Magistrate’s Court.

Wairarapa Standard, Volume XIX, Issue 1861, 23 July 1886, Page 2

Magistrate’s Court.

GREYTOWN—WEDNESDAY. (Before H. A. Stratford, Esq., U. M.) CHABOE OF ATTEMPTED ABsoN. Regina (per W. Pole) v Alfred James Smith. Mr Saudilanda for prosecution ; Mr Gray for defendant. Case on remand from Monday last. Mr Sandilanda tor the prosecution, stated that on Monday evening, July 12th, about 10.3d, Smith was found at Pole’s house haltering at the door and threatening Pole with s knife. Pole after retiring to bed war disturbed by the noise of ducks, and on getting up saw the mau Smith running away front a shed at the rear of the house, and afterwards found a mattrass on fire in the shed.

Wm. Pole sworn—Am a poultry dealer, chimney sweep, (fee., residing at Greytown ; knew the accused; he was in my employment about 11 weeks; be left my employment on the 11th inat ; 1 settled with him on his leaving ; he had resided on my premises all the time, and knew them well; I next saw the accused on Monday, 12th inst, in the Main Street, Greytown ; I had no conversation with him then ; I next saw the accused at about 9 p.m. ; I next saw him at my house at 10.30 p.m ; I was at the time in company with John Ryan ; the accused was then talking very loud ; there were two lads, John and Frank Lepinskey ; he was talking very loudly ; I cannot exactly say what he said, but 1 thick he was cursing ; one of the lads said “ Here is Pole coming; ” accused approached me, and said “ Now I have got you ; ” he clenched hia fist aa if to atrike me; I struck him in self defence ; I struck him several times ; the third time he batted at me with his head, and we fell together; we rose from the ground, and he said he would knife me ; after this we got clear, and Ryan and 1 went into my house and then to bed; alter being in bed a short time I heard my ducks and geeae fluttering about the place ; Ryan and I were in separate bed rooms ; I got up, partly dressed, and ran to Ryan’s bedroom ; be waa awake, and I told him there was somebody about the yard; 1 then aaw a man pass Ryan’s window; it was the accused ; be came from the direction of the large shed in my yard ; he was going towards the road; 1 immediately ran, half-dresaed, to the front door ; Ryan at the aame time ran to the back; accused was then opening the front gate, and he then went out; I saw no more of him on that occasion ; Ryan put on his boots, and went ronnd to the shed, and found the fire ; I was then dressing myaelf, and on Ryan calling out “ Pole,” I went to the shed and found the straw and flax mattrass on fire on the wooden floor; the shed had no door, only a bar ; I then went and drew the mattrass out and got a bucket of pig’s feed and put the fire out; the shed had not been occupied as a sleeping place by any one ; I immediately went with Ryan to the Mayor to give information ; I next went with D. Cameron, the town inspector, to accused’s whare at about 2.30 p.m., and saw accused there with another man named Drary ; he was brought out by Cameron, and at my instigation accused was given into custody ; he (accused) was then fully dressed. Gross examined by Mr Gray—l had no dispute with accused before he left me ; be left on good terms ; he went to live with a man named Drury ; Drury lives gome distance from my house ; during one week accused got drunk, and that is all the complaint I had to make against him ; he was in liquor when he came to my house, but was not very drunk ; when 1 saw him at the Post Office on the night of the 12th July at 9 p.m. he was apparently under the influence of liquor ; I knocked accused down about 10 p m., when he first accosted me ; I am quite sure I saw accused run past Ryan’s window, and run out of the front gate ; it is about 20it from the door to the gate ; I bad time to go to the front dour from Ryan's door before accused got out of the front gate ; he had a black coat and dark trousers on ; I shouted after him, and said '* You come back ; ” he made no reply ; Ryan and I then gave chase for about UK) yards on Humphries’ Line ; accused got through a fence and disappeared ; Ryan had bis trousers on, but no hoots; Ryan and I had both naked feet ; we then gave up the chase, and returned to my own house; during the time of the tussle 1 saw Mrs Richardson come out of her door and a young mau named Higgins rode np : Mrs Riqhardson said “ Pule, don’t have any row round about my door; ” after the fire had been found Mrs Bovey and G. Salisbury came into my place ; told Mrs Richardson that Smith had set my place on fire ; Mrs Richardson said she did not think be would do it; the door of the shed was fastened every night ; Ryan found the door open ; there is a window in the shed which opens up and down ; there was a good blaze when I put the fire out; the mattrass itself I took outside the shed; there are no marks of fire in the shed; the mattrass was smouldering when 1 first saw it on fire ; we had been away lour minutes chasing accused when we retired and'found the fire ; I went in at my front door and put my clothes on ; I ran back to put my clothes on and go back to find accused, but in the meantime we found the fire ; I went back to dress myself; I swear that this is not a fabrication ; it is not all lies ; I will swear that I did not set the mattrass on fire myself; I have not told any one that I did not see any one in my yard or go out of my gate; when we returned to the house Ryan and I went in together ; Ryan then went out to see that all was right; the doorway of the shed has doors ; 1 wish to correct the statement that there is no door to the shed ; the doors are fastened up every night; the shed is bstween 20 or 30 feet from my back door ; when Ryan went out there was one door and one window open ; they were closed and fastened at 7 o’clock; Ryan is now in my employ ; the door is fastened by a bar inside, and the person who fastens it has to come out by another door which is locked ; to enable a man to get in the building at the time he would have to get through the wiudow ; the glass in the window waa broken, and had been so for some time ; the proper entrance door was locked ; the fire occurred a little after 1 o’clock ; I thought Smith committed the act, as I saw him leave my place ; during the time Dan Cameron entered Drury ’a whare, and emeiged with accused, eight or ten minutes had elapsed ; 1 think accused was pretty sober at the time 1 struck him. Re-examined—When accused left ray gate he turned to the left; accused left my service voluntarily ; 1 indeutify mattrass now produced (exhibit A) aa the mattrass which I found alight in my shed ; on the night of the 12th July already referred to in my depositions

