SUPREME COURT.

Wanganui Chronicle, Volume LXVI, Issue 17212, 13 February 1918, Page 7

SUPREME COURT.

His Honor Mr Justice Edv.ards was on the bench when the case in which John Benjamin Clarke was charged with arson at Stratford was continued yesterday.

Mr G. M. Marshall, Crown Prosecutor, prosecuted, and }ir R. A. Singer (of Auckland) appared for the accus,ed. # Albert James Davey stated he had examined the tin, and found it had contained benzine recently.

Frank Moore Lane, borough inspector at Stratford, said lie passed tliG scene of the fire at 11 p.m., and there was no sign of fire at that hour. When he passed the door of the shop he had observed two men—one inside the door and the other out on the footpath. Accused was inside, and witness distinctly heard the words "two minutes." About a minute and a half later, when witness was in Broadway, he heard an explosion, and then the fircbell rang.

-"T the outbreak had been suppressed witness had charge of the premises. Emilc Dean, cook at Stratford, said he went to the fire and while there spoke to accused, who said while he was doing his books "an explosion blew him out on to the footpath." Arthur Fred Avery. merchant, of New Plymouth, gave evidence concern-

ing purchases made by accused of Hocklum stoves. Witness demonstrated how these stoves worked, and said benzine or petrol should not be used in themEVIDENCE OF BENZINE. Sergt. Dale, stationed at Stratford, said that on inspecting the premises he found a strong smell of benzine round about the rostrum or auctioneer's selling stand. Next morning witness and Captain Grubb found a tin (produced) underneath the stand. On being opened iL was found to be about a quarter full of a liquor which on being emptied on to the ground was set fire to by Davey, and it flamed up j immediately. From the test and smell Sergt. Dale had no doubt that it was benzine, or spirit of some sort, because it burst into flame without the match coming into actual contact witii it. A sample of the liquid was produced. Some.straw and a large box were also found under the rostrum. A week later witness found a quantity of paper under the restrum, and under that paper he found one of the Rocklum stoves, the lid of which was firmly attached to the tin. On being opened it was found to be full of benzine. Straw and baggage were also found which smelt very strongly of bonzine. In conversation with prisoner the latter had said he could not account for the fire unless he had dropped a cigarette, or else someone luid "got one on to him." Witness having told prisoner that a very strong smell of benzine had been fewnd on the premises, the latter had replied that he had had no benzine on the premises because he had no use for it. According to witness the two stones produced were similar to those found at New Plymouth.

Constable Tizard, of Stratford, gave corroborative evidence.

Arthur H. Herbert, owner of the dc stroyed premises, also gave evidence.

CASE FOR THE DEFENCE

Prisoner did not call evidence, and Mr Marshall intimated that lie did not wish to address the jury.

Mr Singer commenced liis address at 11.20 a.m. and concluded at noon. He said it was the first duty of the Crown to establish a, case against the prisoner leaving no sihadow of doubt in the jury's mind that accused was guilty of the offenco with which he was charged. The case was one of circumstantial evidence. No one had come forward, or who vras on the premise?, and had sworn as to how the fire kad originated. The Crown only had a combination of circumstances of how t'ne fire occurred, and not fads. Suspicion directed against prisoner was not sufficient. It was as impossible for the defence to prove t<hat someone p]se set the place on ( fire as it was for the Crowa to prove that it was Clarke who had set fire to it. Counsel characterised the suggestion that Clarke had brought two stones all the way from New Plymouth to increase his luggage as absurd. Ho could gain nothing, but only lose because lie would have to pay extra freight. Counsel pointed out that although Herbert found the stones on the premises, yet he had not drawn the attention of the police to them till the Monday. It was most extraordinary that Herbert should find the benzine tin, which he had not drawn attention to. After giving further particulars as to the alleged action of Herbert, Mr singer said: "Gentlemen, Mr Herbert notieced too much for our belief in his credibility." Continuing, counsel said in regard to Clarke, was it likely that he would have set a death-trap for himself by being blown to death and lose so much financially, because the ,£SOO insurance must have gone back to his creditors in Auckland? There was plenty of opportunity while Clarke, 'nis wife and assistant were away at tea j for someone to put benzine iv the premises and later on drop a match through the window and set fire to the whole show. This, according to counsel, was quite a simple matter, and would result in ihe explosion and Clarke being injured. Clarke had everything to lose and nothing to gnin by the fire. If there was the least possible shadow of doubt in the minds of tiie jury, tnen accused was entitled to an acquittal. It had been given in evidence that the last place Herbert had inspected on the night of the fire was the* door in the vicinity of whic'n the fire started. HIS HONOF. SUMS UP. His Honor said the case was quit© easily understood, because it depended upon facts, and ho anticipated the jury would have little difficulty in coming to a decision. The prisoner's case was°not enhanced in iiic least degree by the founrlationlcss attack made by his counsel on Herbert, who was a most respected citizen. His Honor then went on to speak in strong terms against the remarks made by prisoner's counscJ. Proceeding, his Honor pointed out that no defence had been put forward, save tbnt the firo might have been caused by someone other than the prisoner. Preparations for the fire had been made in four different places in the premises,

