SUPREME COURT.

Taranaki Daily News, Volume XXXXII, Issue 57, 23 March 1900, Page 2

SUPREME COURT.

ORIMINAL SESSIONS. L Chubsday, 22nd March.—Before Mr. Justice Oonolly. THEFT. f A youthful native named Maunga . )leaded "Guilty"to stealing £4 12s, ° ;he property of another native Darned t ' W"iwi, at Opunake, on November 14th. Major Brown interpreted. Constable Hickman proved previous t sonvictions for theft, and prisoner was . sentenced to six months' imprisonment with hard labour. c . ALLEGED ARSON. Thomas Payne was indicted for wil- -j fully setting fire to premises known as ■ the Herald office, the property of Henry . Weston. The jury were:—T. Avery (fore- ' man), George Waters, J. D. Wyllie, i E. L. Humphries, A. J. Way, F. Petch, Joseph Hooker, Vv. Miles, J. Davids, 0. B. Lever, P. J. Webb, and J. P. ' Lepine. Mr. Kerr prosecuted. , Prisoner, who pleaded " Not guilty," i conducted his own defence. In opening the case, Mr. Kerr read the statutory definition of "wilful," and said tke fire must have occurred either through a wilful act or by accident; if wilfully, then the question was whether the act was that of the prisoner or not. He minutely described the position of the Herald office and the adjoining buildings, the approaches at the rear, the distance and direction both of Mr. Cock's residence (where prisoner lived) and Mr. West's stables. After sketching the [chief points of the case, he called W. H. Skinner, Government Surveyor, who produced a key-plan showing the locality of the fire and the route to Mr. Cock's residence, the distance between being a chain or two under a mile. He also produced a detail plan of the immediate neighbourhood of the Herald office. Walter J. Penn, manager of the \ Herald, deposed to a fire taking place between the 23rd and 24th October, damaging a portion of the building beyond repair. He was the last to leave the premises shortly prior to 6 p.m. Before leaving he saw the place safe and the doors locked. No fire was ever used on the premises. The gas was turned off at the meter. To prisoner: "1i a are known to me casually. Knew of no reason for his setting fire to the place. To Mr. Kerr: It is possible prisoner might have been through the premises on former occasions, but he could not say, Albert Durham proved going with the brigade to the fire and running the [hose reel up the right-of-way at the back. The fire had then a good hold. He was the first on the spot, and flames were coming from through an open doorway. Captain Belli'inger stated that on arriving at the fire he examin the premises and found two distinct nodies of fire, the larger being in the publishing room ; the other being at the foot of the stairs leading to the compositors' room. The publishing room could be reached from two ways—by a way coming from the Boot Factory or by the right-of-way past Goldwater's. To prisoner: The door was open, but he could not say it was broken open. There wa3 no lock, but a bolt on the inside of Uiodtor. Charles Harrison, of the Imperial Holel, testified to giving the prisoner some mulches. Ho then wore a dark coat and a hard black hat. To pri onor: It w.is usual for men that smoked to ask for matches wheu at a hotel. John Oliver, cightwatchmaD, stated that prisoner was with him between 11 and 12 that night. They were walking about and discussed the previous fires. Prisoner inquired what damage had been done by the fire at Foids. and witness took him round by the back lane and showed him tbe effect of that fire. While there witness looked round and saw all safe and no one about. During the subsequent conversation prisoner asked that if at any time there were any fires in town and witness saw him knocking about not to mention it, as his boss did not like him being late in town at night. Prisoner then went towards Carrington Boad. Shortly, afterwards witness was standing in Currie-street when he heard someone running, and presently saw the accused come out of the right-of-way leading to the Herald Office. Accused came

towards witness and said, " I have left a bottle of medicine at Mr, West's stables, and I am going to get it." He then ran off towards Devon-street. Witness stood there a minute or two, <*nd then walked as far as Buchanan's and concealed himself behind some boards. He had been there about two minutes when he heard footsteps coming up Ourrie-street, and some person passed him. He peeped over the boards and saw accused, who turned the 'corner in tha direction of Oarrington ißoad. Witness then crossed over and went round to the Boot Factory, where he saw the glare of fire. He went up the right-of-way to the Herald office, and on approaching the window ! at the back he saw it was broken by the heat of the fire, which then had a ! pretty good bald. He ran and gave | the alarm as quickly as possible* To the prisoner; He had not met : him at the corner of the Imperial j Hotel. Did not remember who started i the conversation about fire, or mention ' that rumours were being circulated that . Constable Russell and himself had been i setting fire to the town. Had no recol--1 lection of striking a light at the place 1 where Ford's fire had commenced and remarking that whoever did it was a fool not to have lighted it over where the large buildings were. His Honour: Do you deny having ; said that to the accused ? j Witness: Yes, I do. I To the prisoner: It was about ten minutes after he saw the person run in the direction of Cairington Road that he discovered the fire, j Constable Russell stated that on the night in question he spoke to the accused at five minutes to eleven. In reply to a question by the accused, he told him that Constable Young was on duty at the east end of the town. About ten minutes to t.velve he saw accused crossing from Currie-street to Carrington Read. Whm he arrested him at half-past twelve on a charge of setting fire to the place, accused wore totally different clothes to those he had

>n when witness first spoke to him. i Accused said, "If you have proof, I nust be the guilty one." Carl Sorenson deposed to seeing iccused, who was s clad in dark clothes, when at the corner of Currie and Dourtenay-street about twenty minute i sefore the fire broke out. He appeared ;o be looking for something over the ;op of the buildings. He passed him • jgain going up the Carrington Eoad. Albert Henry Cock gave evidence that accused worked for his fathei and bad aroused him shortly after twelve on the night in question, and told him there was a fire in town. Walter Hooker was called by Mr. Kerr to prove that accused did not leave an overcoat or any medicine at the stables, either during the day or at night. To accused: Slept in a room at the far end of the stables. Could hear if anyone went round to the back of the stables. Sergeant St«gpoole gave evidence as to searching accused's room on the following morning andfindingsome clothes lying on his bed. To accused; This was the first time witness had heard anything against him. This closed the case for the s» cution. His Honor asked accused desired to give evidence on his own behalf. Accused having ascertained that such evidence, if given, would have to be on oath, declined the privilege. He had no witnesses to call. The Crown Prosecutor did con- { sider it necessary to review the evidence or address the jury. Accused, in addressing the jury, briefly commented on certain statements that had been made, and gave an explanation of some of the suspicious I circumstances that had been urged against him. He asked what possible, motive he could have in committing j Buch an act, and concluded by saying that he left it with the jury to believe him or the witnesses for the prosecution. His Honor instructed the jury that it was not a case of believing one side or the other, but of weighing the evidence. The statement, or rather comment, made by the accused was not evidence, nor could they regard it as such, as it was not even supported by oath. In cases of arson, as of murder, the evidence was almost invariably circumstantial, as it was very seldom a man was seen to commit either of these crimes, Proceeding to review the evidence of the several witnesses, His Honor drew attention to the main features, dwelling at length on the consistency of the evidence as a whole. The jury retired at 4 o'clock. Shortly after 5 p.m. the foreman reported that there were no hopas of the jury agreeing on a verdict. His Honor ordered the jury back again, but at 8.30 o'clock the foreman announced that they were still unable to agree, His Honor discharged the jury, ard ordered a new trial for Monday.