INTERESTING LAW POINT

New Zealand Times, Volume XXXVII, Issue 8482, 17 July 1913, Page 2

INTERESTING LAW POINT

QUESTION OF EVIDENCE. The Court of Appeal sat yesterday to consider a criminal caso reserved by Mr Justice Denniston for its de eision. The prisoner, John Willoughby, was tried at Christchurch on May i2di lor having wilfully set tiro to a building in Tuum street, whereby ho committed the crime of arson. The evidence against the accused was that he was seen at 4 p.m. on March 24th coining out of an empty house in Tuam street. About five or ten minutes afterwards the house was seen to be on fire. During tbe trial evidence was tendered by the Crown that some eleven months before the accused had been seen entering another empty house under circumstances which raised the presumption that he intended to sot it on fire. The evidence was objected to by, counsel for the accused, but was admitted by the court. The accused was convicted, and the question was thereupon reserved as to whether the' evidence objected to .was admissible. There was also evidence offered by tbe Crown that on various days subsequent to the day of the offence for which ho was tried the accused had been seen at other fires of empty bouses under circumstances which raised the presumption that be bad caused those fires. This was rejected by the court. The question was also reserved ns to whether this evidence was admissible. Mr H. H. Ostler appeared for the Crown and Mr A. T. Donnelly, Christchurch, for the accused. Their Honors reserved their decision.