I and the benzine had been found in closed tins. His Honor did not tiiink t'ne jury would bother themselves about the charges made against Herbert by prisoner's counsel. It was a fact that Herbert did not do the abominable crime which an endeavour had been made to fix on him. In conclusion his Honor said he was sure that ilie jury's verdict would exonerate Herbert from blame in connection with the lire. VERDICT OF GUILTY. The jury retired fit 12.24 p.m.. and returned at 2.18 p.m. with a verdict of guilty. Mr Singer, addressing his Honor, said prisoner hitherto had borne a good character. Further, he had dependant upon him a mother, two sisters in Australia, and a wife here. Counsel j pointed out that prisoner had nothing to gain through the insurances, because these would have gone to the man's creditors in Auskland. Mr Singer explained his reason why he had mentioned Herbert as well as anyons else. It was a theory counsel had put forward, and one which he was entitled to do. Prisoner had held an auctioneer's license for 12 years in all parts of N.Z

His Honor was proceeding to strongly comment upon the action of Mr Singer in charging Herbert with the crime, and said it was contrary to the best traditions of the law, when Mr Singer interrupted by saying he had suggested that it might have been Herbert.

His Honor: Mr Singer, will you submit and leave the Conrt. Your business is finished, and I am not going to allow you to sit there in contempt of Court. I will sentence the prisoner on f'ridav.

ATTEMPTED MURDEK

WOMAN UP FOR SENTENCE.

Catherine Milne came up for sentence on a charge of attempted murder of her child and attempted suicide.

Mr C. E. Mackay, who appeared for the prisoner, said there were two lenient features in this particularly sad case, one of which was the contents of the letter written by tho sister of the accused, and the other the action of the people in the house at the time the tragedies had been committed. Had it not been for the latter a greater tragedy might have been enacted. Counsel submitted that prisoner's mind was not in its proper state when she had committed the acts, and he felt convinced that his Honor would take these circumstances into consideration. The mother and sister had offered to receive the poor unfortunate woman into the home again, and counsel asked his Honor to extend the leniency of the Court to his client. He felt sure if such was done the sympathy wonld not bo wasted.

HIS HONOR'S REMARKS

His Honor said in cases of this kind sentences were not imposed as punishment but as an example. He found great difficulty iv the present case as it involved a charge of attempted murder. His Honor intimated that he would like to confer with his colleagues the Chief Justice (His Honor Sir Robert Stout") and Mr Justice Hosking. Prisoner would be remanded tiU Friday.

UNNATURAL OFFENCE

SENTENCE OF FIVE YEARS

A young man named Jam-1- "^ickson pleaded not guilty to three ciuirgcs of having committed an unnatural offence. After hearing evidence, the jury returned a verdict of guilty without leaving the box, and his Honor passed sentence of five years' imprisonment.