THIS DAY.

Daily Telegraph (Napier), Issue 3261, 14 December 1881, Page 3

THIS DAY.

His Honor took his seat at 10 a.m BEGINA V. KENDLT3.

Mr Cotterill said that, after considering Rendle's case fully, as directed by His Honor last evening, he had come to the conclusion tbat no good purpose could be served by proceeding with the remaining counts against the prisoner. His Honor said he quite agreed with the Crown Prosecutor in his conclusion. He did not think tbat in the remaining cases anything new would be elicited beyond tbe facts be had already before bim. Public justice would, he thought, be satisfied if a commensurate sentence was passed on the prisoner for the crime of which he had been convicted j'esterday.

His Honor then called forward Mr 0. B. Winter, foreman of the Grand Jury, and having explained tbe matter to that gentleman, said tbe altered circumstance enabled him to relieve the Grand Jury from further attendance.

In answer to the usual question by His Honor, Mr Winter replied that the Grand Jury had no presentment to make. Mr Rees here asked for permission to speak a word or two to the prisoner, ■which was granted. On being interrogated as to whether he had anything to say, the prisoner made a short statement ezpressing regret for his crime. He bad not guarded himself as he ought to have dane, but would promise to act honestly in the future. He hoped the Court would deal leniently with him, as he had a wife and child dependent on him for support. If necessary he could produce witnesses to testify as to bis previous good character. His Honor remarked that such evidence would be do help to the prisoner's case. He took it for granted tbat the character of the prisoner had hitherto been goofl, but he now 6too(J convicted of a serious crime. The case was one of the most remarkable that had ever come under His Honor's notice; the crime committed was in fact without precedent. During his trial the prisoner bad had every fair play shown him. There had been no disposition to press the charge unduly against him, but the fact nevertheless remained tbat it was unanswerable. It appeared, too, that there was a certain amount of sympathy given to the prisoner, although His Honor (anxious as he was was to see fair play) could not conceive how in the world any rational man, in the face of the evidence against the prisoner, could entertain sympathy for him. It was impossible to inline a worse crime to be committed for tbe miserable petty reward which actuated the prisoner to the guilt brought to his charge, and His Honor felt that he must go the whole length of the Jaw in passing sentence. Never before had he dealt with any case where utter folly and want of conscience and feeling were so apparent as in this case. He was willing and anxious to believe that the prisoner did not at tho time when j he committed tbe offence realise the full extent of his sin, but he hoped the prisoner would now be brought to see the degraded position he had allowed himself to occupy. The prisoner was tbeu formally sentenced to six years' imprisonment with hard labor. CATTLE STEALING. Samuel William Peddle, indicted for stealing a cow, tbe property of Mr R. Edgar Stevens, of Pohui, on the 20th of, September last, pleaded " not guilty." Messrs M'Lean and Lee represented the prisoner. Some ten names cailed for the jury were challenged by prisoner's counsel. Mr G. Heslop was chosen foreman. Robert Edgar Stevens, being sworn, said : I am a sheepfarmer residing at Patoka. 1 know the prisoner. He has property adjoining mine. The two properties are separated by a dividing fence, along which runs a public road. The road is fenced on the prisoner's side. Tbe lengthof road which runs between ourtwo properties is about 3£ miles. I keep a number of cattle. From time to time I missed sorae. In consequence of missing cattle I employed a man named John Maddigan for the purpose of detecting the thief. This was in July. Maddigan remained with mo a month all but two day?. During that periol we were engaged trying to find out who stole ray cattle. When Maddigan went away I engaged a man named McCullough to assist me. He was with me for a month, and we were still unsuccessful. Maddigan then returned within a few days after McCullough left. During the period of Maddigan's seeoud stay we went out together to watch, principally on a little hill on prisoner's land. We generally went out from 6 to halr'past 7 o'clock. This was a constant practice with us except on very dark or wet nights and Sundays On the evening of the 20th September we went out as usual. We left my house about 7 30 o'clock. It was a starlight night. There was no moon. We went round my land to avoid being seen, and came up the hollow to the little bill before mentioned. The distance direct from my house to that hill is about 2\ miles. There is fern and manuka on the hill, and 3pots of the same growth all over tbe paddock. We reached the hill about 8.30,

find secreted ourselves in tbe manuka. We remained there during the whole night. From tbe hill we could see the road. I saw no one pass along it during

thenigbt. At about balf-past 5 or 6 while still upon the hill, I faw the prisoner driving two of my cows. He was in tbe hollow of a paddock of mine 285 yards distant from me. I measured the distance with Detective Grace afterwards. Ido not know the numbers of my sections. [A map of the two properties was here submitted ] I cannot say on which one of the prisoner's sections the little hill is situated.