The Dench bore remarked that witnesses who bad been examined must remain in Court.

John Eyan sworn—l am in the employment of the last witness, Pole ; I know the accused by sight; I recollect the night of Monday, the 12th inst. ; between seven and eight was at Mr Jone's Forester’s Amt Hotel ; 1 saw the accused Smith ; the accused asked me where Foie was; I said I did not know ; he told me I ought to know; he then went in to the hotel; he came out and said I must know where Pole was ; he said he wanted to punch Pole ; I waa all this time under the verandah ; I saw the accused again about 10 p.m. near Mr Pole's place on the road ; two boys were with him named Lepiuekey; 1 heard the boys say “ Here's l‘o;e coming ; ” Pole and I were walking to his place ; on my approaching with Pole, at cu.-cd came up to Pole with hie flat clenched .no awoie at him, saying" I will do for yon,” or something like thet: 1 did not hear licensed say anything more ; Pole then defended himself by knocking the man down; accused then got up agsiu and butted Pole between the legs, and then both fed; Pole wert at him again and knocked him down ; accused again got up and mid be wonld have Pole again ; Pole again knocked him down; accused then said he wonld knife, Pole; I then asked Pole to come homo with me to bis own house, which he did, leaving accused on the road ; we then retired to bod ia Pole’s oome ; soon alter h- srd a noise in the yard; I saw a man coming down the yard; thie was abmc 11 10 put., it was blight moonlight ; Pole nog ont to m# from big M

room “ Did yon bear footsteps ; " . npued “ Yes I stid I will go out the front way and you go out the back ; 1 then aaw Moused 1 ran out of the back door, and Pole went out of the front door, but while ontaide I did not see accused ,Smith ; Pole then said to mo •’ Let us run alter him ; ” we went along tb* road for about 100 yardi; 1 aaw nothing of accnaed, but would not go any further aa I was barefooted, and there wag gone about ; I then said I would go back and aee if everything was safe ; I went round to the back, got my bootn on, and from there I thought I would go to the back yard to aee all waa site, and discovered at the shed that a certain door was open that 1 had previously fastened that eight inside ; 1 said to myaelf " My goodness; " 1 then saw a fire ioaide the shed ; the mattrass was standing up against the partition and acme loose straw at the bottom of it was alight; I called oat to Pole to come on quick ; Pole then came up ; I noticed that a window was lifted about 18 inches ; I noticed that part of a gin case waa standing endways np against the wall on the outside near against the window, which was not there on the same evening; when Pole and 1 went out on the road we aaw nothing of tha prisoner.

