Supreme Court.

Star (Christchurch), Issue 644, 16 June 1870, Page 2

Supreme Court.

CRIMINAL SITTINGS. Thursday, June 16. (Before Mr Justice Gresson and a Common Jury.) -The following is the conclusion of the case against Margaret Patterson and Emily Jane Williams, charged with arson: — The jury retired at 5 o'clock, and returned into Court shortly after 6 with a verdict of Not Guilty. The announcement of the verdict was the signal for cheers from some persons in the gallery, which were effectvally suppressed by a threat frora the Sheriff (Dr Back) that he would have those persons brought before hia I Honor, for such unseemly conduot in a Court : of Justice, if they continued their demonstrations. There being no other charge against tha accused, both prisoners were immediately discharge!. Some cheers were raised outside the Court-house on the accused presenting themselves. The Court adjourned until ten o'clock this (Thursday) morning, when the trial of Walter Neillas will be proceeded with. This Day. His Honor took his seat in Court precisely at ten o'clock. ARSON. Walter Neillas was indicted for having, on the sth November, 1867, feloniously, unlawfully, and maliciously set flre to the dwellinghouse of the Rev. William Chambers Harris, situate at Christ's College, Christchurch, the said William Chambers Harris being then in the said building. The prisoner pleaded " Not Guilty." Mr Duncan prosecuted on the part of the Crown, and Mr Wynn Williams appeared for the defence. Mr Charles Stewart Bell was chosen foreman of the jury. Mr Duncan briefly stated the case for the Crown, and called the following witnesses :— Peter Pender : I am Inspector of police, at Christchurch. I remember the sth November, 1867. On the morning of that day I heard an alarm of fire, and went to the College. I saw that the portion of the building occupied by Mr Harris was on lire. At the time of my arrival ths fire was confined to a gutter at the rear of Mr Harris' dwellinghouse, and on the same building. The gutter was oa the roof. Two roofs sloped in towards each other, and there was another roof at the end. The gutter was about eight or nine feet from the ground, as near as I can recollect. In consequence of information received, I arrested Neillas on the 28th May last. I cautioned him. He said he knew nothing of the flre at the College, that Mr Foley, the p'asterer, in whose employment he was, could account for where he was that night. The building was burnt down. There were four or five other fires about that time. Cross-examined by Mr Williams : I think the alarm was a little after two o'clock in the morning. So far as I can recollect, I looked at a clock, and perceived the time to be ten minutes past 2. The flre lasted about two or three hours. Marion Recce: I remember about the sth November, 1867. I was living with the Rev Mr Harris, at the College. I remembsr a fire being there. I went to bed at a quarter to ten o'clock on the night of the flre. My bedroom was over the scullery. Passing through the kitchen, I saw that the fire was out. I was awoke by smoke and suffocation. That was between two and three o'clock in the morning. Some moments after I awoke I saw flumes through tlie boards of the roof of the room. It was the roof between the two gutters, and was

