SUPREME COURT.

Poverty Bay Herald, Volume XXXVII, Issue 12097, 15 March 1910, Page 2

SUPREME COURT.

YESTERDAY. (Before His Honor Mr Justice Cooper.) ALLEGED ARSON. The hearmg was continued yesterday afternoon 01 the case m whicu i'atrick OSullivan, a youth, -was charged with having, en September 'm; at Uisborne, wilfully set lite to the Gibborne Rowing 'Anhs shed, and. also upon a second count with Jiaving wiltuJly set tiro to straw, saturated with kerosene, so situate as to be likely to s.et lire to the building m question. Accused was representeu. by Air -L. T. Burnard. - Thomas Eraser Foster stated that ho knew accused. . He remembered the lire at the Gisborne Rowing OiiiDs shea. yVitnoss was mixed up m the affair and accused was with him. He helped 'witness carry some straw and set alight to it. iir Mr Burnard t Witness had pleaded guilty, to lighting four or five fires with, 'm about a weea. Other . charges were made against him but they. were -withdrawn/ He had made a statement that ho dm not mean any harm by the fires but simply wanted to see the tire' brigade turn ' outi That was the only reason ho set lire to. the Masonic, ai the time he thougiit it was a joae. Continuing, ''witness said he met accused about 7 o'clock or 7.<sO. They walked about a bit together. He forgot what* ho said and what they did. me first place they attempted to set alight was he thought the Masonic. He did not think it was Redstone's, he forgot. He signed a statement, written 'by Detective Rawle. He lorgot what he told the detective.. Counsel. read, tho statement m question, . and . witness being crossexamined on this,' said he fbrgot whether lib Avent to an empty place near Redstone's. Ho forgot all about , it, and could not remember whore 'Redstone's place was. He had forgotten all about it. Ho remembered, however, having helped to .ring the 'firebell, but nC ibrgoo which fire that was. He did rememoer giving evidence at tne . Magistrate's Court,' but he forgot what it was all about. - He did not remember having made a statement about he and accused separating after the Masonic fire. lie thought ne went to the theatro after St. 'Mary's schoolroom tire. After it was over he thought he met accused. He was not sure whether they were ".'to-gether-in the early "'part oi tne evening at Redstone's, the Masonic, and St. Mary's. Mr "Burnard:- I suppose accused was always the had boy, persuading you to light fires? — No. then -you were always persuading him to light fires ? — No; i iorget. He set nre to Tharratt's himself. Accused was not with him. . y A lengthy statement made by accused at the time of his arrest was put m. Witness said he did not think he said as much as was contained m tlie statement produced. He thought he was excited when he made the statement ; he might havo said a lot that was untrue, it - was about 2 o'clock when he was arrested . and taken- to the station and "fixed up m the office." The .detective told him that they, had; been, followed about for. a. fortnight, and that they had finger-prints on. bottles, apd that unless he owned up lie would get 'two years. He "was 'frightened into making the statement. Jle pniy brought O'Sudivau into the fires he was at, except Tharratt's, which was a mistake. His Honor (Quoting from witness's statement to Detective Rawle) : Is that true? — It is not true. Did U'Sullivan say he had a set on Hailey 's?--I don't know. Who set dire to Hailey 's?— l don t know. y ' - . You don't suggest ; that Detective Rawle made this statement up ?^I don't know. . „ ••■ * Was there a. fire at Hailey s?—les. Who set fire to it?— l don't know. The whole is untrue?— Yes. His Hondr ; L don't understand you. Re-examined by tlie. Crown Prosecutor, witness said^b^| he. v^as question ed at his whare by Sergeant Hutton and' the detective, who told him he would get five years. He was then taken to tho gaol. Tlie examination of tho witness lasted nearly two hours. George Williams, fruiterer, deposed that he observed an\ unusual light at the rowing shed when passing over the bridge. On 'rushing ''to the spot ho found straw burning and some of the boards alight. He and others put the fire out. Thero was a strong smell of kerosene. Round the other side of the building Mr Seymour had hold of a> boy. By Mr Burnard : The boy said he had nothing to ido with the fire. . Claude j". Hamilton, accountant, captain of the Gisborne Rowing Club, gave formal evidence respecting tho ownership of the rowing club shed. The value of the property was £700 or £750. By Mr Burnard.: The damage was estimated at about 10s! Robert T. Seymour, jeweller, stated that his attention was directed to a flame of fire four or five feet high m front of the rowing club shed. Running across the "Whataupoko bridge, he observed a 'person hesitating near the. Borough Council stone crusher; the person seemed doubtful whether to run or stand. It was accused, and witness took hint by the hand, remarking that he looked suspicious. , Accused said .ho I could give a good account ol himself that evening.. . Ho said he had just come down tb the convenience, and had been at the theatre aR the evening witli his mates, having •le i ft : . them m Bright street. Witness -requested accused .to accompany him to the police station. Frederick B. Bagtrap, of Muriwai, gave evidence that ho walked down Gladstone road with accused about a quarter to 8. The firebell rang, .and they • wont to the , fire at Redstone'^. The bell rang again,,^and. he and accused went up towards' tho belfry, accused running ahead of him. A largo crowd ran down the street, and . stopped , m .front of the Mosonic 'hotel,' where he met accused again. They walked down the street together, when* about 8.50, accused went away with someone else.' At this stage,, 5.15 p.m.;. the Court adjourned until 10 a.m. towy.