LAW AND POLICE.

New Zealand Herald, Volume XXVIII, Issue 8668, 10 September 1891, Page 3

LAW AND POLICE.

SUPREME COURT.— Criminal Sittings. Wednesday. [Before His Honor Mr. Justice Conolly.] Charge of Arson.—William Middleton was indicted and charged that on the 7th of August he feloniously and maliciously seb fire to a quantity of tow and flax against a certain flaxmill situated in lower Pinko, the property of . William Craven Mirfin, with intent to injure the said Mr. Mirfin. There was a second count charging the accused with setting fii a to the tow and flax with intent to set fire to the building. The accused, a young man, who was unrepresented by counsel, pleaded not guilty. The case opened by the Crown Prosecutor was as follows :—Mr. Mirfin was the owner of a flaxmill situated in Lower Piako, and the accused had been working about in the neighbourhood, and living with some Maoris. He came to the mill, and asked Mr, Wyatb, the manager, for work, and he gave him a job, bat after working a day and a-half he had to discharge him for two reasons—first, that he did nob do work enough ; and second, that lie was smoking during working hours. He subsequently gob a job from the man who had the contract for punting flax, with whom he worked for a week, continuing to live at the . mill, and after that he remained for some days, although he was repeatedly ordered away, bub eventually did leave. On the day in question he was seen by Mr. Mirfin and. Mr. Wyatt standing near where the tow was, and he had a tin matchbox in his hand. They had occcsion to go into the building in regard to the machinery, and on hearing a cry of fire they rushed out, and saw the tow in flames, and the accused running away. They extinguished the fire before much damage was done to the mill building, and Mr. Mirfin then followed accused on horseback, and found him about three miles away, amongst j soma Maoris. Ho denied having seb fire to fcho tow, but M Williamson said it would be shown that he had expressed spite against Mr. Wyatb and Mr. _Mirfin, and said that he would not care if the mill was burnt down. George Ernest Wyatt, the manager of the mill, gave evidence as to having employed and discharged accused, and warned jiim off the premises. He went away after repeated warnings, bub returned on the 7th and asked witness for work, bub he refused to employ him, and told him he did not wish to have him about the place. Subsequently on looking out of the shop ho saw accused standing within about six feet of the dry tow at the foot of the scutcher, and lie had a tin match box in his lefb hand, and while he was there witness was called in to the stripping shed. He was only inside about a minute when he heard someone calling, and on going outside he saw the tow on fire. It was blazing lip high, being very inflammable. He saw accused aboub two chains I away, walking pretty fast. They ab once ; took stops to pub out the fire, and succeeded in doing so. There was no on© else but the accused about outside the building when the fire broke out, nor was there any necessity for any of the employees being there at that time, and there was no fire either in the blacksmith shop or anywhere near the tow. The mill chimney nearest the tow was 25 feet away, and had a good spark-catcher, and at that time the fire was low, and the wind was from the tow towards the chimney, so the tow could nob havo been set on fire by a spark from the chimney. The building itself was only slightly charred in one or two places. The witness was cross-ex-amined at considerable • length by the accused, but nothing new was elicited. William C. Mirfin, owner of the flax mill, corroborated Mr. Wyatt's evidence as to seeing accused about the mill on the 7th of June between half-past eleven and twelve o'clock. He was near the tow when witness saw him, and there was no one else near it at that time, and there was no one of the workmen near it, for the scutching mill, which is in a seperate building from the stripping machine, was nob working. Accused had a matchbox in his left hand, and something in his right. Witness was within 8 or 10 feet from ccuscd when he saw him, and he asked him what he was doing there, and told him to como away, that he had no business there. With that he came away, throwing | whatever small thing he had in his right hand away, and he went into the stripping shed, about 40 to 50 feet away from the tow, and witness went in the opposite direction to let his horse out of the paddock. He then went to the blacksmith's shop to Mr. Wyatt, and saw accused standing at the boiler in the stripping shed, but did not speak to him, but he said something to Mr. Wyatb and went to the store, about 80 feet; from the shed. While there he saw accused within two to three minutes come in the direction of the garden fence, from the back of the stripping shed, running. Witness asked where lie was off to, and he replied that he could get neither work nor tucker from that b Wyatb, and ran on. Witness then saw the (lames, and ho ran towards them, and found Mr. Wyabt and all his men engaged putting out the firo in the tow and the building, and when everything was secure he saddled his horse and rode after the accused, whom

