SUPREME COURT.

Star (Christchurch), Issue 10769, 15 May 1913, Page 3

SUPREME COURT.

——♦ CRIMINAL SITTINGS. Turßsim-, May 1.5. (Before his Honor Mr Justice Deiuiiston.) The erimiria! sittings of the Supreme Court were proceeded with to-day, Mr T. \V. Stringer, K. 0., conducting the cases for the Crown. A MALICIOUS OLD MAN. A charge was proceeded wit J], against Matthew Finlay Paterson, 'hi having, on March 22, 1.913, at Aslibilfton, wilfully set fire to a stack of peas, the property of Hugh Kennedy, a net thereby committed the-crime, of arson! Evidence was given by the Leeston constable, and by James Hill, and this concluded the case for the prosecution.

Mr Acland, counsel for the accused, in his address to the jury, contended that the evidence for the prosecution was all circumstantial, and it was unfair to convict a man on such evidence. His Honor said that the evidence in a case- of arson was necessarily circumstantial. The jury, after retirement, found the prisoner guilty. Mr Acland said that, the accused was of eccentric character. He was the brother of a man who was well-known locally and who had recently committed suicide while of unsound mind. Ho was a hard-working man, fortyseven years of age. Mr Stringer said that the prisoner had received five years' imprisonment for arson seventeen years ago. He was. of a cunning, malicious disposition, and was an exceedingly dangerous man to he at large. Detective Eade said that tho offence for which prisoner had served a term before was that of wrapping phosphorus in wet clay and placing it in straw stacks. It had been without motive. The prisoner was addicted to drink.

His Honor sentenced the prisoner to three years' imprisonment, to be followed by two years' reformative treatment. AN UNFORTUNATE OMISSION. James Golder was charged with having, on January 1. 1912, at C-hrist-chiirch, stolen a bicycle, the property of Henrv James Johnston. Mr" A. W. Bishop appeared for the accused, who pleaded not guilty. Henry James Johnston said that his bicycle had been stolen. Later he had found it in the possession of accused. Detective Gibson read a statement by accused, to the effect that he had obtained the bicycle from another man. A new complexion was placed on the case bv the evidence of Frederick Scott, of the'firm of Scott Bros., called by Mr Bishop, who said that accused was in the office of his firm. Accused bought a bicycle at his office in January. Ho had gone into the office of accused end found him negotiating with a man over the purchase of a bicycle. Witness had tried the bicycle later, and accused had said that he "had bought it for £3. The description of the bicycle coincided with that of the stolen machine. Mr Stringer here said that with the evidence of Mr Scott before him, he would not proceed with the case. His Honor .said that if Mr Scott had appeared as a witness in the lower Court the ense would never have been proceeded with. It was most unfortunate for tiie accused, and it meant waste of money for the country. Possibly the evidence had not been called in the lower Court owing to the fact that a misunderstanding had arisen through the extreme deafness of accused. If it had been called, the proceedings would never have "one on. The accused was known to be of the highest character. He would direct the jury to formally find the prisoner not guilty. The formal verdict was returned, and the prisoner was discharged. A BICYCLE THIEF. Albert Jennings was charged with having, on March 6, 1913, stolen a bicycle valued ax. £l3 10s, the property of * William Halliday. The prisoner pleaded guilty. Mr A. T. Donnelly, for the accused, said that he had been thrown on his own resources, and without the advantages of home life for the past five or six years. He was twenty-one years of age. He would ask that he should not be sent to prison. His Honor said that accused appeared to be weak-minded. A period of reformative treatment would, ho thought, fit the ease. The stealing of bicvcles was too common an offence. Prisoner would be sentenced to reformative treatment for two years. ALLEGED ARSON. John Willoughby was charged with having, on March 24, at Christ-church, wilfully set fire to a building situated m Tuam 'Street, and owned by Messrs Somerville and Rountree, thereby committing the crime of arson. Mr A. T. Donnelly appeared for the accused, who pleaded not guilty. Catherine Crowley said that, on March 24, she saw a man, a stranger to her, emerge from the gate of a house at 390, Tuam Street, and go towards Fitzgerald Avenue. Shortly after, at about 4 p.m., witness's husband arrived, and a little later they perceived a fire breaking out at 390. Tuam Street,, and summoned the brigade. The same man who had been there before returned. It was the accused. . Corroborative evidence was given by Horatio Crowley. Elisabeth Rountree said that the scullery window of the house had been tied up with string., and tins was cut. Detectives O'Connor and Torrance gave evidence. Edgar H. Jenkins said that ho had owned a house on the Ferry Road at one time. One day, while passing, he heard someone inside tho house, at a time when no one had any right to be there. He entered and found accused on the premises. Accused seemed very agitated and tried to get- nwny with a rush, eventually leaving through the gate. Witness entered the kitchen "and found the wall paper and n lot of scrim torn off and piled up, with wood on top, so as to make a species of little bonfire. ('Proceeding.) A DIVORCE CASE. [Per Pukss Association-.] AUCKLAND. May 15. The Supreme Court _ was occupied yesterday and to-day with the divorce case Thomas John Craig, petitioner, versus Zillah Aurora Crais:, respondent, and Henry Hargrave, bank clerk, of Sydney, co-respondent, misconduct being alleged. Evidence was given of letters containing expressions of endearment passing between the respondent and the co-respondent, but there was an absolute denial ef misconduct by the respondent, who. in a letter written to her husband after she left Auckland for good, said : "' All 1 have dene was to accept a little affection when I needed it. I have done nothing wrong." [Per Press Association - .! WELLINGTON, May 15. At the Supreme Court to-day Allen . Moody and Harold Bronr-.on were- sen- ! fenced to eighteen months' imprison- j ment on a charge o!' conspirivg (.;> do- j fraud by mean* oi Mi-. 5 -.-uiilidoneo . trick. I