Cross examined by Mr Gray—Accused was not tipsy at the Foresters’ Arms after seven or eight o’clock, nor when I nut him al about 10 on the night of the 12th icat; there is a crochet screen at my window at Foie’s house; when I first heard the alarm given by the poultry 1 heard footsteps; I then looked out and saw a man pass my window ; after passing my window hs took two or three strides on tiptoe; my (window looked towards the shed behind tbs| house ; be (accused) came toward my window within five paces ; he then ran towards the gate; Pole’s bedroom is in front of the house ; the man disappeared from my view after passing the window ; Pole came to my bedroom door, be did not come in ; after leavfng the front gate Pole and 1 ran along the road towards Woodside ; saw no one on the road then ; I was barefooted; I then returned to the house ; I went in the back way ; Polen went in the front way ; we were away from the house seven or eight minutes in pursuit of accused ; the door 1 found open, I never sew open before ; there ia more than one window in the shed ; I believe that the windows ia the shed lift np and down ; tha one 1 found open does ; accused was dressed in brown as at present; be bad a black felt hat on ; when I found the door open I also found a fire, 2nd the fire waa smouldering in the straw; had nearly burnt out; this mattrass (exhibit A) is the one that was on fire; I pat the fire oat; Pole did not ; Pale flung the mattrass outside ; Pole saw the fire ; during the time of tnssellng between Pole and accused I heard no threats of summoning on either side. Frank Lepinsky sworn—Am 16 years of age ; have conversed with no person since tbs Court adjourned ; I recollect the 12th July. I was at Pole’s place sboot 10 p.m. Know the accused, saw him there at that time ; saw him aim two stones at Pole’s bouse ; he said. After 1 light my pipe I will smash Pole's windows.” Pole said, “ what do you want t" Accused said, I want more wages; man’s wages, not child’s wages. My brother John and I were with accused at the time ; I aaw Mr Pole coming along with Byan and 1 said to accused “Here’s Pole eoming.” 1 aaw accused raise his fist to strike Pole, who kuooked him down ; 1 beard the accused say that he would have Pole's bouse burned down before morning ; he said it to me and my brother before Pole came up; a young man named Higgins caipe up at the time, and told accused to go home ; Mr Higgins got off the horse and went behind accused ; I am not sure whether Higgins took the knife or not from accused when accused threatened Pole with the knife. Cross-examined by Mr Gray—Accused swore before be saw Pole; after Pole came up Smith did not swear at Pole ; Smith told my brother and me that he would burn down Pole's house before morning ; he was tipsy; while Smith threw stones at the house, Mrs Pole came out and told accused to go home ; he said he would go home when he liked: this was before Pole came up ; accused did

not throw stones after this. When the assault was committed Ryan waa backing Pole up and said “ Kick him, Pola ! Kick him, Pole I” I had been to tha concert; 1 saw accused come out of Richardson's gate ; ha said to Mrs Pole before be threw the stones

”Is Bill in ;” he threw stones after that; I live near Pole and am a friend of his ; I have talked this matter over with Mr* Pole ; she told us what to say yesterday about All (accused); she was then talking to my father; she told me I would have to go to court tomorrow at 10 o'clock ; the did not say anything more to me ; I have been to this court before ; I have been summoned for some indiscretions in the school ground ; I once got a whipping tor' stealing something; Mr Wardell ordered it.

Re-examined by Mr SandHands—Yesterday week I aaw Constable Darby and told him what I state to-day. John Lepinakey sworn—(Examined by Mr Gray). I recollect being ‘with my brother outside of Pole's place about 10 p.m. on July 12th ; I heard Smith swearing, and he threw two big atones at the bouse ; accused said he would have the house burned down before morning; Humphries' boys were passing and also Mr Cameron, who told him to keep his month phut. I saw Pole and Ryan comiug round the corner. Accused said, “ Hallo, Bill,” I want more wages, I want man’s wages;” Smith was about hall diuuk; I had been to the concert with my brother ; my brother and I were together all the tints ; Mrs Pola did not come out until after he had thrown the stores ; when I first saw Smith be was at Mir Rieiuiidsou’s door; she was talking to him ; Mrs Pule was at our house yesterday ; she l >ld me to come to court today ; I have been in this court before about the school pump ; I have also been in the lock up for stealing something Charles J. Higgins deposed—On July 12th, shortly alter 10 p.m. 1 was riding along the road at the end of Humphries’ line. 1 aaw outside Mrs Richardson's house accused ’yiog down on the rood and Pole and Ryau standiug over him. I heard accused, whoa begot up, say thht if Pole struck him again he would knife him. I advised Pole to go homo and helped Smith to get up and afterwards picked up from the ground bis hat, sc-wl aud knits, now produced, which 1 banded t» Mr Turner. Cross-examined by Mr Gray—The accused was very druuk. Accused then went past Pole’s bouse and I saw no more of him that night. Smith went on towards his place and in my opinion was staggering drunk.

