Jacob Jones, a native of Bombay, was informed against for that he did on or about the night of the 31st May, wilfully set certain farm property on fire, belonging to one Benjamin Hepburn, a settler near Creswick.

The prisoner was undefended.

Benjamin Hepburn deposed – Am a settler near Creswick Creek. About 11 o’clock on the night of the ------- was awoke by an alarm of fire, and upon rising to see what was the matter, I found that a stack of hay, a barn and its contents were burnt. The barn contained 12,000 bushels of cleaned wheat and a threshing machine. The gates were locked at night and the stack was in good condition. The prisoner was in my employ, and had been recently discharged because of disobedience to orders, owing to dissatisfaction with his wages; and he had used threatening language when he left my place. I value the property destroyed at £2,000. From the appearance of the fire when I saw it, the fire must have commenced at the stack. To the Jury – There was a hut near the barn, but I cannot say if there was a fire on it.

James Opher deposed – That he was a labourer in Mr Hepburn’s employ, and slept close to the barn on the night of the fire. His dog disturbed him about half-past ten o’clock, and he got up and found the place was all smoke and getting hot. On looking out the stack and barn was on fire. The hut was on the side of the barn farthest away from the stack. Allen’s public house was a few hundred yards away on the opposite side of the barn. The prisoner said at Allen’s house on the night of the fire that he would have his revenge on Mr Hepburn. Prisoner said so in witness’s hearing. He said he would burn down Ben Hepburn’s place and Mrs Allen’s place before he went to sleep that night. About ten o’clock that night he heard prisoner’s voice near the barn. The box of matches produced was picked up by Mrs Allen’s boy between out hut and the barn.

Thomas McDonald, another of Mr Hepburn’s servants was next called and deposed – That he had advised the prisoner that day to go and get his money, but the prisoner said “I’ll have my revenge before I leave this ground.” He said so several times.

Alfred Goddard, cook at Allen’s public house, near Mr Hepburn’s station, corroborated the foregoing evidence as to the threatening language used by the prisoner, who had used insulting language to Mrs Allen’s daughter, and had his bedding, swag, and billy thrown out of the public house by Mrs Allen, who also turned the prisoner out. That was in the evening, and on the same night Mr Hepburn’s place was on fire. He had a box of matches lighting his pipe when Mrs Allen showed him out of the house. When I spoke to prisoner at the fire he neither admitted nor denied setting the place on fire.

Mounted Sergeant Orridge, stationed at Creswick, deposed to the arrest of the prisoner, and that prisoner told him he was at the Kington Hotel at ten o’clock on the night of the fire. Was present when Mrs Allen was examined by Mr Amos. The prisoner cross-examined both her and me. Prisoner also said to witness he had been at White’s and another place that night; and seeing the fire, went up to it. To the prisoner – You were helping at the fire when taken into custody.

Wm. Charters, barman at the Kingston Hotel, deposed that the prisoner was at the hotel at half-past 7 on the evening of the fire, but not later to witness’s knowledge.

Wm. Smith, a rather frowsy specimen of the unwashed, was then put into the witness box, and elicited from the judge an intimation that some little personal purification was a duty before coming into that “honorable court.” He deposed he found the prisoner’s swag in a field close to the road, about 50 yards from Mr Hepburn’s place, about the 3rd June.

Joseph Allen, publican deposed in corroboration of the foregoing witness, and that his wife was too ill to leave her home.

Mr Aspinall then out in the deposition of Mr Allen, taken before the police magistrate at Creswick, which was taken by his Honor. The deposition set forth that the prisoner had used threatening language on the night of the fire, and that he had a box of matches that night similar to that produced in court.

This closed the case for the Crown; and the prisoner, who had, when told to question the witnesses, made a speech on every occasion, was then asked if he had anything to say to the court of jury, when he said he wished a Mr White to be called. That person being called, the prisoner questioned him about having called at White’s place on the night of the fire for a bed, and it appeared from this witness that prisoner was at his house at 7 or 8 o’clock.

The prisoner addressed the jury in a rambling fashion with a view to prove an alibi, and stated that he was at White’s house till near the time of the fire, and was going on the road from White’s house when he saw the fire and went up to it and helped there until the sergeant arrested him. He knew nothing about the fire.

His Honor summed up to the jury showing that the evidence, as was generally the case in such charges, was circumstantial merely, but grave when taken in connection with the prisoner’s language. The attempt to set up an alibi was unsatisfactory as it was not conclusive or even favourable.

The jury retired to consider the verdict, and after an absence of three or four hours, intimation was sent that all but one had agreed on a verdict of guilty, but that the jury wished to re-examine the cook at the hotel. The witness being produced the only non-content juryman asked how long a period elapsed between the last appearance of the prisoner at the hotel and the breaking out of the fire. The witness replied that an hour had nearly transpired, whereupon the jury at once returned a unanimous verdict of guilty.