SUPREME COURT.

Evening Star, Volume IX, Issue 2675, 13 September 1871, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. This Day. (Before Mr Justice Chapman.) RE F. W. REICHELT. Before the business commenced, Mr Barton asked that the prisoner should be discharged. His Honor : Oh, dear no. Mr Barton : Then I ask that the charge against him should be proceeded with. Mr Ilaggitt: 1. was going to ask on behalf of the Crown that another day should be appointed for the trial. His Honor : I really cannot do so for those sittings. There is a great deal of civil business. Mr Haggitt: I have to suggest that it should be one day next week. It would be inconvenient to both sides were the case to stand over till next sittings. His Honor: If that be the case we must take it next week. Mr Haggitt : But it will take a week to strike off a special jury. I should like to consult Mr Barton’s convenience. Mr Barton : The earlier the better, for I am afraid some of my witnesses may leave the Province. Mr Haggitt : Probably next Monday week will do. His Honor : Very well. Mr Barton: I believe Reichclt would be entitled to have half the jury foreigners, and 1 should be inclined

Mr Ilaggitt ; But he is a naturalised subject. Mr Barton ; I suppose your Honor will take the game bailsmen as were taken before. His Honor : I name the same bail as the Magistrates named ; but the Registrar must enquire as to whether the bondsmen are proper persons. CATTLE STEALING, Alexanler F. M'Kenzie was indicted for having, at Tapanui, on the 28th July last, stolen a steer, the property of one William Mayhew. Mr Barton defended. The facts of the case, stated shortly, are as follow On the 28th July the prisoner, accompanied by a butcher named Stewart, residing at Tapanui, went to tho station of Mr W. H. S. Huberts, in the neighborhood of Tapanui. On going there, they saw Roberts, and prisoner told Lim that ho had come for the purpose of taking away from the run where it had been running, a cooy which had lately calved, belonging to a man named Taylor, who was a friend of the prisoner. Roberts gave him jwrmission to do so, the reason being that he knew tfiat if the cow were nut taken away for the purpose of

milking, its value would be deteriorated. As Stewart and the prisoner were going away, after getting the beast, one of them said they would take another beast to kill, and mentioned that it was their intention to take a beast belonging to a man named M'Vickar, who also had cattle running on the run. Roberts thereupon s f ated that he would he going into Tapanui shortly afterwards, when they might let him know what beast they took. They were not able to find one belonging to M'Vickar; but they saw a strawberry steer which belonged to the prosecutor. This prisoner took, and subsequently so!d to Stewart. The facts relied upon by the Crown to support the charge were thus stated by Mr Haggitt:—lt might be said on behalf of the prisoner that he thought it was his own property, for he had some cows running on the run. But on behalf of the Crown, facts would be proved that would show that the prisoner could not possibly have been mistaken as to the identity of the beast, and that he must have known it was not his. The animal ho took was what was called a stag ; and was of an uncommon strawberry color—so uncommon was it that Mr Roberts was able to pick it out from all others on h : s run. Prisoner himself was about the person best acquainted with all the cattle in the district ; on that account Roberts trusted him before a 1! other men to pick out cattle. The brand on the steer was also peculiar; it was low down on the ribs—much lower than usual—and the brand itself was a W turned upside down, which was very visible. When the steer was taken into Tapanui, prisoner and a man named M'Coll, in Stewart’s employ, skinned it. The akin lay in front of Stewart’s premises some days before it was salted and put away; but when it was salted it was noticed by M'Coll that a hole had been cut in the side, almost totally removing the brand ; and that hole had not existed before. When the matter came into the hands of the police , Stewart asked prisoner to give him a receipt to clear himself. Prisoner then described the boast as being branded “with a blotch on the back,” while no blotch ever existed. (Loft sitting.)