outside tbe building. I got up and gave the alarm of fiie. I then awoke Mr Heads. After I first left the room^l returned. I cannot cay whether the flames were then through the roof or not. I think it was ten minutes after I awoke that I hea;d the fire-bell. I think the gutter was about seven feet from the ground. There was no fireplace near the gutter. This witness was not cross-examined. William Charrbers Harris : In November, 1867, I was head-maßter of Christ's College. I. occupied what was known as the headmaster's house. I remember the fire on. the sth November. I retired to rest the night before about 11 o'clock. Before going to bed I went round the front of the house outside, and into the kitchen and sitting-rooms inside, I believe there had been a fire in the kitchen only that day. I noticed the kitchen fireplace before going to bed, and to all appearances the fire was quite out. I was awoke between 2 and 3 o'clock in the morning. I immediately got up aud went down stairs into the kitchen. I there met one of the servants. From what she told me I went into the backyard. I there saw that the roof above the servants' bedrooms waa on fire It was tbe roof on the left-hand side of the gutter that I saw the fire. It was the roof on the north side of the house. The gutter was about eight feet from the ground. It was all ppe house. Any person could go into the yard ; it was quite open. The whole of the building, with the exception of the end of the boys' dining-room, was burnt down. Cross-examined by Mr v\ illiams : I think the fire lasted about two hours; The kitchen chimney was in the gable in which the gutter was. Sparks or burning soot could have fallen into the gutter from the kitchen chimney. By the Court : I think I said in the Resident Magistrate's Court that the kitchen Chimney was about 12 feet from the gutter. Amelia Levy : I recollect a fire at the College about the Sth of November, .1867. I was then living at the corner of Durham and Peterborough streets. I know. Walter. Neillas. At that time he was backwards and forwards at my house. I recollect the evening before the fire. He was in my house that evening. He left between 5 and 6 o'clock in the even* ing. I again saw him at my house toward* morning. He knocked at the door and said, "The College was on fire ; had I not heard the bell?" I said « No." He said, !« You'll hear it soon." He said he was at the fire ; tbat hp ran from it, tbat he met his mate, who was going to walk to Port to look for some work. He was going also, be said. That's all that happened that day. He said they might suspect him if they liked because he ran away. I said "They'll suspect you, running away, of setting the place on fir*." He said they might suspect him if they liked; that it was a beautiful sight, and he hoped it would be burnt to the ground ; it would be a little work for the plasterers. Prisoner is a plasterer, I believe. He said that he had assisted to burn a house down once before. He did not say what house. He did not give me to understand where that fire waß. He said he wanted work, and would like to see a few places burnt down. It was pre* vious to the College fire that he told me he had assisted to burn a house down. This conversation occurred about a month before the College fire. He only told me that he bad assisted to burn a bouse down. He once asked me for canvas to make some bags. He said he wanted it f< r tea and sugar bags. I gave him some. He took it away. He said he wanted sufficient canvas for a square bag. I gave bim nearly a square yard of canvas. I said it waß a strange thing to put tea and sugar in. I don't recollect saying anything else. On tbe morning of the College fire, he said he had been at the place ; that he was going to Port to look for work ; that he was sent by his "gaffer," and that his "gaffer' could account for him if he was suspected He mentioned that his " gaffer " was Mr Foley. He said tbat he had run from the fire to my house. Cross-examined by Mr Williams : He said he was at the fire; that he came past the fire. It was daylight when the prisoner came to my house. My name is Amelia Levy. I came to Christchurch about two years and a-half J go. That is not the name I came out under, came out under the name of Calvert, Tbey used to call me on board Maggie O'Connor, but it was not my name. I shipped under that name, because I didn't wish my name to be known as an immigrant. I assumed the name of Amelia Levy immediately on my arrival. I forget now with whom I lived after coming here. I never lived in the same house as Mrs Sellars. I stayed at Mrs Green's some time. Prisoner never supplied me with monty, clothing, or 'food. He never acted as a friend, nor did he ever live with me. [Did any other man ever live with you ?] His Honor told the witness she was not bound to answer if sbe didn't like. Mr Williams urged that the witness should be compelled to answer, as he was now testing her credibility. His Honor said that the question was degrading and irrelevant, and declined to compel the witness to answer. Cross-examination continued : I prosecuted the prisoner for an assault. '1 here was no familiarity going on between Sergeant-Ma jor Pardy and myself. I never wore a likeness of Pardy round my neck, nor yet had one in my possession. No man lived with me since I came to New Zealand. I have had a child since I came to New Zealand. I have had two. [And did no man ever visit you ?] Witness: Am I bound to answer the question ? \ His Honor: I told you before that you are not bound to answer if you don't like. Witness: I will say nothing more. Mr Williams again contended that his Honor should compel the witness to answer, as he was testing the credibility of the witness. Bis Honor said the witness was not bound to answer degrading questions, and cited Roscoe. The question cow put waa degrading to the witm-ss and irrelevant to the

