquire whether tho children were there. The prisoner opened the door and spoke to her. She could see him, although she could not see into the house. When he told her that the children were not there, sin: went away. This was as nearly as possible about twenty minutes past twelve o'clock. Harry Birch and William Gibson gave similar evidence. They agreed perfectly as to the time of the alarm, 1 - _MS a.m., or thereabouts, and also as to the dense " black" smoke which issued from the burning premises. The night was fine and clear moonlight. John Hughes (Superintendent of tho Auckland Fire Brigade) deposed to the alarm of fire, and finding the back part of the premises on fire, extending to Garnier's place. The fire was travelling through the roof. He put out tho fire with his men, and examined the premises. Went up the back staircase into the upper rooms. Woutintotho tirst room on the left, and found that there had been a separate fire in that room. There was all through a strong smell of kerosene. He observed when going to the fire that the smoke was different from what it should bo from such premises. Made a further examination on Monday morning at daylight. The premises were left meanwhile in charge of Captain Butler (of the Salvage Corps). Found traces of inflammable matter, which appeared to have been thrown from tho back sittingroom on to the lloor. The traces of fire did not proceed from the ordinary fireplace. There was a hole burnt through at a point near the staircase. The "treads" of the staircase were more burnt underneath than from above. The two front rooms were not burnt, but there were stains of grease on the floor. These stains were very noticeable. In the bedroom there were two holes burnt, but having no connection with each other. There was a, stained margin to each hole. The chest of drawers were charred, but they could not have been charred from any fire in that room. The bottom, the legs, and top of the chest of drawers (produced) are quite clean. I cannot account for tho appearance except that it (the chest of drawers) was covered with some inflammable material and fired. There was a washing-stand at tho other sideof the window that was charred. At either side of the back-door downstairs there was a channel burnt through by some inllammable burning liquid. (The witness was examined upon the plans, and upon portions of the building and furniture produced.) The corrugated iron roof was covered with something like lamp black on one side, the other side was quite dry, except the marks of some liquid stains. (The plates of roofing produced appeared as if one side of them were polished.) The witness deposed positively that there was not time to burn to tho extent during the period from the time the alarm was given till the Brigade reached the fire, unless aided by inflammable material. Captain Butler, of the Salvage Corps, and Mr. David Clements, of the Black Bull, being too ill to attend, their depositions were read.

ivaa last in the house ; that there was the greatest difference of testimony as to the time when Merrick left his store : that some of the witnesses had examined the premises the next ilay after the fire, and no trace could be found of any kerosene. He would show that Merrick was under no temptation to commit such an olfence ; that he was

entitled, with his brother and sister, to a division of funds, which would procure him greater resources than what ho could have received. There would bo evidence to show that the lire might as likely be the result of accident as of a deliberate act on the part of the prisoner. Lucy Keogan deposed to being in the prisoner's house from 0 in the evening to 12 o'clock at night. She went down the wharf, came back and saw Merrick coming from the house. The witness, William:--, was taking the child to Mrs. Keegan's house. She heard Williams say that she had not told the detectives the truth, when she said that Merrick was last in the house.—John Keegan, a master mariner, was at Merrick s house all that evening. Helped him to put up the shutters. It was ten minutes after \2. Went to his mother's house. Williams came to the house. This witness brought the time of the alarm to a quarter to 1. Ho said he tirst saw smoke come out of one of the lower windows, but none out of the upper story. Afterwards it came out of all the rooms.

