SUPREME COURT, NAPIER.

Daily Telegraph (Napier), Issue 3262, 15 December 1881, Page 2

SUPREME COURT, NAPIER.

WEDNESDAY, DECEMBER 14

(Before His Honor Mr Justice Kichmond*) CATTLE STEALING. Croes-esamination, by Mr Lee, of Robert Edgar Stevens, Informant in the cattle stealing case against Samuel W. Peddle, continued : It did not strike me in declining to have a search warrant, that I should get the prisoner out of the way, and have something put on. by the time a search warrant was obtained. No cattle had got out of my land through the bad state of the fence. Hundreds of times the prisoner and bis brother bad left the slip rails down. That and other things had been the cause of disagreement for some considerable time. The prisoner and myself have not been particularly good neighbors. We fought on one occasion, witness getting bia foot dislocated. I did not speak of the prisoner in a friendly way to his neighbors. I had some dispute as to roads in the district, but the bad feeling was on a more serious account. [Some letters, written by tbe witness to the prisoner ia March, May, and September '79, were put in to show that then witness bore anything but friendly feelings towards the prisoner.] Early in September last a man named Connor came to my place. I expected him. I heard that Connor had been very unfairly treated by the prisoner. I did not send for him. All I said was that if Connor wished to see me I would give him my opinion on the matter. I told him I was sorry be (Connor) signed an agreement, saying he ought to have known Peddle better than to do so. Connor said " What could I do, I should be out of tucker?" My wife and Luke Webb were present. I said tbat rather than Connor should give up possession of the section, if he wanted 1001b or 2001b of flour I would supply bim. I knew there was a written agreement between Connor and tbe prisoner for splitting posts. Connor told me what he paid for stores, but I did not say Peddle could get six years for it, nor did I say he would get seven years before long. Maddigan's remuneration was to be £1 a week and found, and £20 on a conviction. I told Maddigan I had great reason to believe Peddle'had stolen all the cattle I had missed. In March last I tracked one ol my cattle to the dividing gate leading into Peddles land. The prisoner or any other person might kill cattle in the bush and no trace ever be found. Search was made but no hides were found. I bad lost three cattle before Maddigan came.

The evidence of John Maddigan, Andrew Antony, Albert Hackett, and A. C. Overton, concluded the case for the prosecution. Each witness was cross-examined at considerable length by Mr Lee, who afterwards opened the case for the defence, and called the following witnesses, whose evidence on the whole was favorable to bis client :—C. D. Kennedy, surveyor, Sergeant Mabon, Detective Grace, Constable Livingstone, E. McMahon, and James Connor.

At 7 p.m. the Court adjourned, resuming its sitting again at 7.45. Counsel on either side having addressed the Court, His Honor summed up very fully, and directed the jury to retire. At 10 55 p.m. the jury, after a retirement of 45 minutes, returned into Court with a verdict of " not guilty." The prisoner was accordingly discharged, aud the Court then rose.

THIS DAY. His Honor took his seat at 10 a.m. IM>ECENT ASSAULT. William Ehbett was indicted for that be did, on the 3rd day of September last, indecently and feloniously assault and beat Sarah Anne Clarke, at Waipawam;>.te. Mr Cotterill, Crown Prosecutor, conducted the case for the prosecution, and Messrs Lee and Cornford appeared for the prisoner, who pleaded " Not guilty." Mr Heslop was chosen foreman of the jury. This being the last criminal case on the calendar, His Honor said that those gentlemen of the common jury who had not been called upon to sit had his permission to ieave the Court. Sarah Anne Clarke, being sworn, said : 1 am the wife of James Clarke, who is a farmer residing at Waipawa-mate. I know tbe prisoner, and recollect hia coming to my husband's house about 10 o'clock on the morning of 3rd of September last. I was out of the house at the time. Prisoner came up to me, and asked me how I liked married life. I said I had a comfortable home, and wanted no more. When I first 'saw Ebbett coming I was talking to Mr Petersen at the bridge. I walked on towardi my house driving a cow, and the prisoner followed me. He asked if ray husband had any chaff for eale, to which I replied

