Alleged Cattle Stealling.

Huntly Press and District Gazette, Volume 1, Issue 21, 13 December 1912, Page 3

Alleged Cattle Stealling.

T KATO FARMER’S TRIAL. Edward Bourke was bean Supreme Court earlier ■ ik up in a charge of .tie-stealing at Matahuru, the jury put their verdict io writing us follows: “We find the prisoner guilty of being in possession of stolen property and being a party to the sale of same, but respectfully urge hud -:icy, as there is not sufficient evidence to -how that he actually stole the cattle." The prisoner was hr > g’lt lit) for sentence this mar.dig, but I)r. B.uiiford (instruct; ! by Mr Quarlly) asked his li unur to slate a case'for the (hurt of Appeal as to whether the finding of the jury amounted to a verdict of guilty. The jury said "prisoner was guilty of receiving stolen cattle and being a party to the sale of sam 1 ' rnncil contends 1 that that was a special verdict and not :< gmoral verdict of guilty. The jury had not found that prisoner knew the cattle had been di honestly obtained. The facts iound by the jury did not amount to an offence, as there was an absence of guilty knowledge. His Honor indicat ! that he had no doubt in his own "mind as to tho intention of tk ■ jury. They clearly -thought prisoner id wished to "let him itly,” as they recom- - ! ' ' V. it i That surely : bowed u. pected witnes - t i he .... ~ ,utford i|U )ted ;. v :ral cases in support if hi- c ;wtion that the finding was n <? a fi t ling of guilty. . Tim H iJ. A. Tolo coni aide ! tftal the fi iling wa not ; ■ ■ icial verdict at all, and therefore did not came under the cases quoted by Dr Bamford. There ware two co mts in til : indictment one for stealing the cattle, and a second one tor stealing tho cattle knowing them t > be dishonestly obtained. A jury was not bound to. follow technical language, and the finding obviously meant that prisoner was not guilty on the first count, but was guilty ou the second count. His Honor said it did not follow that because he had no doubt in his own mind as to what the jury meant they had said so properly in their verdict, lie would take time to consider the matter. Mi- Tole said lie did not know he was at liberty to had asked n. explanation ,li view of -ning. * lour pointed out that all tin .. a, the finding as it stood might not express that meaning. Prisoner was remanded until Thursday next, at half-past ten. ' THURSDAY. When Bouicame before his Honour thi morning, tTie cast was reserved for the .cansideration of the Court of Appeal. Bourke was released oil bai in tvho securities of £IOO each.