AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLIII, Issue 13195, 5 June 1906, Page 7

AUCKLAND SUPREME COURT

' THE WEST-STREET FIRE CASE. WALKER UPON HIS TRIAL. The trial of William Walker upon a charge of counselling James Crowther, between April 6 and 17, to commit arson by setting tire to a building in West-street was commenced before His Honor Mr. Justice lidwards at the Auckland Supreme Court yesterday, morning. ; The Hon. J. A. Tole, Crown solicitor, appeared for the prosecutor, and. Messrs. Martin and Batime for the accused, who pleaded not guilty. Mr. Tole, in opening, said the prisoner* counselled Crowther between April 6 a,nd 17 to commit the offence of arson by setting tire to premises in West-street, which were insured in the name of Walker's wife. The attempt to burn down the buildings, however, was unsuccessful, and Crowther and Walker were subsequently arrested. The former made a confession, and was commilted for sentence. '

James Crowther, a labourer, residing in Sale- street, Freeman's Bay, said he had been committed for sentence foi setting the buildings in question on fire. Witness said he was approached by Walker in April last, when the latter asked him to set his premises in West-street on lire, for which lie promised him £10. Crowther went on to relate what transpired a,t this and subsequent interviews, his evidence being substantially the same as he gave in the lower Court. Walker informed him that both bouses and contents were insured. Witness set out on the night, of*the 15th for the purpose of setting lire to the building, but did not do so, being frightened by the barking of a dog. He.set fire to the place on the 17th, lighting some rlax saturated with oil, which lie and Walker had placed in the basement of the building before. Subsequent to the lire. Walker called for the key of the place, which he had given to witness to use. Previous to the fire. Walker left a bundle of clothes in a sugarbag ait witness' residence.

To Mr. Martin. He was convicted in Auckland about two years ago for theft. Witness originally came from New South Wales, but he , had never been charged villi any offence over there. At the time of the "offence he was in permanent employment as a groom, and was earning 35s per week. Mr. Martin: Can you give us any reason why you were pre nit fed for a paltry £10 note to commit this crime which might have resulted in loss of life? Witness: Well, I did not want to do it at all, but he always came to me. But you are not hi child, and were in conslant employment. I want you, if you can, to give us your reason why, for a £10 note, you committed this crime, and might have got the woman sleeping next door burnt to death. — don't know. Now, I think you told vour wife and Campbell) who was boarding with yon. that von were going to do it? Yes. Did they try to dissuade you from it?— They told me that I ought not to. Was that all the pei'suason they used? Did you not also take a candle into Campbell, and tell him that it was with that that you were going to do it? Yes. Why did yon do.it?—l felt "galley." HisHono'r: What is "galley"? Witness: I felt frightened. 'Mr. Martin : Frightened of what? 'Witness: I felt "frightened of Walker, and thought he might think that it was not I who did it. Whv "were you frightened of Walker?— 1 thought that if he thought I did not do it he would give me a hidiug on my way home from work. Mr. Martin: So you would' rather commit a,rson and possibly cause the death of a woman than risk a hiding! In reply to further questions, witness denied that Walker's reason for giving him the key was that he (Crowther) could get whatever tools he wanted. . He did not take an interest in the coroner's inquiry— that he remembered. He read the reports of" the inquest. Ada M. Crowther, wife of the last wit-' ness, said she had known prisoner for about 12 months. She saw him at her house before and after the fire. She saw her husband take the key and go outside to hand it to Walker.' Two or three mornings after, the fire she met- '-accused in Freeman's Bay, and he asked her to hurry home " for God's sake,'" and bum bis clothes. The clothes he alluded to were those which he had left in a sugar-bag at witness' bouse. ''William Campbell, a labourer, residing with Crowther. said he saw Crowther ft night or two after the fire take the key of Walker's house, and go outside to hand it to accused. ■■■ ■> • ~ Annie O'Brien, occupying a house in

West-street, adjoining the house of the prisoner, said the hitter's wife and family left Auckland for Bombay on April 12. On the following Sunday, April 15, > she was disturbed by a dog barking outside. She could not state the time, but it was after tea She went outside, and called out to the' dog to lie down. On Tuesday, the 17th. the dav of the fire, she saw Walker at his residence, and she. subsequently missed the , dog, which belonged to .Mr. Walker To Air. Martin: She rented her house from Mr. Walker, and paid 8s 6d per week in Samuel Holt, a bootmaker, Jiving in Samuel Holt, a bootmaker, 3iving in West-street, said a few days before the fire he saw accused with another man, and asked him for a cigarette.; Abused replied that he did not have any other than the one he was smoking. . Constable Cox gave evidence asi to the discovery of the fire. On examining the place, subsequent to the flames being put out by the tire brigade, lie found a quantity of partially-burnt flax saturated with oil in the basement of the building _ y \t this sta"e the further hearing of the case was adorned until hn.U-pa.st ten this morning. "A HOPELESS-CAKE." TWO YEARS' IMPRISONMENT. William Small, a man of about 35 years of age, found guilty of receiving a small quantity of gum. knowing it to have been .stolen, was brought forward for sentence. \sketl as to whether he had anything to rut prisoner answered in the negative. "Well," said His Honor, "you have a long list against you." His Honor proceeded to read out the prisoners record., which showed that he commenced Ins "career of crime in 1878, when he received cix weeks' imprisonment for larceny. In 1830 and 1881, he received sentences of three months and one month respectively, also for larceny. In 1883 be was convicted of robbery with violence, and was sentenced to three years' imprisonment. Tie reappeared before the Court in 1387 for a, similar offence, and upon this occasion whs sentenced to seven years. In 1896 he, was sentenced to one month for larceny, in 1897 to three months for robbery, and in 1901 to two years for theft. Since then he has not appeared before the Court, until the present occasion. " Yours, evidently, is a hopeless case." remarked His Honor, as he concluded. Small warsentenced to two years' imprisonment. YOUNG MAN PUNISHED. SENTENCED TO ONE YEAR. \ well-dressed young man named Bernard W. Irwin who had pleaded guilty to a charge of breaking and entering at Stratford, was Also brought forward for rite nee. Prisoner had nothing to say ' His Honor said prisoner had a Dad_ lecord but he supposed Irwin knew tout. although he had not been previously convicted He had been given chance alter chance, but had abused, them. A sen- . tence of one year's hard labour was passed. __ J __ ; MEDICAL OPINION. Ask your doctor what soap .recommends for the skin and he will uphold tin- opinion of the highest medical authorities on.tiie skin, viz.; Dr. Redwood, , Ph.D., *•*£»;' F.1.C., the late Professor Sir Erasmus \\ i - ton, Mr. John L. Milton, and Professor J. Attfield, etc., that Pears' SoAf is the best.