''no." I put the fcow in the paddock and" then Same back to my house Prisoner followed me all the time. I die ijiot ask him to do so. It would take froir 10 to 20 minutes to go from my house tc the fj'addock; Peterson was building i L bridge on the public road about seven chains from ray house. It is all oper. plain country where I live, and Petersen was in sight. At the time I was on the _road he said that my husband would not him go away unless he (prisoner) had the chaff. After I got back to the house prisoner came round and through fhe garden gate to tbe house. He went into the stock-yard with his horse, and opening the shed door asked if he could put his horse into the shed. 1 said, *'• Certainly not; that is where my husband keeps his oats." He then came out of the stock-yard, and asked if he could see the cattle. I said " Yes, if you like to go down to the paddock and see them." On the road he also asked me whether my husband had any cattle for sale. I said not that I knew of| if he wanted to buy cattle he Bhould see itiy husband* He then wanted to look at the house, and I asked him What be wished to do that for. He sat on a table outside the back door, and I went in and slammed the door in his face. Prisoner then opened tbe door, and came into my house. He helped bimgjlf to a seat in the corner. I was lighting the fire, and he kept moving , towards me. I was stooping with my I back towards him. He said it was a IS'iame I should get married and leave him. (The beginning of the indecent aamult was here explained by the witness). Witness resisted prisoner's improper overtures, and struggled with him. Prisoner bad by this time locked the door, and secured the key. He continued to follow witness about the house, behaving and speaking indecently towards her for some time. Prisoner then left by the back door very crossly, and held the door on the outside, so that I could not get out. I then went into the pan-t-y to cut some bacon, and prisoner returned and pushed me down on some bags of flour at the end of the pantry. I threatened bim with the knife I was using, when prisoner used further threats (unfit for publication). He also said if I ♦ did not give in to him he would tell my ftusband something which would do me no good. I answered tbat he might say what he pleased to my husband; it would do me no harm. He also said that Major Scully bad got me put out of Napier fir misbehaving myself in situations there, which is untrue. Ebbet left soon afterwards, at about 11 o'clock, and I immediately went out and saw Mr Petersen coming towards ray house. I made a complaint to him, and also caught my horse and rode the same evening to where my husband was , ploughing. I complained to him also. > It would take from 20 minutes to half an hour to ride to where mv husband was. On Tuesday, September 6tb, the prisoner came again to my bouse. I was out at the time. My husband brought me in, and the prisoner asked me what I had been to the Waipawa police about. I told hira for his bad conduct on Saturday. When I commenced to tell him about it he said he did not want to hear of it; he only wished to make it up. He said he only meant it for a bit of fun, and commenced to cry. and said he hoped I would let him off. He said he would give me £5 or £10 or anything, if I would let bim off. He did not want his wife and family to know of his bad conduct. He also wanted to beg my pardon. I refused to fake money in compensation. I did not see any money with him. My husband was present all the time. By Mr Lee: I had only seen the prisoner two or three times before he assaulted me. That was at his sister's. I also saw prisoner at Adair's hotel, r once or twice before I saw him at bis ' sister's. The prisoner, I suppose, thought he would like two wives. 1 don't know what he meant by asking " Why I had left him ?" I did not know the prisoner intimately previous to my marriage. By His Honor : He never paid any attention to me before my marriage. By Mr Lee: I did not give evidence in the Magistrate's Court at Waipawa to the effect that the prisoner stopped at the slip panel until I came back. -.JBy His Honor : The prisoner came as far as the slip panel after me. He was on horseback. By Mr Lee : In returning from the paddock I took a short cut through the fence, and the prisoner came round by the road. He dismounted at the fence. I did not talk with him at that time, as he tnrned the corner. My house stands back from the road some distance, and has a door facing the road. It has also a back doer. There is no fence across my back yard. There is a little brokendown hedge there. The stock-yard is close to the house, but nearer to the road. Going towards the bridge where Petersen was at work my housu stands on the right side. I crossed the stream when putting tbe cow out. I crossed by the culvert. The culvert is between the slip panel and the road. Mr Lee here cited one or two points of difference between the evidence given by the witness before the magistrates at Waipawa and that sworn to-day. There is no bolt to the back door ; only a button and latch. The button was loose, and would come off easily. Prisoner put the key back in the front door immediately before he went away. I made a mistake when I said before the Waipawa magistrates that prisoner returned again after getting on his horse, and offered me money or anything if I would gratify his desire. I remember putting my name to the depositions at Waipawa, but I was too excited, after thG lawyer's examination, to pay much beed to what was read out to me then. I went as soon as I had time to see my husband I did not like to tell Mr Peterson what Ebbet had done because Petersor •was a stranger to me. I simplj told bim the prisoner had mad< use of bad language. Petersen hai boarded at my house for about threi weeks. I left to go to my husband a about 4 o'clock. I did not go into thi stock-yard with prisoner on the mornini when the assault was committed. II was in my house about three-quarters o an hour in all. I called out when Ebbe -assaulted me, but I know Petersen coul< not have heard me, as the wind wa blowing the other way. (Mr Lee hen pointed out that tbe witness bad said ii the depositions taken at Waipawa tha she did not call out when assaulted knowing it to be useless.) Ebbet lef his horse in tbe stockyard, but did not go into the yard myeeli 1 did not have any " chaff" or altercatio: of any kind with Ebbet outside th house, or tell bim I would get bim si months. I have had no intimacy wit the prisoner since my marriage. Th first occasion on which I bad seen tb prisoner subsequent to my marriage wa on the morning of the assault. By His Honor: The prisoner mad improper proposals to me, both by wort and actions. His Honor here directed the infoi mant's depositions, as taken at Waipaw in September last, to be read oyer to tr. jury, which was done.