lie overtook at a Maori sebcloment three miles away, and tolcl him that he took him in charge for setting fire to the place. lie turned round excitedly, and said, " lb was nob me thab did it." Witness took him to Morrinsville, adisbanceof abotib2o ilea', and handed him over to the police. This witness was also cross-examined ab some length on his depositions in the lower Court. Samuel Wood, scutcher, at Mr.' Mirfin's mill, deposed that prior to the 7th August he was on the sick list, and had a conversation with the accused in the room where he was lying in bed. He asked accused what lie was doing, and he replied that he was up ab the settlement, that lie had knocked off working for Thomas, who had the contract for punting the flax, bub thab ho never got squared up with him. Witness asked him if he was going to work for. VVyafct, and he'said no, that he did not care what would become of the mill, only for Mirfin, thab Wyatb did nob care about him, and called him a larrikin. He then wenb away. This witness also saw accused about the mill on the day of the fire, when he was looking for YVyatt, and ho afterwards saw him go towards the scutcher in the direction of the creek, and /hen he gob in view of the scutcher he saw the tow on fire. In cross-examination witness said ha was smoking when ho followed prisoner towards the river. After seeing the fire, he saw accused walking quickly past the garden. Murehu, a native, was called, bub was nob examined by the Crown Prosecutor or the accused. Constable Wild, of Te Aroha", who took the accused into custody from the prosecutor, gave evidence. The prisoner called no witnesses, bub ho addressed the jury partly from written notes in a long statement, urging the probability of the tow being seb on fire by a spark from tho chimney or by a spark from tho pipe of some person smoking. Mr. Williamson did nob reply, and His Honor summed up the evidence. The jury retired at halfpasb bwelve o'clock. The jury returned at ten minutes past two, and said they had no evidence as to the witness Wood being smoking when ho went to the river. He was recalled, and said he was nob within ten yards of the tow when he passed towards the river. He could nob have seen the llames previously as there was a building between them. The jury again retired, and returned at twenty minutes to four o clock. Their verdict was ''Not guilty." The learned Judge said the jury had given the prisoner the benefit of the doubt, and ho bhoughb they were quite right in doing so, but ib should be a warning to him as bo his future conduct as there were several convictions recorded against him.

Larceny from the Person. —George Waters, vv 1 on the previous day was charged ,wit» stealing a cheque for £10 from James Nolan, and who was convicted on the second count cf the indictment, that of receiving the cheque, knowing it to be stolen, was brought up for sentence at two o'clock. Mr. O'Meagher addressed the Court. He said he had intended to contend that when there was no evidence of stealing there could nob be a verdict for receiving. He quoted authorities, bub he said he now found that the later authorities were against him. His Honor said that was so ; and he then addressed the prisoner. He had been twice convicted of larceny, and sentenced to six and twelve months, and he was found with his associates, two convicted thieves. He had no doubt either of them stole the cheque, and the sentence of the Court was that prisoner be imprisoned and kept to hard ': uc -eighteen calendar months,

Mr. Williamson applied for direction as to the disposal of the cheque. He said in this case Mr. Deacon had accepted the cheque bona fide. His Honor said it was very foolish to give change for a cheque for £10 for 4s. He should make no order ,as to restitution.

