SUPREME COURT.

New Zealand Times, Volume XXXVIII, Issue 6543, 6 April 1882, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. Wednesday, April 5. (Before his Honor Judge Richmond.) ARSON. Ellen Fuller, a middle-aged woman, was arraigned on a charge of arson on the following counts :—l. With having, on the 12th of February last, set fire to divers goods and chattels, the property of Julian Puller, in a house in Mulgrave-strest. 2. With having, on the same day, set fire to a flax mattress, blankets, and wooden box, the property of Julian Fuller, in a house belonging to ArchibaldPaisleyStewart.3. Withhaviug,onthe same date, set fire to a house, the property of Archibald Paisley Stewart. 4. With having, on the same date, set fire to a house, the property of Archibald Paisley Stewart, with intent to defraud ; and, 5, with having sot fire to certain goods and chattels, in a house the property of Archibald Paisley Stewart, with intent to set fire to the building and defraud. The prisoner pleaded not guilty, and was defended by Mr Forwood ; Mr Izard and Mr E. Shaw prosecuted for the Crown. Mr Forwood raised a preliminary objection to the effect that there were five counts which set forth different offences, and, for anything which appeared on the face of the indiemeut, d fferent felonies. After some discussion the objection was overruled, and Mr Izard proceeded to open the case for tho prosecution. The case has already been reported in our columns. Tho following is a brief summary of the evidence given:— Elizabeth Baker deposed that she was engaged by the prisoner in February to look after her mercer shop in Mulgrave-street while the.prhoner was absent in Christchurch. Her instructions were not to sell any goods. There was a bracket-lamp attached to the wall, and Mrs Fuller, before she left on the Tuesday, February 7th, told her it was ready for lighting. At about 8 o’clock that night she got in a chair to light the lamp. She found that she could not turn the wick up. When she applied a lighted match, the flame and smoke ascended to the ceiling, and there was a hissing noise and a report. A piece of charred wick fell to the floor. The atmosphere was very bad. She struck another match and lit the lamp, which burned with a feeble light. On the following Friday she saw Mrs Fuller passing the shop dressed in an unusual manner, and on the Saturday Mrs Fu'ler expressed herself dissatisfied with the witness, who left her emp’oyment. Alexander Paisley Stewart deposed that lie was the owner of the premises in Mulgravestreet, which he let to the prisoner. The place was insured for £l5O, but, to his knowledge, the prisoner did not know of his insurance. Dr. Alexander Johnson, District Coroner, produced the depositions made at the inquest on the fire. The deposition of the prisoner was among them. Mr Shaw applied to have the prisoner’s deposition read. Mr Forwood objected, on tho ground that the deposition was a statement made under compulsion, and not a voluntary one. After hearing arguments, his Honor ruled that the prisoner’s deposition before the Coroner was admissible. Dr. E. Rawson deposed that Captain Frederick George Moore was one of his patients, and was suffering from typhoid fever and unable to attend the Court. Mr Forwood asked that Captain Moore’s deposition before the Coroner as well aa before the Magistrate might be put in. William C. Chatfield, architect, deposed that be had made a plan of the premises in Mul-grave-street, where the fire took place. Tho door of the house, opening into the side passage, would open over the spot where a hole had been burned through the floor. The aide door might be opened without anyone standing

in the shop near the front door hearing it. William Henry Freethy, grocer, of Mul-grave-street, deposed that he lived next the premises occupied by Mrs Fuller, a passage separating them. While Mrs Fuller was away, Miss Baker, who had been left in charge of the shop, came to his place and brought with her a kerosene lamp and the wick produced. The wick she brought was all frayed, and he gave iher a new one. He threw the old wick on the floor, but afterwards picked it up, put it in his cash box, and gave it to Detective Benjamin. Mrs Fuller, when she came back from Christchurch, said she had returned because she had been informed by telegram that the person left in charge was not to be trusted. She also said she had come iu disguiselto watch the premises. Detective Benjamin deposed that on tho 14th of February last he received the lamp wick produced from the last witness, and afterwards handed it to Dr. Skey for analysis. William Skey deposed that he was Government Analyst. He examined the lamp wick produced. He found that it contained grains ofj gunpowder, which were all over it, except at the upper edge. There were some dark streaks on the wick. The wick presented the appearance of having been saturated with kerosene, rubbed with gunpowder, put in a lamp in the usual way and a match applied to it Gunpowder would always explode up. wards if unconfined.