By His Honor : It appears to me that this map is correct. The bill should, I think, be shown a little further back than delineated on the plan. (The witness here marked tbe bill according to his idea of its position, and pointed same out to the ,]'ury\ The bill is distatif,, in a direct line from the road, G5 yarn's, and from the dividing gate about 175 yards. Kxan'ination continued : The prisoner was driving the cows towards where Maddigan and I were planted until be got them up to the road, on my Fide of the ga'e (position shown on plan) exactly oppositr '.'/here T was. Wben they arrived on the road the cows turned and tried fo get through the elfp panel in the corner of my paddock, which crosses the public road. I recognised the cows by this time. There wa~ a strawberry cow and her daughter " Rlo.esom." (Cattle described). I bought them five years ago. The cow is now worth £12. By His Honor: She is not branded. The animal has been in my possession every sinct I bought her Examination continued : I saw the coxy on the 19tb September in Procter's hill paddock. Tbe prisoner, when he pot the cows to the slip panel, turned them in the direction of bis gate and having separated them, put one through tbe gate. He then phut the gate and endeavoured to drive her away down by the dividing fence in bis (prisoner's) paddock; After some trouble he succeeded. When be got her a considerable distance Maddigan and I changed our position to another bunch of manuka nearer to tbe prisoner, who was in the act of putting the cow through a second gate. The paddock inside tbe second srate contains pri?ouer'a wool-shed. When prisoner put tbe cow through the second gate he shut it, and continued to drive the cow towards the woolsbed. After he had driven the cow in this direction some 70 or 80 yards. I ran to him, and put my arms around him. I said, " This is tbe last cow of mine you will steal ; you have stolen too many of them ; take him in charge, John." When I first threw my arms about him he turned very white, but said nothing. He struggled «nd fought desperately, and made a great noise by cooeying when Maddigan seized him. When he found he could not get away, He hegsred of us not to hurt him or murder him. I told Dim we bad no such intention. Maddigan then pinioned him, and we led him back through tbe paddock to my house. He came along pretty quietly. He would not go into the house. It was then three minutes to 9 o'clock. The clock at my bouse may not have been right. The prisoner asked me if I would allow my son to go and tell his (prisoner's) brother that be had gone to Napier. Prisoner afterwards said "Don't let Jemmy go, for he might get hurt." He afterwards asked me to let my man go, but I refused. I went away, however, intending to send the message by a neighbor named Antony, and met him with two or three other men coming from the direction of the Pohui bupb. They were in Peddles land, and they told me they were going for stores. I saw my cow at the same time in Peddles wool-shed paddock. This was about balf-an-hour after I left my hou«e where Maddigan was watching Peddle in tny paddock. By Mr Lee : Tbe evidence concerning my boy Jemmy is all new beyond that given at the Magistrates' Court. I gave my own narrative in that Court, and was cross-examined. T did not in my examination before Mr Kenny state that I went towards the pr soner's place. If I Paid then that T was engaged from 9.15 to 1 o'clock in looking for a man named Lincoln. I must have made a mistake. Part of that time I wai engagtd looking for Antony. I can see now that I unintentionally omitted that part of my evidence. I was asked by the Magistrate on Monday it [ went in the direction of Peddle'p. Antony lives at the buah. He rafts timber down the creek.

By Mis Honor : When I met Antony I opened the fi gate, and had some conversation with him. I asked him to take charge of my cow until I could get Lincoln to identify it.

By Mr Lee: The prisoner does not live alone. His brother resides with him principally. They hive but one bouse. I did not know that Tommy was in the hush until the prisoner told me. Detective Grace, Livingstone, myself, and a number of others went, after the prisoner's arrest and remand, to I'en , die's place, and made a thorough Fearcb. I refused then to point out to prisoner the place where he was arrested. Where I firat saw the prisoner driving the cattle there is a deep ravine, which bounds my land. He was not in the gully when I saw him. Nothing in the world could come up or down the ravine. I was watching Peddle'e gates very closely (or three months, but do not know if he was generally alone. His brother and he reside in one bouse. Maddigan and I were not on the top of the hie hill in Peddles land ; we were on the little one in another paddock. We did not go wp to the spot marked on the plan and seize the prisoner. We did not put him through the corner where the dividing fence meets. Prisoner had neither dog nor stick when wo arrested him. He bad a bridle securely fastened around bis body. I did not nay to the prisoner, " Maddigan is a policeman." My words as near as I can recollect were that Maddigan had been or was a policeman.

(Left sittinp.)