SUPREME COURT

Hokitika Guardian, 17 September 1931, Page 2

SUPREME COURT

CATTLE. STEALING CHARGE. GREYMOUTH, September 16. Tht trial of Frederick James Tibbies was commenced. Accused was charged that on August 28 at Stillwater he did steal one yearling bull, valued at £4, and one two-year-old steer valued at £6, both the property of one, Kate Moore.

Mr F. A. Kitchingham, conducted

the case for the Crown, accused, who pleaded not guilty, being represented by Mr F. Brosnan. The following jury was empanelled: Neil Brodie McCallum (foreman), Les lie Pattcr.son, Claude Alan Coumbe, David Dick, George F.dar, Frederick George Pope, John 'Henry Allen, Leslie Harrie, Richard Spencer, Frederick Louis Baldwin, Charles King Millar, 'Harold Bradford Chalk. The Crown challenged 12 jurors called, and the defence challenged six.

In outlining the case, the Crown Prosecutor stated that the accused was charged with stealing one yearling black bull, and one red-and-white ; steer, the property of Mrs Moore, who lived near the Arnold bridge, close to Stillwater. Before going into details as to how the offence was committecl, ■it was essential that the jury should ',f be given some slight idea of the geography of the district, the facilities ‘ and the method adopted in this particular case. The district was one v,.which was inhabited as sparsely as ” any other part of the West' Coast. Accused lived at Creek, or Dun*4) ganville, and counsel proposed to refer to it as “Dunganville,” so that a distinction could be made, as the name '‘.Maori Creek” would enter into the evidence. Maori Creek was the point where the dredge was operating, and was from four to six miles beyond' Marsden. Detween Dunganville and | (Maori Creek "there were no people liv- * ing. The offence was committed at | (Stillwater, very close to the Stillwater | bridge. From Stillwater to Maori I Gully the distance "by road was about | seven miles. A person ■ desirous of If going to Maori Gully would cross the jj (Stillwater brdge and continue along | the Grey Yalley road to the Stillwater •' 'Hotel, on to the top of the hill, then | proceed to Kotuku, where on turning j to .the right, the distance to Maori | Gully would be another two, miles. A I I motor car could be driven 'to Maori •j Gully, but the path from there to Duni .Vanville was only a horse track | through the bush. From Stillwater, i a person could also get to Dunganville ? 'by going'up to the bed of Stillwater \ 'Creek, then' on to Maori Gully and ? Dunganyille. There were no inhabiI tants along that route, and between } Kotuku and Dunganville there were ■ only a couple of houses. From Still--1 water Dullganville the whole { ..distance could be traversed without . meeting anybody. The country had ! till been mined; *ofi*" ’by*

P bushmen, and was consequently of no ’—'’value for farming. On -the right hand vnide of Stillwater Bridge at the Grey* " mouth end, was a paddock known as “Cressy Paddock/’ while on the Stillwater s’de was another, known as /“Harper’s paddock." “In Harper’s paddock, the theft actually took place/ said the Crown Prosecutor. “The paddock is intersected by two deep water ——•courses, and is bounded by Stillwater 'Creek. ,In the paddock itself two creeks are filled over by noxious weeds .... '/<ihd .Px no signs of having been, near it. The > two creeks converge to flow into Stillwater Creek, about one chain apart. To the date of the offence, August 28, it' appears that Mrs (Moore, who Fives in a house near the Grey Valley Road, • and ..close to the -Arnold River bridge, b where she has grazing rights over a small piece 'of land, was in the habit of getting her' boys to turn the cattle out, and allow them to stray iin the vicinity, but occasionally the cattle came down on to the road. On this day they did, come down, but were . turned taqk-Fby: some,person and driven intp"Harper’s paddock. They were observed there by Mrs Hassan, who sent one of her boys with a message to Mrs Moore, .and the other, both being between 7 and 9 years, to put up the rail at the paddock gate. Shortly after this accused came along the main road at a gallop, or at anyrate at a smart: speed, dashed into the paddock with' his dogs, rushed the cattle to the point where the creeks con- . verge, and got them herded together.. The cattle pushed one wire in Jhe yl? fence out, which enabled them to get |fjb through into Stillwater Creek. One l fig broke away but accused went back :flf i'.h* it, and made sure of getting it, ill so that he got all the cattle. There fii " ;re two wires left, so he was ?'§! obviously not able to get his horse over. We came back on the road, and f followed the road down to the bed of the creek, then went up that, driving

f-d the cattle ahead. In two respects 'Ml' I ll ' vvas singularly unlortunate. ' Ho dashed down the road, and in the course of a few minutes had the . cattle out of the paddock, to drive them towards Dunganville, but he did

not take the whole lot to that place. It was an occasion when few people be about and accused considered that anybody would see what he was doing. It was there ore unfoiv, tunate for him that Mrs Hassan saw ii him in the paddock. She heard u noise but could not see from her

verandah, so went out on the 'hillside to the edge of the terrace, where ’’she saw exactly what was taking ’’‘ '• place. That was misfortune No. 1. Misfortune No. 2 occurred when a

