COMMITTED FOR TRIAL.

Taranaki Daily News, 19 August 1926, Page 10

COMMITTED FOR TRIAL.

CHARGES OF ARSON & THEFT MANGOREI FARMER ACCUSED. FLEAS OF NOT GUILTY ENTERED. Harris Leonard Spence, farmer, of Upper ’Mangorei, was yesterday committed for trial at the next sittings of the Supremo Court at New Plymouth on three charges of arson and one of theft. Harris . pleaded not guilty to seven charges brought against him in the Magistrate’s Court at New Plymouth. All of them concerned offences alleged to have taken place on properties adjoining his. The charges were as follows:—On August 4, setting fire to a stack of oaten straw (about 20 tons) and stealing a separator bowl and parts valued at £7, the property of Frank Hardwidge; on August 6, setting rc t° a stack of hay (about 10 tons), committing mischief by wilfully damaging harness (the property of George Mitchell) to the value of £4, and setting fire to a cowshed; on August 7, committing mischief by wilfully damaging a pane of .glass (value 2s 6d, the property of G Mitchell); and, on August 4, damag-, ing a tin of benzine (value 4s 6d, the property of J. Mitehell). Detective Meiklejohn pointed out that in cases of mischief the accused had not. the right of trial by jury if the amount involved was under £5. He would, leave it for the magistrate to decide what, course should be adopted in regard to those cases, in view of. the accused electing to go to trial on the 'indictable charges. Mr. R. W. Trfte, S.M., decided that the. hearing of the summary charges should be adjourned sine die. George C. Mitchell, in' evidence, said 60 acres of. his farm at Upper Mangorei jClit across accused’s property of 209 acres. Spence had. been on his farm four or five years. About 6.30 a.m. on August 4 witness saw that his oaten stack, some of the posts that surrounded it, and a ladder had been burnt. There had been about 20 tons of oats in the stack and he valued it. at £100.: The stack was not insured. Apparently the fire had started at the north-west corner of the stack. The gates leading from the road to the locality were all open, though they had been closed the night, before. The heel-marks of a strange man with big boots were not- : iced near the gate. Accused knew the: run of witness’ place very well and often took a short-cut across the paddocks. This would also be the shortest way to the stack and cowshed. SMELLED BURNING HAY. Witness rose at 6.30 on the morning of August 7 and smelled burjng hay as lie was about to have breakfast. He found his own stack was all right but that on Hardwidge’s place, 300 yards away, was alight. Witness went over to the house and woke Hardwidge and his man. Crocker. They all commenced to put the fire out. While working on this his son, James Mitchell, came over and told witness his cowshed was alight. Witness immediately : (tent over and found that the end of the shed and the partition between the separating room and the bails had been alight. A door was still burning and witness put it out.

In the ashes of the fire he found a broken bottle and parts of harness. One horse collar was completely damaged and the other was badly scorched. . Inside the separator room two milk cans of bran were destroyed.

The detective here : produced the re mains of a pair of blinkers, broken bottles, charred wood and various other things that had. been through a lire. On Sunday, August 8, Spence came to M+tcheil’s house to ask if his son would help him look for some stock. Spence said he thought the sheep were at the back of Mitchell’s place. On the evening of the Thursday, August 3, Spence was talking to witness and when the fire was mentioned he suggested it was most likely to have been struck by lightning. On Thursday, August 12, the day the police came out, lie told Spence he would leave the value of the oats to be determined by the man who stacked it.

