OTOROHANGA HORSE CASE.

King Country Chronicle, Volume V, Issue 342, 4 March 1911, Page 5

OTOROHANGA HORSE CASE.

HAMILTON SUPREME COURTTHURSDAY. Before Mr Justice Edwards and a Common Jury. Herbert Parker, William Stewart, and Arthur Smith were charged with stealing and receiving one bay mare at Otorohanga, and also one bay mare, the property of Awlia Ilekanui. Mr Hacket appeared for Stewart, and Mr Pilkington for Smith. Parker was undefended. Henry Wilkinson, a Maori boy i;> years of age, living at Otorohanga, stated that ho missed his mare about October 1010. He next saw the mare at the court at Auckland. Nobody had authority to dispose of it. Te Nona te Hera farmer living at Mangarama had a bay mare which he missed at the end of last year. He saw the same at the police court proceedings and identified it as his property. He had also lost seven other horses. His horses were running on about 10,000 acres where there are a great many wild horses, the right to catch them being limited to the Maori owners of the land.

Donald Eraser, contable, stationed at Otorohanga, stated that he arrested Stewart and Smith on the 11th February. He asked Parker if he trucked any horses from Kavva on December 22nd, but Parker would not tell him. Witness stated that if Parker had come by the horses honestly he would not be afraid to tell him. Parker said he got the horses from a man named Anderson. Smith said when arrested thai; he could clear himself of the charge, as he went to Kawa to see a land agent. Pie admitted travelling with Parker and Stewart, when they took the horses down. Witness did not know anybody named W. Bell in the district. Smith, Parker and Stewart were all working together at. Izard's place, Mangarama. The jury after a retirement of forty minutes found Smith not guilty and returned a verdict of guilty against Parker and Stewart. Prisoners were remanded for sentence until 10 o'clock on Friday morning. FRIDAY. At the Hamilton Supreme Court, Mr Justice Edwards sentenced Parker (28 years), found guilty of horse stealing at Otorohanga to a term not exceeding five years' for reformatory treatment. Stewart (20 years) was admitted to probation for a terra of two years. In sentencing Parker, his Honour said he would pass a merciful sentence notwithstanding the fact prisoner had begun a life of crime. There were no other convictions against him, but the facts in the present charges were such as he had not had before him on any other occasion. He was convinced that prisoner had to some extent lead both Smith and Stewart into doing wrong, and he was also convinced that Smith knew something about the matter. Prisoner had made arrangements for trucking the horses even before he stole them, which plainly showed criminal intent. His liberation now remained with the Prisons Board, and if prisoner could convince the Board that he had reformed he would be discharged before the five years were up. The matter now remained with himself. With regard to Stewart, Mr Hackett asked that he be extended the advantage of the First Offender's Probation Act, and on prisoner agreeing to go home to Te Kuiti bis Honour granted the application provided Stewart takes out a prohibition order for the two years, and pays £lO towards the cost of the prosecution at the rate of 10s per month.