CHARGE OF WILFUL FIRERAISING.

New Zealand Herald, Volume XXIII, Issue 7657, 7 June 1886, Page 5

CHARGE OF WILFUL FIRERAISING.

At the Warkworth R.M. Court on Wednesday last, before J. S. Clendon, Esq., R.M., and Messrs. J. B. Jordan and M. Angove, J.P.'s, Thomas Elliott was charged by Constable McLeod with having, on the Ist February, ISB6, wilfully set fire to some teatree and scrub on land belonging to James Clayden, of Mahurangi. Defendant pleaded not guilty. J. H. Goatley, settler, Mahurangi, deposed that on the day mentioned (about ten o'clock a.m.) ha saw smoke on each side of a gully between the farms of Clayden and Young, and near a track which he believed was a public road. He saw no one about. Alfred Hooper, settler, Mahurangi, deposed to remembering the fire on the Ist February, which he had to pass on the way to his work. He saw two people about a quarter of a mile off, but could not distinguish who they were. To defendant : The tire might have been caused accidentally by a person throwing away a lighted match, on knocking out the ashes of his pipe. William Clayden remembered on the day mentioned being sent on horseback by his father to ascertain the locality of the fire, and on his way passed the defendant, who was accompanied by a woman. He also met Hooper and Perry a quarter of a mile from the fire. James Clayden deposed to his son having called his attention to the fire about half-past nine a.m., and sending him on a horse to see about it. Saw defendant and a woman coming towards him, and asked him if he had seen any smoke. He replied that be had not. Saw also Hooper and Perry coming along. Constable McLeod deposed that on receiving information from Mr. Clayden, he went on the 2nd of February to investigate the ground whore the fire had been, and also saw the defendant the same day, who at first denied all knowledge of the fare, but subsequently asked him (McLcod) to go over with him to Clayden, and get the matter settled. He also admitted that he had been smoking, and had thrown the end of his cigar away. When served with the summons however, he denied being guilty of the offence. To defendant: Did not see him set tire to the scrub. This completed the evidence, and the Court ruled that although they were convinced defendant had caused the fire, there was not sufficient evidence to warrant a conviction, therefore the case was dismissed.