The deposition of Frederick George Moore was read. It was to the effect that the prisoner had fully £2OO worth of goods in her place. He spoke to him about insurance, and he recommended her to go to the Liverpool and London and Globe office.

Dugald D. Cameron deposed that he was a clerk in the office of the agent of the Liverpool and London and Globe Insurance Company. In January last a proposal for insurance was made by Captain Moore on behalf of Mrs Fuller. Witness went, to prisoner's shop. Thera were same goods in cases and some hanging on lines. He relied on Captain Moore’s introduction, and took her word that the cases were full of goods. A policy of insurance was subsequently issued to her for £2OO. After the fire she sent iu a claim for £156.

TT J. L. Augarde, vainer and commission agent, deposed that he met the prisoner on the Wednesday following the fire. He was employed to make up a statement of loss. He did not see the remains of any of the goods set down. He made up the list from the prisoner’s dictation. She told him she had taken £3OO worth of goods there, but, as she had bought for cash, could produce no invoices. He telegraphed to her to Christchurch that a warrant was out for her arrest. She was his client, and he thought it his duty to do so. He had applied to the Insurance Company two or three times on her behalf, but had not got the money.

Archibald Wbiteford, Superintendent of the Wellington Fire Brigade deposed that he was present at the fire which broke out on the prisoner’s premises in Mulgrave-street. There was a partially burned box under the side window, and a mattress had been thrown outside. There were a few old things about, but no remnants of new drapery goods. In his opinion the fire originated inside the box. William Garratt, laborer, of Mulgrave-street, was present at the fire. Had known Mrs Fuller before. Then she went by the name of Forster. With assistance he burst in the door and helped to extinguish the fire. Both the windows in the room where the fire was were darkened with blankets. In the box was a rag smelling strongly of kerosene. It would have been possible for any one to reach the box through a broken pane in the window. He did not think the box and contents were worth £1 before the fire.

Mr Gully, solicitor of the Supreme Court, produced a policy of insurance for £2OO issued

to the prisoner by the Liverpool and London and Globe Company. "W. H. Meek, agent iof the Liverpool and London and Globe Company, deposed that he had executed the policy produced in favor of the prisoner. : _ Charles Browne, Chief "Detective, gave evidence as to the condition of the house after the fire. The prisoner went to the lock-up and made a ‘voluntary statement to the effect that she had property in the house to the value of £3OO, principally drapery and Japanese goods, and that she had intended to Increase her insurance by £IOO. She said she had been to the place on Saturday and Sunday nights at about 8 o’clock. She also said that she was in bed when the firebell rang, and heard a woman say to another that the fire was in the direction of TVTrs Fullers. She explained that the windows were darkened on account of the draught, and that her property had been left in the boxes. She said also that her bnshand’s name was Julian Fuller, and that she believed be lived at Akaroa.

Sophia Fray, deposed that the prisoner had taken apartments in her house on February 10th, the Friday before the fire, and engaged them until the following Monday. On the Saturday she and prisoner visited the shop in Mulgrave-street, and went there again on Sunday night, the night of the fire. Witness waited on the step, but did not go into the shop. The prisoner said she would be back in a minute, and went down the passage at the side of the shop. Prisoner was away two or three minutes, and then returned. They went home again, and about half an hour afterwards heard the firebell. Prisoner afterwards said she had heard someone say it was her place. She did not go ont until the Tuesday morning. The deposition made by the prisoner before the Coroner was then read, and the case for the Crown closed.

After an adjournment, Mr Forwood addressed the Court for the defence, after which bis Honor summed up. The jury retired at half-past ten, and returned into Court in about half an hoar, with a verdict of guilty. Mr Forwood then briefly addressed the Court in mitigation of sentence", alluding to her friendless condition, and to the fact that she had no one to call to give evidence of her previous good character. His Honor, in passing sentence, referred to the gravity of the offence, and said he was compelled to mete out exemplary punishment. The sentence of the Court would be five years penal servitude. The Court then rose.