ALLEGED CATTLE STEALING.

Globe, Volume XXII, Issue 1915, 14 April 1880, Page 3

ALLEGED CATTLE STEALING.

At the Magistrate’s Court, Rangiora, on Tuesday, before C. Whitofoord, Esq , R.M., J.T. Brown, A. H. Cunningham, S. Heywood, and H. Blackett, Esqs., Graham Flowers on remand on bail, was charged with stealing fifteen bead of cattle, value .£135, from Walker Brothers, Manawhera, Nelson, about June sth. Mr Inspector Buckley conducted tbe prosecution, and Mr Joynt appeared for accused. M. Whatman, assistant clerk to Matson, Buss and Co., stated that on July 15th, 1879, bo received entries of cattle fr -m accused for sale, and described same. The cattle were sold on July 22nd by auction. Had not seen accused since. W. Buss, member of the firm of Matson, Bnss and Co , bad a mob of cattle placed iu their yards on July 15th, tbe police took possession of them and subsequently gave them np. Accused and Mr Neck, his solicitor, afterwards sent instructions to soil them. They were sold on July 22nd to Messrs Hurse, Jones, Ppeirs, and Kinley. Hurae’s lot contained a rod polcy bullock. Some of those sold were branded W B on near lump. Produced entries of sale iu bis books. Some time after returned the purchase-money. George Waker, sctll r, at Manawhera, stated—ln July last heard that soma of his cattle were iu Canterbury. He went to the police, and from thence to Mr Jones, Plaxton. where he found seven head the property of himself and his brother John Walker. Went also to Gray’s road, and iu a paddock belonging to J. Hurse found eight head. They were all cattle branded with their brand, W B, with a bar over the top, and lalso two notches out of tho near ear. Among the latter was a red poley bullock. (In the following d-y went to H. yperns’ paddock, Aahlov, and found six more with their brands on them. Tho cattle missed were sold to be delivered to the butchers at Reefton, but had not bean delivered. Could not say how they left the run. Gave no authority to any one to take them away. The last time he saw them on the run was on June 22nd. Had since got possession of tbe cattle by sueing J. Hurse, and tee others gave them up. I eft instructions for tbe cattle to be taken charge of from Hurse, Bpeirs, Jones and Kinley. by Tasman Walker. Did not take possession of them himself, but saw them on returning from Canterbury to Nelson. Amongst those on the station was the red poley bullock. Last week he shot this bullock, and tbe police took charge of the hide. The hide produced was the one from tho bollock which he regained possession of at Hurse’a paddock, Gray’s road. Never authorised accused to remove the cattle or take them. He had laid an information that the cattle were stolen, and tbe poley bullock was included in it. Had known accused, who worked for witness in 1825, but not since. By Mr Joynt—ln July had 800 or 900 head of cattle on the rnn. They wore all supposed to be branded WB and ear marked. Had used the same brand fourteen years. Accused was with witness three or four years, and used to drive the cattle. Accused ha 1 authority to sell cattle for Walker Bros, and send the money to Nelson, while with them. (Jould swear that he saw the stolen cattle on the run on June 22nd, among about one hundred, which were in a fat lot. When accused left their employ sold him 135 head, to be delivered in 1874 aud 1875. By the Bench—The cattle they authorised accused to sell were on the Grey. In 1875 he had to muster some cattle, which ha said ho could not find, but am in offered him £lO lor ten bead. There was a cow among those stolen, with a club brand, which ha recovered at Jones’, 'ibis he had never authorised to be taken away. Tasman Walker, stockman with Walker Bros., stated that in August last he received cattle from Hurse, Kinley. Jones and Speirs, which he took back to Walker Bros’, station. They were there now, except a red poley, which had been killed. Identified the skin produced. The poley was one which he obtained from Hnrse’s place at Waikari. The cattle received all had Walker’s brand on near rump. By the Bench —Of the twenty-two head taken back tbe cattle averaged from three to four years’ old, except tbe old cow. Constable Bennett, stationed at Reefton, deposed that he saw the red p lay bullock shot and took possession of tho skin. The bide had aWB brand ou the rump. J. Hurse, stockowner, said, iu July last, he puichased eight head of cattle from Matson, Buss and Co. Did not notice the brands. There was a red poley bullock among them. Pent them to Amberloy and afterwards to the Waikari. They -were afterwards ordered to be handed to G. Walker, or his order by fj. Brown. The latter deposed he handed the cattle. ; nclnding the red poley, to G. Walker. M. Jones also gave evidence* Accused, who made no defence, was committed to take his trial at the next session of the Supreme court. Bail was accepted, accused in .£SOO, aud two t ureties of £l5O each.

