POLICE COURT.—Friday.

New Zealand Herald, Volume XXIV, Issue 8020, 6 August 1887, Page 3

POLICE COURT.— Friday.

[Before H. V. Anderson and J. B»ber, Esqs., J.P.'e.] Drunkknness.—Maria Maguinneea was fined 10s and costs, or forty-eight hours for thie offence. Letitia Hughes was found guilty of being drunk and of using obscene language, also of being a habitual drunkard, and wu sent to Mount Eden for one month. Larokny.— Thomas Wbiteman, who was on Thursday found guilty of stealing several articles of clothing, etc., the property of Daniel Gaeooigne, was brought up oa romand ; and, as the probation officer declined to make any recommendation, Messrs. W. R. Waddel and T. Thompson, the Justices who had heard the case, sentenced him to one month's imprisonment, with hard labour. Allkgbd Wife Desertion.—John Shaw waa charged with unlawfully deserting his wife, Mary Ann Shaw, aud leaving her without adequate means of support, at Wanganui, in November last. On the application of Sergeant Pratt, this case was remanded to Wangauui. Allkgkd Incendiarism.—John Bell was charged that he did wilfully and maliciously set fire to a dweilinghouse at Hellier's Creek, the property of Helen Mariann Young, on 25th July. Mr. Napier appeared - for the defence, and Sergeant Pratt prosecuted. Detective Walker was the first witness called, and produced a plan of the house and locality, which showed where the house was alleged to have been set fire to, and the parts of the beach where the accused bad crossed in going to aud coming from the house Mrs. Helen M. Young also gave evidence, stating that she was the owner of tbe property set fire to. Some months ago she had been obliged to get accused bound over to keep the peace with her, but she had been .so afriid of him that she had abandoned her house about twelve months previously, as he had threatened to kill her, and to set lire to the house. Mr. Napier cross-examined : Martin Monstedt deposed that on the evening of the 25th July he was looking for a hors* of his near Mrs. Young's house, when he taw accused kneeling down in the room, with a fire lighted ai>ainet the wall In front of him, upon which he wae putting small sticks and brushwood. Witness said to him, " What are you doing here ?" and acoused made a " grab" at something upon the floor, as if for a weapon, and witnees picked up a branch, Accused then made a btpw at witnaiji, and severed the branch be held,

and he then stepped back out of the doorway, which accused struck while aiming a second blow at him. Witness ran down to the beaoh, and then made hie way home through the scrub. He told hie wife, and then a rami named David Clark came and stayed at his houae all night. Next morning witness o»me to Auckland and informed the police, and accompanied Sergeant Gillies back to Hellier's Creek, They saw the tracks on the aand left by witness on hi 25th alt., and some smaller ones, wtiiuii he was sure were those of the prisoner. They then went into Mrs. Young's house, and found that the lining of the room had been cbarrtd, and a lot of half-burnt stick* and brushwood were scattered on the floor. Sergeant Gillies tore off several of the lining boards which had been charred. By Mr. Napier: He had not spoken to accused lately. Accused had made himself dieagreeable, and witness had let him alone. He had no ill-will against the prisoner. He had spoken to "witness during the past twelve months, lie had gone to drive his horse out of witiesK's way, because he thought that he drive it on to his land, and then charge him for trespass. On the 25th July he eaw the prisoner near Mrs. Young's home. Accused was Dot then on his own land. Witness had no scuffle with the accused near the boundary fence. He did not see prisoner's son John that day. Ho had an oilskin coat when he and prisoner had the blows, and he lost it during the senfflo, and be and Sergeant Gillies found it in the doorway. By the Bench : His only object in going upon Mrs. Young's land was to look after his horse and cattle. Anna Monstedt, wife of last witness, deposed that her husband left home about fivo p.m. on 25th July. About twenty minutes after she beard a noise like someone coooing. He shortly returned, seemingly excited, aiud spoke tc her. She then went to the neighbour's, Mr. Clark's, and Mr. David Clark accompanied her home and stayed all night, going away about seven in the morning. The reason she asked Clark to stay was that she and her husband were afraid that Bell might be around the bouse. David Clark deposed that he lived about a mile from Monstedt, at Hellier's Creek. Hia evidence was corroborative of that of the last witness. Thomas Clark, brother of last witness, was also called, and confirmed his testimony, stating, in addition, that the next morning he went to Mrs. Young's place to look after the horse, and went into the houie and saw that the side-wall was charred, and some burnt sticks on the floor below the burnt place. Sergeant Gillies deposed that Monstedt called upon him on the 26th instant and made a complaint, in consequence of which witness accompanied him to Hollier's Creek to Mrs. Young's houee. They went along the beach, and noticed two sets of footprints coming from Mrs. Young's house. One waa very similar to Monstedt's, and the other was smaller. They then went' to the house, and in the front room witneia found the remains of a fire, consisting of soma sticks half burnt. He broke off that portion of the lining boards which was charred. Those produced were the boards torn off. Hβ found some brushwood outaide the verandah. He arrested the prisoner on the 2Sth instant. Prisoner stated to him that Monstedt had come upon his (accused) land, and had struck him with a stick, on the evening of the 25th, and wanted to get him into trouble. The small footprints must have been Thomas Clark's. Thomas Clark (recalled) depesse* that on the morning he was at Mrs. Young's house, he did not go on the beach. David Clark (re-called) deposed that he had not been on the bench for some six weeks pre« vioua to July 25th. He had seen Bell in hie paddock on the 28th instant, and had told, him that a policeman was waiting for him. The evidence was then read over to this prisoner, who waa then committed for trial.