Supreme Court Sessions.

Taranaki Herald, Volume XLIX, Issue 11784, 5 October 1901, Page 2

Supreme Court Sessions.

(Continued from Yesterday.) His Honor took his seat at 10 o'clock on Friday. ALLEGED ARSON. Thomas Payne was arraigned on an indictment, charging him that, on February 22nd, 1901, he wilfully set fire to a building in Devonstreet, New Plymouth, the property of Walter Bewley, He pleaded not guilty. Mr Kerr opened and called, W. 11. Skinner, who produced the plans and tracings of the locality. John Harlow stated he was carrying on a photographer's business in Mr Bewley 's premises on February 22nd last. At the back of tho block of buildings (including Mr White's) there was a water closet. On February 22nd he cleaned out the shop ho had taken, and swept out a lot of paper and rubbish within a few yards of the water closet. He locked up the premises at 5.30 o'clock that evening. That night an alarm of fire was raised, and on going out from his lodgings he found that the water closet in question had been on fire. The paper he had swept out had been collected and placed in the building. The fire was extinguished before it had obtained a hold on the main building. By Mr Weston : The premises were set alight on the night of February 24th, two nights after. He did not have a suspicion of a woman for the second fire. Ho could not account for that fire. He could not say if the police had any suspicion. He had not used the w.c. He had just gone into the premises. C. A. Harrison, licensee of the Imperial Hotel on February 22nd. gave evidence similar to that i n the (irst case. Evidence was given by C. E. Bellringer, the Town Clerk, and several other witnesses on the same lines as in the previous case. Mr Kerr submitted at the opening of the case a law book by Mr Justice Stevens, which contended that an accused person's continuity of action is evidence. An enquiry was made at the law library, but this particular reference book was not obtainable there. Evidence in the Payne case was similar to that given in tho lower Court. Mr Weston ' addressed the jury, and the jury retired about 3 p.m. At about 5.30 the Judge sent for the foreman, and asked if there was any likelihood of agreement, and the foreman replied that there was no likelihood of agreeing within a reasonable time. On the Court resuming at 7.30 the foreman of the jury informed His Honor that they were still unable to agree, and they wished to hear the evidence of certain witnesses read. These were C. A. Harrison, T. Brocklehurst, and J. Hooker. At 9 o'clock the jury returned and informed His Honor they could not agree, and they were discharged. ALLEGED THEFT. Allan Cleland was charged on an inelictment that he did, on June 11, break and enter the premises of Boon Bros., and did steal two drums of oil and one tin of white lead. A second count in the indictment charged him with theft alone. Mr Kerr prosecuted lor the Crown, and Mr Weston defended. Accused pleaded not guilty. The following jury was empanelled: —A. Bayly, W. Hine, W. Ellerm, R. M. Corney, J. C. Morey, A. Kilpatrick, D. Jones, G. Tisch, A. Good, C. Brown. G. G. Boulton, F. Thorne. Tho evidence was the same as that given in tho lower Court. Alfred Boon, of the firm of Boon Bros., stated that he had informed tlv; police of the theft, which was the- cause of this prosecution. Witness was cross-examined. .John Boon, of the firm of Boon Isms. ; R. Qi . Roberts, foreman of the firm ; A. Pikett. builder and contractor ; and A. Bussctt also gave c\ idence. C. A. Briggs, the secretary and part proprietor in the firm of E. W. Mills & Co., iron merchants, of Wei. lington, gave evidence as to this particular brand of oil. He said the oil came out in the steamer Mamari. especially consigned to them, and that the only consignment they had made of that cargo was to Boon 13ros. By numbers and marks he recognised the oil in Court as part of the Mamari's cargo. The jury, after a short deliberation, returned to Court with a verdict of " Not Guilty." Accused was thereupon discharged. The Court then adjourned till 10 a.m. on Saturday. THIS DAY. PAYNE'S SENTENCE. His Honor Justice Conolly, in giving sentence on Payne, who was found guilty of attempted incendiarism on Thursday, commented strongly on tho gravity of the offence. The sentence was three years penal servitude. FORGERY. Ching Queo, charged with forgery, pleaded guilty, and was sentenced lo 1R months' imprisonment. Thi scompleted tho criminal sessions. This completed, the criminal Bes-