Alleged Arson

Southland Times, Issue 19115, 4 August 1903, Page 2

Alleged Arson

The hearing of the charge against Ouisejjpi tdobej.ui> Vain. accused 01 s^ttu.'K me u> u»-i siiui,.-, 01 ouueii saeuves, laiue ilau, th 0 iuoikj ty or miliam VDowd, 01 "opio, ncur mphtcaps, was eontinuiHl at tl»6 l'ohce Court yesttm&y betore Air S. ill. AtcLarthy, fc5.i1.,, tna case/ lor the prosecution being continued .Lawrence O'Dowd, son 01 the miormant, gave evidence that ho got up auout 5 a. in on Tuesday, Vm July, and lountl that tiie stacKs wore .being burned. «.e ctvlie'J his iu,iner and two Brothers, and hurried down to the fire. He founu mat two stacKs of one sitting, and one stack of another sitting were burning, me si raw stack between* the two sittings was not on lire. The remaining stack of the second sitting was not - touched. At hjs lathers request he went to Halls (a neighbour) for buckets and forks. All who came to assist arrived on foot. Uhere was a strong wind blowing but in such a direction "as to cause the unburned stack to shelter the other one of the same sitting that was burning. Had never noticed a hack in the lower paddocki during the year. — To Jir Macalister : Had been watching the stacks for a few nights after the lire ; never watched them before the fire. His father was wutching them before tne tire ; could not say how long he bad been doing so. Had not been near the stacks the night before or during thje early morning. Was not out of the horj.se till 5 o'clock in the morning after going to bed th» previous night at 9 p.m. Had not told anyone anything to the contrary. His father sometimes stayed out all night watching the stacks; did not know why he was not out that night. Had not discussed the case with Kelly and Flynn.- Did not know of tramps coining oil the road and going through the paddocks. The oats in the lower paddock were not discoloured, but „ were as good as any of the others. Michael O'Dowd, brother of the last witness, gave similar evidence. . He also deposed that he wrote a letter to Reid (accused's partner) four days before th« fire. Witness' brother delivered the letter. (Inspector Mitchell said that notice had been given the defence to produce the letter.— Mr Macalister said that it was destroyed soon after being received). Witness snid that the contents of the letter intimated to Reid that his machine was not good, enough to do the threshing, as it could* only dO thirty sacks an hour. To Mr Macalister : His father was watching th.c stacks for two or three nights not long before the lire. Could not say whether he was watching on the Sunday and Monday nights previous to the fire. Saw him go to bed on Monday night. Constable l>wan was the first to notice the horse-shoe marks in the paddock. Constable Joyce, Otautau, gave evidence that on Friday, 10th July, hs visited Nightcaps and went to O'Dowd's ■farm. Constable Dwan showed him the iior.-ie's footmarks and witness traced thorn right up to the burnt stacks.. Saw accused that day nnd went to his stable where accused showed witness and Dwan the horse he said her had ridden, on the Monday night when he went to. Prendeville's. Constable l»wan took an . imprint of the near fore and hind feet. After comparing these* with the imprints in the paddock witness was of opinion that the marks wore made by the sameclass of siioe ; they were identical. Accused told witness that he had been to Nightcaps on the Monday, came back to Opio, went- to Mick I'rendeville's, and was home about ten minutes past 11. He snid that Miss Hinton, the servant, knew when he came in. Witness saw Sexton at Valli's place, and compared the time of the alarum clock with witness' watch : the alarum clock was ten minute* fa»t. Saw Flynn. but asked him very few questions, as he thought, from Ms general character. ' that he! knew nothitiff about, the fire. To Mr Macalister : The imprint was tfvkeii bit accused's horse's feet. The witness iFlynn, questioned, said that Joe told him to say that he was home at 11.15 on Monday night. Flynn had every opportunity of telling the whole truth , To Inspector Mitchell; The questions -were put to Flynn casually. The residents in the locality were the reverse .of anxious to give evidence against Valli. .*■■'' Constable Dwan gave evidence as to findjng the horse track's in the paddock and on the road. He- traced the marks about the stacks and paddock, and then ** from the paddock gate to Prendeville'.i gate, where they Were crossed. The track then went to the left side of the road, and witness followed it back to Valli's gate where it went in, leading to the stable. Another track with the same prints, had been made into and out of PrendeVille's* gate, and witness followed it back to Valli's gate also. Had taken impriots of Valli's hack's shoes, and had also lifted two shoe ' marks out of the paddock. Saw accused in Nightcaps on the Monday evening ; he had had a good deal of drink but was not affected by it.— Mr Macalister cross-examined aa to the discovery and direction of the horse shoe marks. The conduct of the witness Flynn, iiv not informing the police on the first interview of the alleged confession by accused was touched on, Constable Dwan saying that Flynn was, like everyone else up there frightened of his life to, say anything' Flynn told witness later that he was frightened of being shot. ."* , The baring was then adjourned till 10 a.m. to-day. :•?'■"