POLICE COURT.

Taranaki Herald, Volume XLIV, Issue 10296, 1 May 1895, Page 2

POLICE COURT.

to bed." I felt very ill, aud could not do my work, and I went up to bed, and did uot come down till I savr tho light. A cup of tea waa brought up to me during the day. I had no spirits, but a small bottle of salad oil, which I had bought for my hands. The bottle is now on a shelf in tho pantry. I never saw a methylated spirit lamp used in the honso while I was there, nor did I know thero w.\s any methylated spirits there. Mr Weaton submitted that a j>Wnirt facie case had not been made out by tho prosecution. The Bench, after retiring, thought that aprima facie case had been made out, and committed accused for trial. Bail was allowed in two sureties of £25, and her own recognisauco of £50. . ' ' The Court rose.

Tuesday, April 30.— Before W. Stunt, Esq., S.M., and C. K. Stock, Ebq., J.P. ALLEGED INCCN'DIAHISM. Emma Smith, an elderly woman, on remand, was charged with setting fire to Mr A. Drake's premises at Waiwakaiho on April 21. Mr Samuel appeared to prosecute, and Mr Weston for the accused. Mr Samuel opened, and called Alfred Drake, who siid ho had retired from business, and resided at Waiwakaiho. Mrs Drake on March sth last took into their employ Mrs Emma Smith, who represented herself as a widow. At this stage Mr Weston applied that his client should be allowed a seat beside him at the counsel table, as was permitted in other places in preliminary cases. Mr Samuel objected to such a course as an unusual proceeding. If accused persons were allowed to sit at the counsel table then they would have to permit the practice always, and they would next be having drunks and incapables at the counsel table. Mr Westou said that perhaps Mr Samuel knew more about the practice in other places than he did, but it hid been allowed by the Magistrate in Christchurch, notably in the ease of the Flanaghans. It would be a convenience for him to have his client sitting near him in order chat he could refer to her readily. Mr Samuel : If my friend will admit; he is imperfectty instructed I will not oppose the application. Mr Stuart thought if prisoner sat, in the corner of the deck it would bo convenient for Mr Weston a purposes. Inspector Thomson said, speaking from a long experience of criminal casea, it was an unusual thing to allow accused persona to sit at the counsel table save in exceptional cases. After further discussion, Mr Weaton said that the nature of this private piosecution was becoming apparent. It was unusual for counsel to appoar to prosecute in criminal cases unless they were private prosecutions. Mr Samuel : If my learned friend had not gone to Mr and Mrs Drake and said he was going to givo them a " slogging,' 1 then I would not have been here. Mr Weston : That is a gross misrepresentation, or Mr Drake has mistaken what I said. Mr Woston, continuing, said he called at Mr Drake s to see the place, and on "leaving ho hinted. that although he was obliged to Mr Drake for being allowed to see the place, yet he would have to do hid duty to his client. Mr Drake : You used the word "slogging,' 1 Mr Weston. Mi Drake: You have a poor sense of humour, Mr Drake. The Bench finally said that the accused could sit down in tho dock. Mr Drake's evidence was then continued : The accused went into town on Saturday evening, and was not seen until the next day, when she was tha worse for liquor, aud could not attend to her duties. She remained in her room. Witness had plan [produced] of tho houso prepared. The window shown upstairs on the plan is that of the room which the accused occupied. At this stage Mr Samuel asked witness as to whether conversations in the lower rooms could be heard above, wheu Mi Weston objected to the questions as leading, and again remarked that this showed the nature of the prosecution. Mr Samuel said that his friend was developing an Old Bailey ityle of interrupting. He was only a young man, and he was sorry to Heo him falling into the habit. Mr Weston : You know you are going beyond counsel's privileges; and because J am a young man you think you can do so, but you will find that you are mistaken. After further, argument between counsel, evidence' was continued : — Mr Drake said he spoke to his wife about sending the accused into town, but such a course was not decided on, as his wife said she would be locked up for drunkenness. They were speaking in audible tones. About 11 o'clock he closed up the house, and walked round to see if Mrs Smith's bedroom light was out. The French casement leading from her room was open. That evening about 7 o'clock he had a conversation with his wife about fire insurance. He said he was afraid on account of the drunken woman upstairs, and in case of fire he would be unins ared, as he had only given notice of alterations in buildings to one company. Afte" retiring to rest, his wife called his attention about 11.15 p.m. to something on the roof below Mrs Smith's window. He took the sound for that of footsteps. He jumped up nftur a few minutes' listening and ran to the window, aDd saw the reflection of fire, the garden being lighted up. He called to his wife to bring a 'watering can, and he ran upstairs through Emma Smith's room, on to the roof through the casement. The window was open, and door was partly open. He did not observe Mrs Smith when he went through the room. When he got on the roof the corner of tho house was on fire, the flames being ten or twelve feet high. He ran and threw a lot of blazing stuff off the roof. He detected tho smell of spirits. The fire had got under the iron and rafters. Mrs Drako brought a can of water to him, which he took through the door. Mrs Smith then camo to the window and said, "You and your woman and daughter bave done this ; I have not done it." By this time a lad named Christian in his employ arrived, and afterwards Mr G. Colson, % neighbour, came. Wi(h their assistance he got the fire out. If the fire had been allowed to burn two or three minutes longer it would have taken a firm hold on the roof. Mrs Smith all the time was abusing him and his wife. He finally ordered her out of the way, and ihi'ew her clothes after her. After tho fire was put out he saw Mrs Smith in tho kitchen going on like a mad woman. She kopt accusing them of setting the place on fire to get tho insurance. Mr Colson and he then drove her iuto town and gave her in charge. By Mr Weston : Ho had offered Mrs Smith somo whisky on a wet day previous to this when she was wet, out she refused, as she said that spirits got to her head, and she took blaokberry wine inatead. She had been a useful servant. Ho did nob know of any operations to accused's head. ! jßy the Bench : There was methylated spirits in the pantry, and after the fire Mrs Drake showed me that the contents of the bottle had diminished. Harriet Drake, wife of last witness, gave evidence corroborative of her husband's in the main. Tho bottle of methylated spirits had not been used by her or to her knowledge since Mrs Smith Lad beea in the house. After the fire she looked at the bottle, and there seomed to be less in it than the last time she used it. L'y Mr Weston : She had not used the bottle for eight weeks. Anyone could have had access to that bottle during that period. Georgo Colson, a resident of Fitzroy, 'gave evidence as to helping to put out the firo. Saw accused after tho fire. Sho appeared to be muddled, and r/as charging Mr and Mrs Drake and their daughter with having set fire to the house. Afterwards Mr Drake and ho brought her into the police station. By the Bench : There was a smell of spirits from the debris on the roof. Alfred Christian, omployed by Mr Drake, also gave evidence. This was tho case for the prosecution. Tho accused, after tho usual formula was read, volunteered to give evidence, and said: I never did do it, sir. I had a pound, and not thirty shillings, as Mr Drako stated when I went to town. [Mr Sntnuol: Mr Drake only said accused nid £I.] I saw Mrs Drake looking for r.io when I came homo by the coach on Saturday night. I stayed down till I saw a light in tho bedroom, aud then wont and sat in the bakehouse till morning. I went to the little girl's bedroom and asked her to let me in on Sunday morning, and she did so, letting me in at the kitchen door. I lit the fire, and Mr Drake came in and said, " Why, Emma, where have you been all night?" and I replied. " I have been in the bakohouso. Ho. laughed, but aerer mid, "Qq