ALLEGED CATTLE STEALING

Hokitika Guardian, 3 September 1931, Page 2

ALLEGED CATTLE STEALING

CHARGE AGAINST F. J. TIBBLE'S. (Grey Star). Arrested on Tuesday’' night, Frederick James Tibbies, 23, of Maori Creek, appeared at the Greymouth Court yesterday, and was charged that, on Aug. ust 28, at Stillwater, he stole one yearling bull, valued at £4, the property of Kate Moore. Accused was represent, by Mr T. F. Brosnan. Detective H. C. Murcli: In this case, your Worship, I would ask for a iemand until next Monday. Mr Brosnan : Would your Worship fix bail. Detective Murcli: My instructions are to oppose bail. It is very seldom that we have to take that step, hut. in this particular case- the circiimstances justify the opposing of hail. Accused may be hailed at the discretion of the Court. It is alleged that, on Fridary last, accused drove some 12 or 13 cattle along to the complainant in this case, some miles. A certain number of the cattle Were dropped thei'e, and the rfest were takefi on to the property in the use of accused. O'ilie bull, the subject of the change* was recovered yesterday, the first day of the search. The search is going on now on the property, by a number of men, and it will take a day or two, and more, thoroughly to comb the ground. There are thousands of acres in the use of accused, and we feel that we should oppose bail until we have* had a sufficient search made for the other cattle. Mr Brosna.n: What the detective has said is quite true as to bail being at your discretion. In this case, the points to be considered are the seriousness of the offence, the strength of the evidence, and the weight of punishment. The charge ' Is in respect to a yearling hull, not a pedigree anynal, but a Jersey-Shorthorn cross. Accused says that .it would bring only 30s in a saleyard, although it is valued at £4. Most, of the cattle referred to belong to accused, and he has quite a good explanation for doing what he did. His idea was to drive them past Moore’s place, leave some of them there, and take the rest further on. He did leave some, hpt could not cut this hull out of his own mob. He made some efforts, hut did not succeed. There is a special reason why - there is more difficulty with a hull than with an old cow. As to the search, my client informs me that he thinks he knows where the cattle are, and ,has already told one of . his boys where , lie should look for them. It is very rough country, and, as the detective says, it would take a loilg time to search. My client is quite definite that the stock is not on his own grazing farm of 100 acres. The other country is unfeneed and rough, and, even if the cattle are found there, it is no proof of guilt. H,e has about 75 breeding ewes and 50 lambs, which means that about half the ewes have lambed. They are to be looked after, and he has to go around his sheep every day. They should have been attended to this morning, but there is no one else to . do it in his absence. His sister is on the farm, but obviously cannot attend to things like that. The only other person is a brother, 12 years old, who will he starting school again next Monday. At present the boy is in Greymouth. In addition, accused has two breeding sows, which are expected to farrow at any time. He has to build a shelter for them, otherwise, if wet weather comes on, he may lose the whole of the litter and the sows as well. There is no ion that we will not appear for trial. A similar charge was brought against him in 1929, of the theft of a bull, and bail was granted. From my instructions, accused has ai complete defence, and there is no suggestion that ne is going to avoid trial. There is nothing before your Worship to show that there is a strong case. SEARCHING FOR COWS. Detective Murch: Of the 12 cattle I refer to, none belong to accused. .There were another three or four, which he brought from an entirely different place, and joined up with the others. Six cattle belonging to complainant, were taken on to Maori Creek. The search is going on for the five cows. The evidence- .comes before tile Court when accused, if necessary, would be committed for trial. Then it is a question for the- Court whether hail should be granted. On this occasion, it is a question of the interests of justice th-ait the prosecution is concerned with, and we could not expect the accused to assist in building up a case against himself. Mr Brosnan has referred to accused telling Moore where he would find the cattle, on Moore’s own property. Our enquiries have established that these cattle w r ere driven eight miles at least from Moore’s place, and a further number of miles from Maori Gully, where the beast which is the subject of this enquiry was found. That beast was driven 12 or 14 miles from Stillwater, where it was grazing. The object of opposing bail is in the interests, of justice. The evidence will he. brought before your Worship at the proper time, and it is possible that further charges will be preferred, in respect to the other cattle, if they are recovered. The police, with the assistance of farmers, are combing the country in a search for these cattle. If ac. cused were allowed out on bail, he would have an opportunity of attempting, possibly, to defeat the course of justice, knowing the country well. As

to his family, Mr Brosnan did not mention another brother, aged 19, who could carry out the work on the farm. Mr Brosnan replied that - that brother and another brother were working with accused’s father in a tunnel not connected with the farm. Accused said that they did not know anything about attending to> lambing ewes and farm work in general. Detective Murch said ’the police knew that accused and I)is brother and father all assisted on the farm’. The tunnel was a short distance away from the farm, and was being done by themselves for themselves. “The main test in regard to • the granting of bail has been laid dowF as being the question of whether 6f not the party for whom bail is applied is likely to appear to- take his trial,” said Mr W. Meldrum, S.M. He added that other factors to he considered were the nature of the crime, grave or trifling, the probability of a conviction, the nature of the evidence, and the punishment. “It may be looked upon as being in the interests ot justice,” lie said, “that the accused should be kept' in confinement until the police have made all their enquiries, but, oil the other hand, the Oours has also to consider the right of an accused person to prepare for his own trial. It is hindering him in that, if he is In confinement. I think it reaiiy turns hack bn the iiiaih ques* tioii, as to whether or not he is likely to appeal to take his trial. TliS Supreme Court sits within the next fortnight, and the remand is only until Monday next.” Detective Murcli said he had omitted to explain that it was not proposed to hear .the case before the next sitting of the Supreme Court. A further remand would he applied for on Monday next.

The S.M.: If, of course, accused were liberated on bail, and it appeared, when he comes before the Court on Monday next, that lie has done anything in the way of trying to hamper the police' in their enquiries, that matter could he considered then with regard to releasing him on further bail. I have to consider the position of accused, as well as that of the prosecution. A man is deemed innocent until He is proved guilty. I think if substantial bail is granted it will meet ■ the . ease, I allow accused hail in self £2OO and one surety of £2OO, or two' sureties of £IOO each - . “Thank you, your .WiOTsflup/’ said Detective Murcli.