issue, and he would not compel her to answer. Mr Williams cited from Roscoe's Digest, page 140, in support of his contention that the credibility of a witness was always in issue. His Honor again declined to compel the witness to answer. Cross-examination continued : I did not live with the prisoner in Kilmore street. Thomas O'Grady : I ara serge mt in the Armed Police Force, stationed at Rangiora. I know tha prisoner. On the 25th of March last I saw him in the Lion Hotel, Rangiora I had some conversation with him. 1 saw him about half-past nine in the evening. He was in the bar of the hotel with three or four other men. He was drinking some baer. He was asked to go to b»d by the landlady, a*id he said he would. When goii g, he asked me to go with him, as he wanted to speak to me. I went wth him. He sat on a bad in the room, and said " I rauit tell it." I said "If anything troubles your mini, you had better tell me; but, mind, I don't want to force anything from you." He said "Ifl do tell you, will you tell anybody ? and don't tell anybody up here who I am, as they don't know me." I said " All rght, and I hope you will be a good boy while you are here." He sai 1 {: I think I can believe you, but that fellow Pardy, I will kill him yet." He then got excited, rose from off the bed, and stood up in the room. He said " I'll let you into a secret, but mind you don't split on me. Do you know the '"ollege affair ?" I nodded assent. He said "ihe — — fire ; I was at the — •■ — place, and saw the whole thing done." He then paused, and said "I'm a scoundrel ; will he split?— no, he won't. I won't tell you any more to-night, but I will in the morning ; I'll be an honest man, and tell you the whole." About th-ee weeks afterwards I met the prisoner in the street. I was riding. . I said " Well, Watty, you haven't come to tell me that yet." He sain " No, I have not, but I will before I go, as I will do you a good turn." That is all. The witness was not croas-examined. H is Honor said he must say that he thought tbe witness had gone to the very verge of his duty. Tbe police should not be instrumental in any way in wresting information. The police here were a very efficient force, and did their duty well in general, but he thought Sergeant O'Grady was tempted to go to the very verge of his duty in this instance. Cross-examined : I meant by nodding my head, that I assented to what prisoner said. I had previously to, and after that night, had conversations with the prisoner respecting an illicit still. Reexamined : I understood by * c Will he split?" that the prisoner referred to a third party? William Foley, master plasterer, deposed that the prisoner had been employed by himself and bis brothers, on and off, for seven years. Prisoner was working for witness on the evening before the fire. He supposed that he left work at 5 o'clock. He did not send the prisoner to look for work in Port. Sergeant O'Connor di-poaed that he had paced the distance between the College and the house in Peterborough street, where Amelia Levy lived on the night of the flre. At an ordinary pace, it took him five minutes to walk the distance. Cross-examined by Mr Williams: I was ; one of the first at the flre. The fire lasted from about twenty minutes past two until after daylight. Inspector Pender recalled : Previous to the flre at the College, there had been three or four attempted fires in Christchurch — one in the gutter of St. Luke's school-house, another at the Devonshire Arms, near to where the prisoner lived. All the fires were within six weeks of the College fire. lam almost certain St. Luke's fire was before, j There was some combustible material in the i gutter of .St. Luke's schoolroom. I found in a gutter at the Devonshire Arms some gorse and other material sewed up in canvas. The piece of canvas and gorse had been slightly lon fire. It was made up in a little square bag about 12 inches long by 9 or 10 broad. There was an attempt made at St. Michael's school. I didn't find any other bag elsewhere. : This was the case for the Crown. Mr Duncan summed up the evidence given on the part of the Crown. Mr Wynn Williams, in addressing the jury for the defence, contended that the Crown had failed to prove the prisoner's guilt ; and although suspicious circumstances might have been proved, still that was not sufficient to warrant a conviction. The evidence of Amelia Levy was unworthy of credit, and he believed that, on the case submitted by the Crown, the jury would acquit the prisoner. His Honor thon summed up ; and the jury, after a short retirement, returned into Court with a verdict of " Not Guilty." Tbe accused waß immediately discharged. [Left Sitting].