AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLIII, Issue 13262, 22 August 1906, Page 5

AUCKLAND SUPREME COURT

♦ ■ ■ CRIMINAL SITTINGS. Tub criminal sittings of the Supreme Court t were continued before His Honor Mr. JusL lice Edwards yesterday forenoon. THE WEST-STREET FIRE. 1 The rehearing of tho charge against Wili limn Walker, of procuring a person to ' commit, arson in connection with the fire : in West-street last April (in a house beii longing to Accused), was continued. The , Hon. J. A. Tole prosecuted, and Mr. Martin and Mr. Singer represented the pri- ! soner. ' The examination of the witness Jas. Crowther was resumed by Mr. Martin. ' Witness said he had confessed to the police alter arrest. He had no particular reason for doing so, but wanted them to know the truth. During a conversation between witness and prisoner the latter said that if he (witness) would say the word ho (prisoner) would work his lingers to the bone for witness' wife and kiddies. Prisoner added: "If you don't, I'll have to plead guilty." Witness had not men- ; tioned the closing remarks of prisoner at the previous trial, as he did nut think it mattered. The depositions of the prisoner were then read, after which Ada Minnie Crowther, wife of the last witness, was called. and corroborated her previous evidence. William Campbell, on being sworn, gave evidence corroborating what, lie had sr-id at the previous trials, including the conversation with prisoner, during riie course of which the latter .said he had the authorities " beat from the word go." . Examined by Mr. Martin, witness detailed a conversation between prisoner and Crowther, in which the former had said that. Crowther had no occasion to worry, a* they were sheeting it home to him (prisoner). He had not given this evidence before, as the questions had been asked differently, and the matter might have slipped his memory. Benjamin Walker, of the City Fire Brigade, stated that he was the first to break into the house after the fire. Some time after the fire was extinguished witness noticed some flax strewn all over the lloor, which was still smouldering. The fire had a. fair hold, and there was some difficulty in putting it out- by water. When throwing the smouldering flax out of the window, witness noticed there was oil on it, though what kind of oil lie could not say, as it was difficult to distinguish any particular smell. On the occasion of a subsequent visit to the premises with the police lie noticed no difference in the furniture, etc., in the house, except that some clothes appeared to have been taken away. To Mr. Martin.- Witness saw a varnish tin and a bucket when taking out the flax. There might have been other tins which he had not noticed. Arthur Rosser valued the building at not more than £80. Thomas Davies valued the furniture, effects, and general household goods at £47 before the fire took place. The value after the fire would be, in his estimation, £35. Questioned by Mr. Martin the witness said his estimate was made by taking the original value of the articles, and allowing for the amount of wear a.nd tear they had received. The damage done to the furniture by tho fire was about £12. Detective McMahon deposed to having found flax in the basement of the building, upon which he detected a strong smell of oil. He detailed what occurred at the gaol after Crowther had made a confession. Witness and Chief-Detective Marsack went into a cell next to C'rowther's, while Walker was placed in a cell opposite Crowther's. When all was quiet Walker called " Crowther" in a low tone, and asked him why he had made that statement, aiud asked him to deny it, and to say that they had a row, and he (Crowther) was getting even on him. Crowther replied "Right." Chief-Detective Marsack also gaive evidence. The accused on oath gave similar evidence to that which he gave iu the first trial. He had, he said, before increasing the insurance on the two houses effected considerable improvements. He had known Crowther nearly a year. On the Sunday before Good Friday Crowther had by arrangement gone to Walker's house to re- • vive a lesson in cane work. On Thursday, the night before Good Friday, Crowther was again around at accused's house, and got some tools and a working suit. They went out for a. time that night. Crowther asked for the loan of a chisel, and as witness was going away the next morning he left the key of the basement of the house with Crowther, so that he might get. what he wished. Witness came baick to town after Good Friday to get an extension of leave, and then went back. He heard of the fire through his wife reading of it in the paper at Bombay. He came back to town, and asked Crowther "what he meant by this." He got the key from Crowther, who afterwards told hint that while he (Crowther) was in the basement of the house getting ca,ne he struck a match to light a candle that had gone out. The match set fire to some flax, and, getting frightened, he cleared out. Crowther persuaded him (witness) not to say anything about it on account of his (Crowther's) family. To Mr. Martin. There was no truth in the allegation that he had instigated Crowther to isefc fire to the house. The further hearing of the case was adI journed until this morning. CIVIL SITTINGS. The jurymen previously warned to be in attendance at the Court'this morning will not bo required to attend until to-morrow morning at half-past ten o'clock. At the conclusion of the above case, undefended divorce cases will lie taken.