ALLEG-ED INCENDIARISM AT MOUNT THOMAS.

At the Rangiora Magistrate’s Court yesterday, Jarvis Wilson, on bail, was charged that on March 24th he did unlawfully set fire to certain stacks of grain with intent to defraud the insurance company. Mr Inspector Buckley conducted the prosecution.

Mr Loughrey appeared for the accused. Sergeant Wheitleigh stated that from informa'ion received from Mr Brown, ho went to Mount Thomas on 25th nit., and on accused’s ground found a cluster of four stacks—two of oats and two of barley. In another cluster there were seven stacks of oats ; five were large stacks, and two small ones. All these stacks were on fire more or less. Each one was burning separately, and there was no connexion. In some instances the stubble was quite green. Between the lots of four and seven there was a distance of 16. V chains There was a space between the four stacks sufficient for the threshing machine, and also between four and three of the seven stacks a like distance. Produced a plan of the ground and stacks. Saw the impression of draught horses’ feet in the soil to and from the paddock, also in a gully leading to a hut which had been occupied bp accused. Saw accused on 28th. f Witness hero stated what accused said to him.] Accused said he did not suspect anyone. He said he was with Major duiiug the whole of the time they wore in the paddock. He gave a rough estimate of the grain be had on the ground, viz., 1250 bushels wheat, 2700 oats, and 1200 barley. He said he was insured for £ 100 or JMSO in the Bon on and Liverpool and Globe Company, and that Moore aud Co., Christchurch, had a lien of .£75 on the stacks. There were some four stacks of wheat and one of oats, and a stack not burned. R. Aherr.e, reporter, deposed, he accompanied last witness last Wednesday to Mount Thomas, and saw the heaps of ashes left by fires. Could distinctly trace the fires, assisted the sergeant to i hain the distance between the stacks burned and those not burned, which measurements are correctly shown on the plan. Thera was no trace of the fire having spread from one stack to another, as the stubbles were not burned between them. Examined tbe stacks not burned, viz., four of w eat and one of oats. The distance of the fire from Eaugiora is about twelve miles It would take an hour and a half to ride the distance on a fair hack.

Detective Bonj imin deposed ho saw accused on March 29th at West 1‘ yreton. Said to him, “ H ad you some stacks burned on Mount Thomas run ? ’ Ho said ho had, and made the following voluntary statement: —“land William Major ha re 300 acres rented. Wc were partners in the crop before last. After harvesting we separated, and last harvest we harvested ISO acres of the land each. 1 cropped mine—SO acres with wheat, 40 barley, C 5 oats, and there were five! acres not cropped. I stacked the crop about a mouth ago. On Wednesday, March 2 ,th, W. Major and my=elf wei t to Eargiora about a threshing ma hine Wo saw Wallace at Eernsido, and then wont to Rangiora Wc left there and went to the paddock on Mount Thomas, wharo our stacks were, as I wanted to see after my horses that were in the river bed. Wtion wa reached the but in the paddock i looked at my watch ; it then wanted ten mini cs to six. We tied our horses up and gave them a sheaf of cats at the hut. Wc left about six o’clock. We saw no one about, except a man riding a horse and leading another, ns wo were entering the slip panel. I have no idea who it was. (>n leaving the p iddock we went over the river and over the Downs to the Cast hotel. We saw no one on the road between the paddock and the hotel. Wo arrived at the hotel between 8 and 9 p.m .and staid there till closing time and went to West Kyroton. I went to the farm at Mount Thomas next morning, foi the purpose of looking for the horses, and there saw that three stac s barley, a quarter stack, and six of oats, had been destroyed by the lire. I estimate the contents of the six stacks at 2200 bushels or •14 buihels t* Ihe acre, and 1000 bushels of barley, the produce of 40 acres. Ho further stated the b rloy was insured for .£l5O, and ths oats for £l5O, in the louden and Liverpool and Globe Insurance office. I also (accused said) saw that four stacks of Mo jor’s hp.d been burned,

viz two of wheat and two of oats. Arrested accused on warrant produced on April Ist. .head tho warrant, accused male no reply, John Dumphy, teamster, residing at Hayland’s station, deposed— On 24th nit. was proceeding from Rangiora to Hayland’s station riding one horse and leading another, Passed a paddock in which some stacks have since been burned, on the way, about 6 p.m. Saw two men on horseback— one horse a draught horse—going through the slip panel. Was close to the men. Hay land station is thirty, two miles beyond this paddock. Just before reaching the station, 1 saw three clusters of stacks on fire, the fires, I am certain, were in the p iddock into which the horsemen had gone. Noticed the fiie about an hour after passing tho men. They were all burning at the same time Told the manager of the station about tho fire, and saw the burning stacks next day, when I went back for a spring cart. Patrick Kavanagb, farmer, deposed to seeing three fires on Mount Thomas one evening towards the latter end of March.

