DISTRICT COURT.

Colonist, Volume XLIX, Issue 11926, 4 May 1907, Page 2

DISTRICT COURT.

Yesterday a sitting of the abovenamed Court was held, his Honor Judge Haselden taking his seat at half-past ten in the, morning. Mr Wilscm Heaps, the Sheriff, was present, and Mr C. R. Fell appeared on benalf of the Crown. Before the jurors were sworn, Mr Richmond Fell said he had to ask his Honor to excuse Mr W. T. Bond from serving, he being over sixty years of age; also Mr A. J. Glasgow; who was obliged to go to Wellington, and had taken out his ticket before he had received his summons aa a juror. His Honor excused both jurors. Leonard Thomas ' Easton, alias William Wilson was charged with having set fire to a barn on the property of the Messrs Field, at Okiwi Bay, Croixelles, on April 16tb,1906. The accused pleaded not guilty and was undefended. The following jury was empanelled :— David Kenyon, U, H. Pickwell, G. T. Gunderson, P. Thompson, W. Bridle, J. G. Fairy, J. D. Roberson, W. L. Heyward, C. P. Graham, J. Craig, G. Bovey, and Jas. Boon, who was chosen foreman of the jury. G. E. Wastney and W. J. Ponney were challenged by the prisoner, and T. W. Bradshaw the Crown i'ropecutor told to stand aside. The evidence given was similar to that given in the Magistrate's Court a few weeks ago, when the accused was committed for trial. Tfao accused cross-examined the witnpsses, the drift of the questions being in the direction to show the tiro might bave been caused through a spark from burning logs near the s.ed, or from the forge in the sneri wtic-ro a horse had been shod that day. The accused, in addressing the jury, said he did not know what made him make the statement to Detective Hill. He had been arrested on another charge, and he was worried at the time. Ue had been in the Nelson Asylum, and he supposed Jbe imagined he burnt the shed and the stable three years ago on the Asylum property. That was the only explanation he could make. Besides he reminded the jury the tire could have originated from the burning logs, or the fire at the forge. His Honor put it to the jury that they had to consider whether there was sufficient truth in the accused's, statement to Detective Hill, that confession being supportod by all the surrounding oircumetanoes. Mr Boon said it had not been made clear whether *a stable was burnt down on the Asylum property at the time stated. His Honor : You must give the prisoner the benefit of the doubt of it. The jury brought in a verdict of guilty, with a strong recommendation to mercy. ! liis Honor said the accused did well in making the confession, but did ill in withdrawing it. He said all were sorry for the accused, and he urged him to endeavor to lead an honest and upright life, which he would find much easier than a criminal life. As the accused was serving a sentence of three years for robbery under arms, he would impose a sentence of six months' imprisonment in Wellington Gaol, to run concurrently with the sentence now being served. That was practically nothing at all, remarked his Honor. CIVIL ACTION. John Edward Barhatn v. John Timothy Foley, a claim for £50 damages, claimed for the wrongful issue of a distress warrant. Plaintiff owed defendant £32 la 3d with regard to a property transaction, and it was arranged that Barham should pay the debt in monthly instalments of £1 each, and fifteen shillings disbursements made by Foley. This arrangement was being carried out, when the distress warrant was issued and it was claimed it was issued for £4 2s 6d more than Foley was entitled to, £2 2a 6d being costs in an unsuccessful suit Foley brougtt ' against Barbara. Mr Hayes appeared for the plaintiff, and Foley conducted his own case. Mr A, T. Maginnity, who was called produced the draft of the arrangement to which Foley had attached his initials. Foley contended Barham had left him in the lurch as to the property, that Barham had bad the means .to pay him the debt in full ; and that Barnhain did not pay direct to him the monthly instalments, although written to about it, but continued paying through a solicitor. After bearing the evidence, his Honor reserved judgment, and the Court was adjourned |till eleven* o'clock this forenoon.