Daniel Cameron on oath said at followt: I am Inspector of Nuisances for Qreylown. On the morning of Tuesday. 13th iait., I went with the witness Pole about 1.30 to a where in which 1 found the accused Smith ; he was in bed not undressed, hut bad hit boots off; I roused him up and told him be wat accused of setting fire to Pole's place ; be denied it; he aaid “ It is not true, I newer lid such a thing.” He then pointed to bis wounded eye, saying to me, ” Look at this,” I told him to come to the lock np ; be aaid nothing about a knife. Constable Joseph Darby, stationed at Carterton, deposed—ln the absence of Constable Eocleton 1 inspected W. Foie’s premises on the morniug of Ju'y 13th, with regard to the shed near the abed the mattraaa produced was lying ; on the same aide is a saah window (partly open); under the window 1 saw a giu case standing on its end against the wall ; I also found the shed door, which is fastened inside when closed, open ; the mattrae* waa lying a few yards from the shed in the same state as it is now ; the window wss sufficiently open for a man to gat in and oat j the top of the box wss tbits fast from lbs window.

Croea-examined by Mr Gray—When 1 mw the window it was open ad about IS iaaboe ; it eonld go np farther, bat it was jam bed ; the window ia a little more than 4 teat from the ground.

Joseph Eooleton- Am a eoostable stationed at Gray town. 1 examined the premises oeaapied by Pole on the 19th aad 90th Inat, the neareet part of the shed is about it yarda from the mom. aaid to be occupied by Byae j it ia 86 paeaa from Pole'a back-door te the roadside gate. Any pence to get to the mad gate from the abed would pern fat view sritUa f yard• from Byaa'i bedroom vfcdtt Md

eoold also be seen from Pole's bedroom window, in passing through either gates, the distance being about 9 yards -nd no obstrnc tion between window and gate. Cross-examined—Ryan told me he bad not seen the man on the road when chasing. Witness Higgins re-c«lled by Mr Gray—] beard the accused threaten to summon Pole lor having called him a thief; this was after the aeaanlt. Witness Frank Lepinskey re called by Mr Gray—l have received no promise of being paid any money for my evidence in this case, neither have I told Mr Lewis, the barber, that I should be paid lots of money by Pole. James Lewis sworn—l am a barber, residing at Greytown, I know the boy F. Lepiuskey, I was present in court on the 13th July ; after the court adjourned I went towards home and saw the Lepinskey boys in front of my shop ; I was speaking to the boys about the ease ; 1 also cautioned them to tell the truth ; Frank said, “if I say plenty I get plenty of money, Pole tells me this." Pole was not present at the time. Cross-examined by Mr Sandilands—l am quite sore he said Ur Pole. F. Lepinskey re called by Ur Sandilands— I told Constable Darby what I heard before I came to the eonrt on the 13th. I am not qnite sure if Pole bad spoken to me before the 13th. To Mr Gray—Constable Darby told me Tneeday waa the 13tb. This was the conclusion of the arson ease. His Worship without any remark after the reading of the depositions, dismissed the charge. Assault Case. This ease was the outcome of the previous arson ease, and was brenght by James William Drury, on behalf of the accused in the other case (A. J. Smith), who baa been in gaol on remand, and related to the assault already mentioned in the ease. Mr Gray, for tb# prosecution, asked the Magistrate if be intended to use the evidence adduced in the other ease as a guidance to hie decision in this ease.

Mr Stratford :- Mr Gray, I may say candidly that my mind baa been made np. I am much inclined to say I have already heard it. I don’t know what Mr Sandilands says. If there is sny farther evidence, I can bear the evidence, but if yon think I know too much of this ease, yoa msy elect to have it heard before the Justices.