George Alloway, laborer, Mount Thomas— Know the paddock occupied by accused. Witness lived in the nearest house, about a mile and a-balf from the paddock. On 24th ultimo saw accused and Major riding by the house, between 4 and 5 p.m, Did not see their faces, but judged it to bo them by their gene;al appearance. They were riding two heavy horses, and going in the direction from Rangiora. Ab ut eight o’clock saw tho fires in three clusters of stacks in the direction of the paddock. Adolphus Moore, grain merchant, Christchurch, said he know accused. On Septf mber 10th he advanced him £72 on a lien on the growing crops of forty-seven acres wheat, sixtyacres oats and forty acres barley. Witness insured his interest with the Standard Insurance office for .£75. Accused saw him on March Gth, and wished witness to insure bis crop for .£450 Told him the crop was not worih that, and would not recommend him to any insurance company. Told him it would look as if a person intended to fire it. Accused told witi css he wonld insure it elsewhere if he declined. Witness valued the crop at ,£3Bl. The price of oats was now Is 3d to Is 5d ; barley, 2s to 3s 6d ; wheat. 2s 9d to 3s lOd, threshed and delivered in Christchurch. J. A. Bird, manager of Liverpool and Globe Insurance Company, knew accused, who came to his office on March Gth. Accused made a proposal (produced) for insurance of four stacks wheat £l5O, four stacks barley .£l5O, and six stacks cats for .£l5O. Accused said the stacks were on tbe Mount Thomas run. Understood he was giving the crops at a low average—wheat 30 bushels per acre, barley 25, and oats 40 bushels. Ho said tho oats wonld run nearer 60 bushels, as they were his best crop. He stated there were 50 acres wheat, 40 barley, and 55 of oats. He estimated the yield—wheat 1500 bushels, barley 1000 bushels, and oats 2200 bushels. Witness took a high value for the oats, as accused said there was such a good crop. The policy expires on June Gth. Have not paid the insurance. Have received no claim. The insurance would he paid to accused, in whoso name the policy is made. He told me there was a prior insurance of £75 on the crop with another company. By Mr Loughrey—Understood the former £75 wa’ in accused’s favour.

Thomas Fisher, Manager Standard Insurance Companv, deposed he received a proposal for insurance of .£75 from Moore and Co, to insure standing crop on the property of accmed. The value of the crop was put down as £3Bl if they yielded well. Moore and Co. can claim the money under the policy. Had not previously seen accused. ! James Wallace, threshing machine owner, stated that in accused’s paddock the average of the crop of barley would be from eighteen to twenty bu-hela. Accused thought he and Major would have between GOCO aud 7000 bushels from 300 acres.

By Mr Loughrey—Formed my estimate from seeing the crops from the road. David Brown, farmer, Amherley, stated he had been through accused’s crop before harvest, and estimated the crop at from twenty to twenty-five bushels an acre. By Mr Loughrey—Went along tho quarry, the crop was worst there. The land was better further in.

E. Brown, manager of Mount Thomas, gave evidence that accused and W. Major rented 300 acres from his father for cropping. <ln the 25th nit. I saw the stacks on fire. Had been through tho crop before harsest, and estimated the yield 23 bnsnels per acre. Accused owes rent £25 from last season. He owes 10 per cent, on the crop for this season. Frederick Walter Scott, cook at Monnt Thomas on March 25th. Remembered accused being at the station; he was speaking abont tho fire. He asked for Mr E. Brown, and said his stacks bad been burned. One of the men asked him if there was any insurance on them. Accused replied that there was none. This closed tbe case for the prosecution. Accused was committed for trial at the next session of the Supreme Court. Bail was accepted, accused in £SOO, and two sureties in £250 each. Messrs J. Wilson and J. Frizzel entered into the sureties. The case against William Major for incendiarism, was at a late hour ad j ourned till Tuesday week, bail being accepted in similar amounts as in Wilson’s case, Messrs E. Dawson aud J. Robinson.