Jacob Merrick, brother to the prisoner. I proved that there was i'.SOO in the batik to be divided between himself and brother (the prisoner) and a sister. That the prisoner had other property and soire money (CSO) in the Saving Bank. The prisoner was not in difficulties. There was no reason why he should have set his place on lire in order to get money. Thomas Webb, Daniel Edwards, and John Maeanniny deposed to seeing the tire lirst come from the lower room. Randall Alexander Lusher, agent of the Royal Insurance Company, deposed that he went through the premises after the fire. Messrs. Half, for the stock, and Mr. Winks, for the furniture, were appointed valuers. Witness was with the valuers when they were making their valuation. The prisoner gave every assistance. Witness was perfectly satisfied that there was a loss to a greater extent than the amount claimed. Kuniture would include boxes and clothes. Witness thought he saw a portion of a violin, but he was not certain. Cross-examined : Examined the premises on the 4th. Saw some cases in the backroom. He would not take much heed to things that were not covered by the insurance. (The witness read a list of the articles which lie found more or less burnt on the premises, including spring sofa, round table, clock, beds, and other articles upstairs, palliasses, bedstead, bed-clothing, wearing]apparcl, &e.) The claim was paid in full upon the furniture, the only reduction was upon the stock. T. H. Hail deposed to his valuation upon the remains of the stock on the premises after the tire. Witness did not consider the claim of Merrick an exorbitant claim. Tlie accused was present a portion of the time. Nothing appeared which would lead him to advise that the claim should be resisted, lie advised that tiie claim should be paid. The witness was cross-examined upon the items of the claim sent in by the prisoner. Jonathan Winks deposed to the particulars of the remains of the furniture on the premises after the tire. William Ayre deposed to going into the place, and seeing a hole in the tloor, where i he believed the fire originated. He took up a lot of the stuff, and showed it te Detective Jefl'rey. There was no smell of kerosene there. The wife of Jacob Merrick deposed that Elizabeth Williams told her that the (ire was her fault. That it would not have occurred but that she was in such a hurry to get out she did not care how she left the place, so long as she could get out. That she (\Villiams) swept up some embers, and put the broom behind the door. Arthur Wymiss Austin, clerk in the Bank of New Zealand, proved that there was £87 to the credit of the prisoner in the bank. In cross-examination, he could not say whether the prisoner had any debts. Mr. Hesketh, in his address to the jury, said that the time when prisoner and Williams left the house was an important element in this case. He contended that the balance of the evidence was in favour of the view that both left the house together. There was evidence to show that he might have left first. There was not time for the prisoner to have made the preparations which formed a part of the theory for the prosecution. As to .Superintendent Hughee' theory, it was too positive, too absolute to recommend itself to the jury. It was in evidence that the ceiling

was burnt, and the falling burnt matonal » winch the roll was prepared, with the er mirrht have fired the separate places. hat do- ception of the above omission. His Honor y r strayed the theory of distinct firing different bound to express his disapproval of the 100 I places. Than there was the witness Mrs. manner in which the secretary of the p^ Birch She was asked several questions m Highway Board had copied the roll fo/Tj cross-examination. , district, also commenting severely up™ 1 His Honor : On the contrary, she was fact that the roll contained no declar at hardly cross-examined, only one or at most or valuer at the termination. Hi 3 Uo2 two questions were put to her. ordered a foot-note to be added as f ollo °^ Mr Heskcth- lam sure that I put to her — I resented before me this day, bv \ ' a dozen questions. lam clear. Heart (acting on behalf of the f^ His Honor : That is scarcely respectful. County Council), as a copy of the v a l ua C Mr Hesketh ■I am hound by your Honor s roll of the Paparsa Highway District f notes and I asked that witness a dozen the year ending the :;ist March isc,™ questions. . ' Jlle mU \ "*™ then initialled L His Honor ■ There are not five answers in signed m the usual manner. Mr. Heart laM the whole evidence that I have not on my before His Honor amount of expe * * notes. . , v attond.Mg Ue said Court, which were ordered Mr Hesketh : These five answers might to be paid, and signed . J bo those of this witness. Correspondent, April 14.] ' 1

Mr. Williamson : My recollection is in accordance with your Honor's. In fact, I was surprised that my friend did not crossexamine that witness. Mr. Hesketh : Then as to the object the prisoner co.ild have in doing such an act, who did he intend to defraud? The insurance company were satisfied. They paid the money. Their valuers made a full report on the stock and furniture. They were satisfied. He was a loser to the extent he claimed. Then as to the suit of clothes. It was no; proved that the prisoner, after all these preparations to burn with kerosene which he must have made, had the slightest taint about: him of kerosene as to that suit of clothes bought from Leek.

His Honor : Why press a point that is abandoned, at this hour of the night?

Mr. Jlesketh : I press it because it was abandoned only at the last moment. Why have not the police produced the clothes? But, gentlemen of the jury, I contend that there is no evidence to show that the prisoner could have a motive to defraud or to injure. But the prosecution said he might have been in debt. If they thought that it was open to them to prove it in the same way that this man was able to prove that lie was not in dillicultics. I leave the case in the hands of the jury.