It vm ultimately agreed by counsel on both sides that the evidence already beard be treated aa evidence in the assault ease, so lar as had been elicited in the arson case. A. J. Smith, the accused in the former ease, was then placed in the box. and on being sworn and examined by Mr Gray deposed as follows :—I left Pole's employ voluntarily last Sunday week, .and then went to live at Mr Drun’s. I was in Jones's Foresters’ Anna Hotel at Oreytown about two hours on the night of the 13th inst. I theu went to the concert; when going home and in front of Pole’s place, Mrs Pole accused me of throwing stones at her bouse. I denied tbe act, and then Pole and fiyan came op and Pda assaulted me; Byan said to Pole, now yon have the chance, murder the b ; kick him down Pole assaulted me several times in a brutal manner. 1 told Pole when I got up that be would bear more of this in the morning ; I got home at about 10 30. Mr Drury saw me on my arrival home and bathed mv eye and told me to go to bed ; I went to bed and remained there until Mr Cameron came and arrested me.

Cross examined by Mr Sandilands—l remember speaking to Byan at tbe Foresters’ Arms that evening. I did not ask for Pule. I do not know a man named Dooley ; I saw several men under tbe hotel verandah ; I did not go to Pole’s house on tbe night of tbe 12tb inst. I have to pass Pole’s bouse to go home. Mrs Pole was out at the door as I went bv. Ido not remember wbat I said to Mrs Pole. I was not sober when Pole came np ; I remember being knocked down and Byan also kicked me. Priscilla Biebardaou sworn. To Mr Gray— I saw Mr Smith, the complainant, come np talking to some boys ; Byan and Pole then came np ; Smith was talking lend bnt I did not bear what be said. Pole and Byan then treated Smith shamefully. I did not come out until I heard the cries of “ murder.” Smith was too mnch intoxicated to defend himaelf. It was right in front of my bouse where the man was knocked down.

James Phillips was called, but said be knew nothing of the case; be did not see the aaaanlt.

James William Drury sworn, said—l am a laborer, and remember Smith coming borne to my piece on the night cf tbe 13tb inst. at just 10 30. When he came into tbe door I taw his face was eat and his eye blocked up. I bathed his face with a toml. He never left the house again until Mr Cameron came to kirn. -Smith did not tell me he bad been fighting. I helped him to bed and took off bis boots. He remaioed io bed until Mr Cameron came and arrested him. I then bolted the door and locked it.

The Bench Here dismissed Ryan. Mis Anna Pole called, sworn—l am the vila of William Pole, the defendant. On the night |oi the 12th lost I was in my house ; 1 beard big stones rattling ou my boose. Smith vae there ; he asked me where Bill was ; he Mid, 1 want him here for a half hoar—l will show him what I will do with him. I was standing in the doorway, but I did not see my bosband come op ; I beard Smith say. •• Come on lam ready for yon.l did not flail Smith any names. 1 was standing m the doorway, but ooald not see the assault for the gone hedge. My fansbaod has been convicted before in this Court tor fighting. The Magistrate, at the close of the case, spoke very severely to Pole as to his conduct in this ease of assault. " Under ordinary eireamataneea.” said bis Worship, “ lor such a thrashing as yon gave the man Smith I would have you asnt to prison ; but under the circumstances I think yon received some provocation. Smith, no doubt, had some ill feeling tovardi you and gave annoyance to yonr wife at your own house. Probably he tried to draw you out. lon were sober and eonld have aeen that Smith was drunk and should have acted differently to what you did. 1 give great weight to the evidence of Higgins in this case. There is no doubt Smith was the aggressor ; in his drink he thought he could give you a thrashing, but yon were able to deal with him and punched him. I cannot say 1 blame yon for this, (or the man needed a eraek to keep him quiet. But yon should have said, " 1 will not fight a drunken mao.” The man Ryan behaved in a moat cowardly way in urging you ou, and it was Higgins who saved Smith from a still more severe beating. Smith went home so braised tbst it was evident be was badly punished. I want you to know that it was for this second and severe beating I most deal with yon. The coat of the case are heavy and 1 will be lenient. I shall fine you £2 and costs, in default of payment ten days' imprisonment with hard labor in Wellington prison.” The costs came to £2 15s and Pole asked grace until Saturday to pay the whole amount £4 15s. Hu Worship, however, declined to grant the time.