Horse Stealing.—Pukuwae and Nerai Wharahurere, two aboriginal natives, were indicted on a charge of having, on the 14th of April, stolen a bay mare, the property of William Henry Shorb. There was a further charge againsb them in the indictment of receiving the mare, knowing her to be stolen. ■ They pleaded not guilty, and were not represented by counsel. Mr. Hammond was sworn interpreter. The prosecutor, Mr. William Shdrt, is a farmer residing near Kihikihi, and in October lasb was the owner of a bay mare, which was then heavy in foal. He searched for the mare, arid offered rewards. About that tin: 3 she was taken off the run, and the mare was next found in the possession of Mr. Corboy, a neighbour, who had bought it from the prisoner. The prisoners did not deny bhab the mare was Mr. Scott's, or that they had sold it to Mr. Corboy, bub they alleged that they bought her from another native named Tu Take. The prosecutor deposed to missing the mare, and identifying iib afterwards on Mr. Corboy's farm, although she had then foaled and the foal was weaned. Joseph Corboy, farmer, Kihikihi, deposed to buying the maro and foal from Karaka in April for £3 ss. There was a second foal included in the bargain, and he took a receipb for the money. Karaka spoke and understood English. As Karaka owed an account at witness' mother's store he agreed that £1 5s should be stopped out of the purchase money. Nothing was then said as to whose property the mare and foals were, bub subsequently he told witness, in the presence of Constable Lowther, that Nerai told him thab anything he got over £2 he was to keep. Karaka used bo work for witness, and Nerai sometimes came and stopped with him, bub did nob work for witness. Subsequently the mare was claimed by Mr. Short, and witness handed her over. Constable Lowbher, of Kihikihi, gave evidence as to the arrest of bhe prisoner Karaka, and to seeing Nerai after his arrest in To Awamutu. Tu Tuki, who lives in a settlement fifteen miles from Kihikihi, said he knew the accused, but they did nob belong to his tribe. Witness denied having ever sold a horse of any description to Nerai. Hoani Takeri, Pope, Takeri, and Constable Jones were also examined. Each of the witnesses wa3 cross-examined by the accused at considerable length. When the case for the prosecution closed, His Honor, said that although ' there was some evidence, he should leave ib to the jury to say whether there was sufficient evidence to call on the accused for a defence. The jury, after a few minutes' deliberation, decided that the evidence was insufficient, and returned a verdict of nob guilty. The prisoners were accordingly discharged. The Court adjourned until ten o'clock next morning. In Chambers. Prorate.Probate was granted to the executors named in the wills of John (Coffey, Edward Allen, and Andrew James Burns. Administration.— of administration granted in the estates of James Storey on the 28th of, July, and in the estate of Nga Pawa Turnbull, of Kawhia, on the 30th June, were, on the application of Mr. C. F. Buddie, renewed. Meyer v. Gleeson.—Mr. Brassey moved that Mr. G. N. Brassey bo substituted as solicitor for the plaintiff on the record in place of Mr. F. E. Baume. The order was granted as prayed. POLICE COURT.— Wednesday. [Before Dr. Giles, R.M.I Drunkenness.—Elizabeth Ellen Lund, against whom there were three convictions within the lasb six months, was fined £1 for having been drunk, or, in default, three days' imprisonment. William Inkstor admitted having been guilty of disorderly behaviour while drunk, and was fined 40s, with the alternative of seven days'imprisonment. Larceny from an Hotel. — Michael Kiely was charged with having, on the 7th September, stolen two buckets and two jugs, valued at 10s, from tho yard of Mr. J. Smith's, Albion Hotel, Wollesleystreet. Evidence was given to tho effect that the articles had disappeared from the yard of tho hotel, that the accused had been about there during tho day upon which they were missed, and that they had been sold by him to a general dealer. The accused made a statement to the effect that lie had purchased the buckets and jugs from a man who said he wanted to raise the price of a drink. His Worship^said the accused's story was a very unlikelyone, and as there were previous convictions against him, lie would be sentenced to one month's iinprisoment, with hard labour. Maintenance.— James Walsh, who failed to appear, was charged, on the information of his sister, with having failed to contribute towards the support .of their mother. The complainant gave evidence bo the effect that her mother was 74 years of age, in ill-health, and had nob received any assistance from the defendant for some months. The defendant was a labouring man, bub witness could not say whether he was working at present or nob. Order made for payment of 5s per week. —Samuel Martin was charged with having failed to contribute towards tho support of his father, a destitute person, his defence being that he was not in a position bo pay anything, as ho was unable to get regular work. The defendant, stated that he had offored tho complainant a share of his home, such as ib was, bub this offer had been refused. After hearing the evidence, His Worship made an order against the defendant for per week.