Spence said: "That will be all right; I’ll settle it later.” Subsequently, when the detective told accused he would have to be charged Spence said: “You fellows don’t want me to go in there to-night? We’ll settle it. later on.” Witness replied : “It is out of our hands now, and has been for a week.” The door at the north end of the cowshed was half open, or perhaps a little more. A window had been broken. The collars, blinkers and harness were hanging on the wall the previous evening and would have had to be removed from the hooks to be thrown on the fire. A faint footmark was seen outside the shed. The damage to the shed was about £lO, and the harness burnt was ,worth between £4 andj £5. BENZINE TAMPERED WITH. James Allen Mitchell corroborated his father’s evidence. On Thursday, August 5, he noticed one of the tins of benzine in the shed was only three-parts full. A hole had been made in*it, probably with a strong pocket knife. There were traces of benzine over the floor. About three gallons had leaked out. On the morning of August 7, witness found the end of the shed and a partition alight. He poured two or three buckets of water over it and went to inform his lather at Hardwidge’s. Two pieces of charred wood produced did not belong In Mitchell’s farm. On Wednesday, August 11, accused came across to Mitchell’s place for some tobacco and after he had left, 'witness measured the marks made by a heavy pair of hobnail boots which Spence was . wearing. Witness covered them up until the police arrived. They were made by the boots produced; these had been worn by Spence. Frank Hardwidge, fanner, who lived across the road from Mitchell’s, said that on. the morning of August 4 he found the bowl of his separator was missing; it comprised about 26 pieces (produced). The cost of the bowl would be £6 or £7. Witness said that ou August 7 he was awakened by Mitchell at about 6.30 a.m. He saw' through the window that his stack was afire. They managed to get the fire out between 11.30 and 12. the neighbours assisting. It v as raining heavily and that gave them water in a pool by the stack; otherwise they would never have got it out. About five of the ten tons of hay was saved, but it was all more or. less damaged. Since that date witness had seen footmarks on his property that could have been made by the boots produced. On August 16 he accompanied the police to a piece of bush at the back, of Spence’s farm. After about three hours’ eearch the bottom of the separator bowl

and eight discs were found by Crocket. On the way to eoe the find witness discovered two more discs, Detective Meiklejohn found two, and Balsom one. Later the detective found two more. The top plate, about eight discs and the bowl proper were still missing. On August 12 witness went to his cowshed in company with accused and the police. Spence went in first, opened the doors and led them to where the bowl had been left drying. He told them that was where he had taken it from. Later Spence told them he had lit the stack lou the north-west corner. Afterwards Spence said: “What made you suspect me?” Witness replied; “Your feet.” Edgar Harry Crocker, employed by Hardwidge, said he had found the doors in the cowshed open on the morning of August 4. The bowl and discs of the separator were missing. WERE OFFENCES ADMITTED? Detective Meiklejohn said that on August 7 he went to Mitchell’s place and saw the men working on Hardwidge’s haystack, which had been afire. He went to Mitchell’s cowshed and saw the remains of a fire and a bootmark outside the shed. On August 9 >e returned to Mangorei and saw on Hardwidge’s farm a number of large boot-marks. On the morning of August 12, in the company of Sergeant Martin, he examinedtwo -bootmarks on Mitchell’s plaee. They corresponded in every way with the marks he had seen on Hardwidge’s farm on August 9. loiter Sergeant Martin and witness went to Spenee’s farm. When Spence came in witness told him Sergeant Martin and he were making inquiries regarding the theft of articles and fires that had recently occurred. Spence could not think of any implements that he had lost, but remarked that a heifer, and softie sheep bad been lost or stolen. Spence also said he was satisfied that some pedigree calves belonging to him had been changed after their birth. At. least three of his cows, he said, would not mother the calves they had' with them. One live calf and one dead one shown to the police had : white markings on them,. which would 'not be on 'pedigree animal/. These facts were considered by Spence to be evidence that the calves had been changed. Spence was reluctant to aceuse anybody, but' said he thought the offender might be Jimmy Mitchell. Witness told Spence he had seen boot-marks on Hardwidge’s place similar to his. In reply to a question Spence said he must have been walking at night about Hardwidge’s place. It commenced to rain about this time and on the way to the kitchen for shelter accused said he had had influenza about a month before. Spence made a statement to the detective which was read over to him later. While Spence was giving the statement he showed the detective a knife (produced) and, partly opening the blades, said he did not know which one he had used to open the benzine tin. The statement said to have been made by Spence’was then read. In it admissions were made and details given of all the offences. SPENCE SHOWS THE POLICE. The detective continued that after having some lunch accused took them across to the back of bis farm and showed'them approximately where the separator parts had been thrown. A search revealed nothing. Inter they visited Mitchell’s plaee and Spence told them he had set fire to the wood on the north-west corner of the stack.

At the cowshed witness explained he had broken the window to make some draught for the fire. The party then went to the gate for the benzine tin and Spence had a conversation with Mitchell and Hardwidge, who came later. The. party went to Hardwidge’s cowshed where, on request, accused pointed out tin: way he went in and the shelf, from which he had taken the separator bowl. Afterwards, at the haystack, accused pointed out which- corner-he had set afire. When-on the road later witness told Spence he would have to be charged with the offence. He replied: “Oh, I expected that, but I think it rests with these chaps here. You chaps don’t want to press the matter.” HardW’idge replied that: the matter was in the hands of the police. The detective told Spence temporary arrangements would be made for the care of his stock and he was brtnigk* to town and charged.