"NO CASE AT ALL."

New Zealand Herald, Volume XLVII, Issue 14276, 22 January 1910, Page 6

"NO CASE AT ALL."

AR?ON CHARGE DISMISSED.

COLLAPSE OF PROSECUTION.

At the Police •Court yesterday, before Mr. E. C. Cutten, S.M., F. James McFariane was charged with having on or about December 19, 1909, wilfully set fire to the premises which he was then occupying as a draper, and which were known as 289, Queen-street, with intent to defraud the Victoria Insurance Company. Chief-De-tective Mareack conducted the prosecution, and Mr. E. McVeagh appeared for the defendant. In opening the case, the chief detective went into the details of the case, as already disclosed by the inquiry. Defendant was a lessee of the premises which he occupied in Queen-street, and he insured his stock for £1000, which at the time was more than the value of it. This he explained by stating that ]>e intended to increase his stock to £1200. During the last few months during which defendant had occupied the premises trade had been bad, and ha was not in a very good financial position. On the night when the fire occurred everything was secure when Mr. McFariane left the premises. There were two rooms in the upper storey of the building, which were sub-let to a Miss Turner and her partner, who carried on business as dressmakers. They 'had no key to the premises, and were let in and out by accused. To get to their rooms they had to pass through the shop. On December 19, when Miss Turner went home, she saw accused and his wife in the shop, and she, told them that she would not be back that night. The next morning when she got to the premises the 3 accused was not there, and Miss Turner had to wait a little while before he came and let her in. On the stairs she saw 6ome charred paper and some marks left by fire, and she told accused that somebody had been trying to set the place on fire. A very careful search of the place was subsequently made, with the result that the conclusion was arrived at that no access could have been gained excepting through the hack and the front door, the former of which was bolted on the inside, and the key of the latter was in Mr. McFarlane's possession. The prosecution alleged that the fire was an incendiary one, and must have been caused by someone who had a knowledge of the premises, and Mr. McFariane was the only person who would have any motive for stjch an action. -■

Evidence for the prosecution was given on the lines indicated by Miss Turner, one of the dressmakers who rented rooms from the accused; by one of accused's employees, and by other witnesses. During the hearing, Mr. McVeagh objected to a variety of matter contained in the depositions as taken at the inquiry before the Coroner. Some questions, he said, had been put at the inquiry which the parties had no right to ask, unless those who asked them were prepared to prove criminality. Mr. McVeagh, in opening the ease for the defence, said that the only evidence which the prosecution offered was that of motive and opportunity, and he submitted that no grand jury would be justified in sending each a case before the common jury, and no common jury would be justified in finding a man guilty of such a serious crime on the evidence'." .He also quoted authorities as to the nature and quality of the evidence necessary to justify the committal of an accused man for trial, arguing that in this case no prima-faeie case was made out. His Worship agreed with Mr. McVeagh in the matter, stating that in his opinion no case at all had been made out. Motive could only have the effect of intensifying other evidence, and was no use in itself, and as regards the opportunity, there was no evidence to show that- other persons might not also have had opportunity. The case was therefore dismissed.