Ci Petersen being sworn, said : I am a carpenter residing at Norsewood. On the 3rd of September last I was working at a bridge at Waipawa-mate, some six or seven chains distant from Mrs Clarke's house. Mrs Clarke was driving a cow to her paddock middway from the house. The prisoner came up on horseback. Mrs Clarke had left me then and gone towards th_ paddock. We did not speak to each other. I saw Ebbett and Mrs Clarke going to tho paddock and coming back again. I think they went together. Mrs Clarke when returning went straight across the paddock, about half a chain from me, and prisoner went round by the road. It would be about 9 o'clock in the morning then. I went on with ra£ work, and noticed nothing more until I saw Ebbet coming out of the gate at Clarke's bouse, about half-an-hour or three-quarters of an' boor afterwards. Shortly afterwards I went to the house myself for a rope to catch my horse. I saw Mrs Clarke in the kitchen, and she made a complaint to me. By Mr Cornford : It would be some fix or seven chaios from the to Clarke's house. I doubt very much if I could hear anyone calling out at that distance. It might be from ten minutes to a quarter of an hour from the time I saw Ebbet coming out until the time I went to the house. I did not notice Mrs Clarke outside when I was approaching the house. James Clarke, being sworn, deposed : I am a farmer residing at Waipawamate. On the 3rd of September last I was ploughing on Fairfield run, about three miles distant from my house. My wife came to me about 5 o'clock in the evening, and made a complaint to me. I know the prisoner Ebbet. On Tuesday, September 6th, he came to my house, and asked, " What ia this your wife has been telling the Waipawa police about me?" I asked him what business he had at my house last Saturday. He said he had come to buy chaff. I said," Take your horse and clear out of here." Re then came inside the kitchen of my house, and said, " This had better be settled ; it it goes to the Supreme Court it will cost each of us £100." I kept telling bim I had nothing to do with it. At prisoner's request I brought my wife in, and be offered to make a settlement of the affair. He offered to give £5 or £10, or buy all my cattle at any price. My wife was present when he offered the money. She kept accusing prisoner of taking indecent liberties with her, and he denied it. My wife declined to settle with the prisoner on any terms. The witness was being cross* examined by Mr Leo when our reporter left.