man named Hassan working in Cressv s‘X7 paddock . cutting blackberries heard the noise. He left liis work and followed I'ibbles and saw him driving away the cattle. Enquiries were set going and one of the Moore boys went up the creek, but pwing to Li*

horse casting a shoe he bad to turn back. The following day he went up again and did recover some of the beasts. Persistent enquiries were continued and in the course of days, certain stock was found at Dunganville on land in the vicinity of Tibbies* house. There were four beasts which accused stated lie bought from Mrs George Blair at Kokin, but. one other was definitely and conclusively the black yearling bull belonging to Mrs Moore, and it was branded with her brand. The red-and-white steer reierred to cannot be located, but it will be definitely proved that the beast was in the paddock when accused drove the stock out. Where it now is, is a matter for conjecture, but Tibbies took it out of the paddock. The country referred to consists of thousands of acres, and the beast might be anywhere. Tibbies may say that it is not on his property, and that may be so. But he may have it concealed, and be able to put his hand on it at anytime,” concluded the Crown Prosecutor.

Evidence for the prosecution on lines similar to that given in the Magistrate’s Court, was given bv Mrs Kate Moore, who stated that five cattle were still missing, the mother of the. yearling bull having returned to the homestead of her own accord. Other witnesses for the. prosecution Oil lines similar to that given in the Magistrate’s Court were Peter Hassaii, Hugh Hassan, and Margaret HasSail.

After the luncheon adjournment further evidence for the prosecution was given by Mrs Hassan (continued from the morning session). She gave evidence as to having from a hill behind her house seen a horseman in Harper’s paddock drive the cattle to the top end of the pa dock, and then himself return and leave the paddock by tbe way lie bad entered. Thomas Harpei;, owner of the paddock from which the cattle were alleged to have been stolen, stated, as previously in the Lower Court, neither Tibbies, nor anyone else, had authority to enter his naddoek. and take cattle from it. The paddock was securelv fenced and the horse, which ho usually kept in it had never strayed. To Mr Brosman: No one in the first place had had authority to put cattle in his paddock. Witness about eight or nine years ago had kept cattle m the paddock; but' draught horses bad been kept there for the last 15 or 16 years. The paddock where it abutted on Stillwater Creek was not fenced m its entirety. The creek acted as a fence, for some parts, but there were five acres of wire fencing. 'lt would not be possible for cattle, in witness s opinion to enter the paddock by means of the creek, and in his opinion cattle going out of the paddock acioss tlm creek would renuire to he forced. To Mr Kitchingham: There were two creeks running through the paddock with about three chains between them, and the fence was erected along that five chains. Cattle could, ill Avitn ess’s op ini or? 1 not cross'either Gordon Maher, aged 17, gave evidence , similar to that given m the Lower Court, stating that, he had fcm the accused, Tibbies, riding a light brown horse, with two yellowish dogs near tbe Stillwater Creek on the morning of the alleged offence. On Ins way to the creek, witness had seen Moore s cattle, three of which be special!v noticed, in Harper’s -acldock. When some time after noon, he returned from the creek, where he had been sailing a. boat, there were no cattle ui the creek. Mr Brosnan: Your memory has unproved since the Lower Court. Theie you swore that you bad specia notice of ony two steers, 'belonging to Moore’s. 'Witness admitted stating that he had stated taking special notie* df onlv two in tbe Lower Court, but that he bad later remembered the other beast. Frank Moore, a son of the owner of the cattle alleged to have been stolen, gave evidence that his motliei had thirteen head of,cattle. He bad followed up Stillwater Creek, but the pony lost a shoe, and he had to return home. He saw cattle marks, and dog marks. On the next day lie went up the creek, and the tracks led him to Maori Gully. He found seven head of his mother’s cattle about half a mile down from Maori Gullv, and he brought them home, via Kokiri. t The cattle generally kept together and did not wander far. There was nobody living between Stillwater or at Maoii Creek. To Mr Brosnan:-*Witness had been looking after the cattle for two years. He had knocked off school this yeai. The same thirteen head of cattle were last year turned out at .Stillwater . Mr Brosnan: This black bull would not be born then? —Yes it was i ll born then. It was there. To Mr Brosnan: There were three old cows, a red and white steer, and a little black steer d year) still missing. One other had come home, making ri the thirteen. The track up tlie fide rf the Stillwater Creek was not overgrown and lie could see dogs’ foot mar 1 '?. Since August 29th, Stillwater Creek had been searched for traces of the other missing catt’e. There were hundreds of acres of bush up the creek. He had searched on foot. John Moore, casual worker, said lie received instructions from the police on August 31st, and left in company with Fred Fletcher, in search of the cattle which disappeared on August 28th. They found traces of stock having recently traversed the route. It. was about thirteen miles from Stillwater to Tibbies’. Fred Fletcher, farmer Ngahere, who was engaged in the-search foi the missing cattle, corroborated the ev■ deuce of the previous witnesses. To Mr Brosnan: He did not know the country about Stillwater much. William Moore, another son of Mrs Moore’s stated that the yearling Lull .