LARCENY OF TREES.

Globe, Volume XXII, Issue 2023, 18 August 1880, Page 3

LARCENY OF TREES.

At the Ashburton Resident Magistrate's Court, yesterday, Thomas Nolan and Jeremiah Heffeman were charged on remand with Btealing trees from the public domain. Mr Purnell prosecuted, and Mr O'Beilly appeared for the defence, and applied to have the prisoners tried separately, as one was merely a lodger in the house of the other. His Worship refused the application. The evidence of W. Charlton, caretaker of the public domain, went to show that he missed a quantity of trees from the domain on the sth of July last. On the 9th of July he saw these trees planted in a garden at the back of the East town belt. On the 23rd July he missed nine more trees, and these he found in the prisoner's garden. On the 27th July he missed fifteen other trees, which were found in the prisoner's garden. On the Bth of August Mr Cookson came to witness acd told him a tree had been found near his place. Witness then went with constable Daly and found trees dropped on the road in a lino between the Domain and the prisoner's premises. Examined and recognised some of the trees in the garden. He next took out a search warrant, and went in company with Constable Neil to the prisoner's house. He recognised the trees as some of those taken out of the Domain, one of which was a Wellingtonia gigantoa, the only one of that class in the Domain. Witness then examined the trees produced in Court, and recognised them as those stolen from the Domain. John Symonds also recognised some of the trees. Edward Morris and B. Hughes gave evidence of having seen Nolan and Heffeman planting the trees in the garden. Constable Neil's evidence as to the arrest of the prisoners and the finding of the trees in the garden finished the case for the prosecution. Eugene Sullivan was called for the defence, and said he met Nolan in Timaru in July last. Witness had some trees in his poßßession, and Nolan gave him 8s for them. They consisted of macrocarpa, kauri gum, Scotch firs, and strawberry trees. Nolan said he did not want strawberry trees. He recognised the tree (pinus insignis) produced as the kauri gum he sold Nolan. He lived at Acton station, Bakaia. and had been told by his mate that Nolan had got into trouble about the trees. He then came to Ashburton to see Nolan, because he was afraid the police would arrest him. Some further evidence having been taken, and counsel having addressed the Court at some length, His Worship said he considered the evidence against Nolan very strong. As for Heffeman, he would treat him as a participator in the offence. He was Been planting the trees with Nolan, and consequently there was presumptive evidence that he knew where they were got. He would inflict the highest penalty the law would allow on both of them. Mr O'Reilly asked to be allowed to oall evidence as to Heffernan's oharaoter. The application having been granted, Denis O'Reilly and Charles Hardy, both of Rakaia, gave an excellent character to Heffeman. His Worship said that, in consideration of the character given Heffeman, he would deal leniently with him. There were four informations against the prisoners, and he would fine Heffeman £l, or fourteen days' imprisonment, in each case, with costs, making in all £5 13s. He would fine Nolan £5, or two months' imprisonment, in each case, making in all £2l 13f.