Mr. Williamson : I do not think it nr-ces-sary to ail dress the jury. His Honor, in summing up, said there were several facts undisputed, as, for instance, the dense smoke, showing that the (ire was being fed by some inflammable material. The girl Williams gave her evidence in a thoughtful manner ; that favoured the conviction thn.t she was speaking the truth. He thought the theory of Mr. .Superintendent Hughes was somewhat far-fetched, and that the counsel for the defence took the right view of it. As to the intent to defraud, there was absolutely no evidence to show sitcli an intent. As to the intent to injure, there was only the evidence of some casual re:nark made at .some considerable distance ol time. Indeed, his act was calculated to injure the prisoner himself more than anyone else. The jury should, however, take the whole of the evidence into consideration, and give their verdict according to the reasonable interpretation to put upon the facts deposed to. The jury retired to consider their verdict at a quarter past 11 o'clock. They returned into Court at 11.35 with a verdict of "not guilty." The announcemonu of the verdict was received with an attempt to applaud. When the prisoner was discharged there was a farther attempt to applaud, which was speedily suppressed. The Court adjourned at 20 minutes to I' 2 o'clock. Tuesday's Bl*sine<-;.—The charge of bigamy against Elizabeth Darrah, and the remaining indictments against Vo.vless will be tried to-morrow. POLICE COURT.—Monday. [before J. E Macdor.iH, Esj., R.M.! DrxNKE.vNKSs. —James Tanner, who was brought up on a charge of drunkenness, was remanded for medical examination, as he appeared to be of unsound mind. Two others I were punished for ordinary oii'ences.

Siiii'i'iNi; and Seamen's Act.—Francis Bartley. Nils Xelson, and Carl Lawson were charged tinder the Shipping and Seamen's Act, by being wilfully ui.sobeuie-.it to lawful commands on board the ship Arabella. Sergeant Gamble asked for a remand till Thursday. The men had only been arrested that morning, and it was probable a more serious charge might be brought against them. The remand was granted.

WIFE-EEATlNi;.—John Smyth was charged with assaulting his wife, by striking her, and throwing a candlestick at her. Defendant said that he had no recollection of it. Mrs. Smyth said he was beastly drunk, and rushed at her, struck her. and Hung the candlestick at her. He also dragged her two sons out of bed to fight. They finally put him out of the house, and lie then threatened to shoot them. All the money he earned he drank, and cave no support to his family. A son of the plaintiit' and defendant gave corroborative evidence, lie was bound over to keep the peace for fourteen days in his own bond of t'lo, and a surety to a like amount. Vagrancy.—John Beaton was charged under the Vagrant Act with making use of indecent language on Breakwater Koad. Mr. Laishley for the defence, pleaded guilty. The defendant was a bushman, just come to town, and was on the spree. There was a charge of stealing a bottle of beer, worth ."d, the property of John Ar.gelo. In regard to this case Mr. Laishley commented on the trivial nature of the charge, and pleaded the S"2nd section of the Act. Sergeant (Gamble said the police had no desire to press this charge. The defendant said that lie had only been one day in town, and he meant to return to Tairua to-night. The case was adjourned until next day, to give the defendant on opportunity to go away. If he did so, he would not be required to appear. ASSESSMENT COURTS. The Assessment Court for the outlying districts of llobson county was held at Dargaville on Thursday, Oth instant, at noon. Present : Mr. A. Bonar, Judge; Mr. G. E. Sanders, clerk of the Court ; and Mr. J. F. Beart, clerk, &c., of the Holison county. There being no objections oflered, the roll was handed to the judge by the clerk of the county. The judge, after carefully inspecting the same, commented upon various points, and expressed his disapproval of the term "gentleman" appearing upon the roll in the column of occupation, and also stated, considering the experience the valuer, Mr. Thos. Webb, had, he should have known better. The parties owning the property referred to should be designated " squatter,'' " runholder," or " settler :" also the style of writing out the roll was very slovenly. He however initialled the various alterations, and sicned accordingly.

On Tuesday, I lth inst., the Assessment Court sat at I'ahi, for signing the rolls of the Road Board Districts for the county. Present : A. Bonar, Esq., Mr. G. K. Sanders (Clerk of the Court), Mr. F. Beart (Clerk of the County), and Mr. A. Fisher, Jan. (of the Matakohe Highway Board). Mr. Beart (acting on behalf of the llobson County Council as clerk) laid before His Honor the rolls of the various ridings, viz., Matakohe, Okahu, Wairau, Taparoa, and Pukekarore. His Honor, after carefully inspecting each roll, desired Mr. Fisher to insert in the Matakohe roll the term for which the said roll was made, viz., for the year ending 31st March, ISS3, which was done. His Honor then complimented Mr. Fisher upon the very creditable way iu