RESIDENT MAGISTRATE'S COURT. CLYDE.

Dunstan Times, Volume 643, Issue 643, 14 August 1874, Page 2

RESIDENT MAGISTRATE'S COURT. CLYDE.

TnuhsbAV, August 13. (Before W. L, Simpson,.Esq., R.M.) Cattle Stealing.—John'Blakely, of Blacks, on remand, was charged, on the information of Messrs Haudjrside and Roberts, of Lauder Station, with having stolen ono red steer, their property. Mr Inspector Mooro conducted the prosecution. Mr F. J. Wilson defended.

[N. B. Tho evidence at the preliminary examination, and published in our last issue, is incorrect, in so far As the evidence Mr John Elliot, which was not given.] Hugh Ilandyside, recalled and sworn, deposed: Am a partner in tho firm of Haudysides andißobcrts. Mr John Elliott purchased for me the red steer now in possession of the police. I paid 31. 10s. for it. Last saw the beast (previous to its being in the hands of the police) os my run. Saw it this morning. It is now of of about the same value as when I purchased it. Am sure it is the property of me and my partners, and the one previously described by mo.

By Mr Wilson: Tho beast was delivered to mo by Mr Elliott, bn the Ist October, 1873. It had no brand on it at that tints. Never branded it, or had it branded. Possibly may have some unbranded cattle, but not many. Awl ite bull was delivered to me at the same time as the one in qnesti m. It was not branded. Since October

have several times mustered the cattle on the run. Have about 100 head. Have branded cattle at some of the muste.ings, amongst them the white bull referred to. The rod steer was not branded because [ wanted to sell it ; and because, being now to the run it might stray if it wore branded. Branded the white bull because 1 wanted to keep him. Am not aware of the provisions of the Cattle Branding Ordinance. From the time I took delivery, and turned it on to the run 1 never saw it till it was in the hands of the Police. The beast was not to bo found on the 31st of October, 1873. 1 then suspected it to have been stolen. John Hall, one of my herds, at the latter end of last month, told me the boast was found. I first saw the beast at Matakanui Station. It was then a bull, and 1 drove it from there to Lauder Station. It had no brands then. It has now a piece cut out of one ear, the end of the tail cut off, a blotch brand on the near side, and a brand like II G conjoined on the off side, and is castrated.

John Elliott, [sworn, deposed : Am a s ation overseer, residing at Matakanui. Saw the red steer now in possession of the police this morning, and identify it ns one I punhased from Mr J. Shand, at the Taieri. It was then a bull. Had the beast in my possession about a month. Have not the slightest doubt about it being the same. Recognise it from its general ap pearance. Was eight days driving it, five other bulls, and two cows from the Taieri to Matakanui Station. Bought them for breeding purposes. Was commissioned to buy cattle for Mr Handyside, bulls in particular. On or about the Ist of October. 1 delivered it to Mr Handyside. It had no visible brands then, It is of the shorthorn breed, but not pure-bred. By Mr Wilson : Have been in Black's district about ten years, do not know Blakeley's registered brand. 1 purchased on the IsCSeptember, 1873 for Mr Handyside three young bulls, ttie one now in question, a white bull, and another; the one now in question was about one year old. In some instances ten months would make a deal of difference in beasts of this age, but in tins case there is not much difference. To a casual observer two beasts with similar natural marks might bo taken one for the other, but to an experienced man amongst cattle, a beast though similarly marked to another would be readily recognised. Am perfectly satisfied that I cannot be deceived in this beast though tea mouths have elapsed since ! last saw it. The fact of a beast being cut will not make any difference unfits'general Appearance. I I was asked by Mr Handysi le to sell this beast if possible, but I did not do so. I heard of the loss of the beast about the latter end of October last.

John Hall, sworn : Am a shepherd, in the employ of MrlTanilyside. Part of my duty is to look after [the cattle. Have been four years employed on the Lauder Station. Thu boast in dispute I saw this morning in the hands of the police. First saw it on Lauder Station in October last. It was then a bull. Am positive it is the same beast. Every boast has a different axpression. Recognise it by its general appearance. It had no visible brands when I first saw it. Mr Handyside and Mr Elliott drove it on to the station. It was turned out among the dairy cattle. Ncit saw it in Mr Harrington'A alaughter-yarl, at Black’s, with a mob of cattle. It was on the 28th of July last. It was then branded (witness described the brands), and was castrated. Ha lno difficulty in identifying it. Anipositivcit is the ore I saw on Lauder Station in October last, and that it is Mr Handyside’s property. It was about ten days after it was turned out on the run that I missed it. At once reported the matter to Mr Handisidc. Have missed two other beasts off the run besides the one in question, one about ten months and the other about two months since. Neither have been recovered. Took particular attention of this boast when ho was brought on to the run because there was a question of selling him. Cannot say hew many head of cattle were brought on the Station at the same time. Thera was a white Inill amongst them. I cannot say if it was branded.

Peter Harrington, on I cing sworn, deposed ; Am a butcher residing at Blacks, Know the accused. He lately asked mo to buy some cattle from him, saying ho intended to give Op butchering. About the 2,1 id of last month I went to his house et

the Poolbum, and then wfint with him to De Latom’s Swamp and on to the Ida Valley Station. He showed mo about sixteen head of cattle, saying they were his property. He said he had six others. 1 purchased from him on that day 22 head. The red steer, now in dispute, was amongst those 1 saw and purchased. It was running on the Poolburn. It was arranged that delivery should be given on the Monllay following, the 27th, and on that day the accused, Vnyse'f, and jAy' boy mustered the cattle, and took them to my yards at Blacks. I purchased, altogether 25 head, but only got home 22, the red steer in question amongst the number. I paid accused L4O for all I purchased. On the following day I gave notice to the Police that I intended kftihig some rattle, and branding others. Constable M ‘Ginn went with me to the yard. We had not been there long when Mr Hollands, a Servant of his, and a servant of Mr Hamlyside rode up to the yard. Mr Holland claimed one of the beasts in the yard as his property, and Mr Handyside’s servant for his employer. This latter was the red steer in dispute. I refused to gtve them up, saying that I had honestly "purchased them. The natural appearance of the beast is such that I could identify it. Killed two of the beasts, branded the others, and turned them out. They'made forthoirold feeding ground. On the 31st of July [last, 1 accompanied Constable M’Gann to the Poolburn, and assisted him to get the boasts claimed by Mr Holland and Mr Haudysido’sman ; we mot accused, Constable M‘Gan took him on one side, but what he said I did not hear. I said to accused this is nice work to sell me cattle one day, and to have them claimed the next ;he said the Constable had been telling him about it and said, Peter, if you give them up to whoever claims them, I ■will pay you, M’Gann is witness. I refused. By Mr Wilson: It is possible to find anef-hei beast similar in appearance to the one in dispute, but in my experience I have not seen one. Ido not call it any breed, it is a mongrel. Constable M’Gann, stationed at Black’s gave evidence corroborative of that of the last witness, v, e 'therefore do not publish it. The accused on the question being put to him, declined to say anything. He was then committed for trial. A second charge of a similar nature on the information of Messrs Hollands and Cargill was laid against the accused ; the lateness of the hour, 7.30, p.m., at which time the case was called on, renders it impossible for ua -tc give the evidence in this issue.

WARDEN’S COURT.

Several applications set down for hearing were adjourned till Saturday.