A WRONGFUL ACTION.

Gisborne Times, Volume XIX, Issue 1544, 28 August 1905, Page 1

A WRONGFUL ACTION.

CONSEQUENCES OF A MISTAKE.

I Tho Wairoa Guardian gives tho followI ing report of a case against two highly I respected young men:— I Police v. J. Parker and J. 0. Parker, I Opoiti, alleged theft of three cows on or I about Ist June, 1905, the property of I. H. I Kent. I Constable Luke conducted the proseoution, and Mr Lusk appeared for the doI fenoo. Evidonce was given for the prosecution I by I. H. Kent to tho effect that he had j missed his cattle off the road near Opoiti, I and found them on defendant’s property I ear-marked, with the brand of the latter I defeudant. Iu his evidenoe he admitted he I might have Baid he was Borry it was not J. J, Parker’s brand that was on the cattle, for that was the man he wanted to get at. IHo also admitted that J. 0. Parker was I innocent of any offenoe. I Supporting evidence was tendered by H. J. Kent, J. A. Fletohor, Constable Torr, and R. T. Torr, the examination showing that tbo oattle ware ear-marked with others in a yard'bounded by a public road on one side, while the brother of informant was in the paddook oloso by, and that tbo oattle were left for a fortnight near the road before being taken to tho back oountry. Mr, Lusk, in his address, made out a very strong oase fornon-oommittal. His Worship Baid there was nothing whatever in the case to warrant him sending the acoused for trial, as no jury would convict. There had been no felonious in: tent disclosed, and it was a pure mistake the marking of the cattle.. The acoused would be discharged.

Commenting on the case the Guardian states: —We congratulate Messrs Parker Bros, on the faot that they were honorably acquitted on the oharge of cattle-stealing brought against them, without being called on for a defence. Most people agree that the prosecutor should easily have seen that tbe marking of his oattle was a pure mistake, and that be oould have got them back without recourse to law. The mixing up of the oattle in question with Messrs Parker's stock is one result of unlawfully using what His Worship not inaptly called “thelong paddock."