ALLEGED CATTLE STEALING AT PUNGAREHU.

Lyttelton Times, Volume LVII, Issue 6505, 2 January 1882, Page 5

ALLEGED CATTLE STEALING AT PUNGAREHU.

The following report of an alleged cattle stealing case at Pungarehu, heard in the New Plymouth Court, is from the Taranaki, Budget s Thubbdat, Dec. 16. —Before 0. E. Bawlinson, Esq., 8.M., B. Parris, Esq., K.M., W. Bayly, Esq., J.P., C. D. Whitcombe, Esq., J.V., and J. Elliott, Esq., J.P. Joseph Pennington, Bichard Pennington, A. Clough, J. Julian and Alfred Plummer were charged with having on Nor. 23 stolen two bullocks, the property of Te Hi and Bangi Haere To, of Psrihaka. Mr Qoodall conducted the prosecution, Mr Samn-'l appeared for the defendants J. Pennington and B. Pennington, and Mr Halse for the other defendants. George Handle deposed: law a labourer residing at Optmake. lam a brother-in-law to Mr J. Pennington. On Thursday, the 24th November, I was at Pungarehu.’a. d I saw the defendants Jnlian and <T. and E. Pennington there. I beard some conversation between the defendants about seme cattle. On the day previous J. Pennington asked Julian and 1 if we would go out and try to find some cattle he bad lost some time since. He said one was black, one- red, two white, and one roan, some of them being branded “ 66,” and some had slits in the ear. We'agreed to po. On the Thursday morning .Julian, Richard Pennington, and myself went out towards the beach looking for the cattle. We found two black, cna red, and one rosn, and brought them up to Mr Pennington’s slaughter-yard. We brought seven or nine head of cattle altogether to the yard, and left them there. I paw the defendant Josepi Pennington on Thursday evening. I have seen two bullocks in the pound at New Plymouth. One was black and white, and the other black. The black and white bullock which I saw in the pound this morning was one of those I put into Mr Pennington’s slaughter-yard at Pungarehu. lhave also seen a bullock’s hide and head at the lockup (his morning. I believe the hide and head belonged to one of the cattle I drove into the slaughter-yard. The ears were off the head when I saw it yesterday, I believe the cattle were worth about £7 each.

Cross-examined : Messrs J. Pennington and Orowther are the contractors at the camp for the A.O. Force. Messrs Pennington and Orowther always get their cattle from Mr Breach, of Opunake. 1 helped to drive the cattle three or four times from Mr Breach’s place at Opunake. Some time before November 23, I remember eight or nine cattle getting ont of Mr Pennington’s stockyard. There were one red, two white, one roan, and two black bollocks. The black and white bullock was pointed out by Mr Orowther as one that he had lost, and was one of those driven into the stock-yard afterwards. Some of Mr Breach’s cattle were branded, and some were not, and if they got out of the yard it was difficult to identify them. We brought seven or nine cattle, and drove them in, in order to draft out three of them. We only left three bullocks in the yard. The others were let ont, as we did not think they belonged to Mr Breach. Clough and Plummer slaughtered the caxtie, and ft. Pennington, Julian, and myself drove them in. The bullocks sent by Mr Breach are not working bullocks. The Natives’ bullocks are nearly all working bullocks. By the 1 Bench: We were told that the lost cattle bod either slits or brands, and the eit tie we drove in and left in the yard had either ear slits or brands. Ko Kauro stated: On the 24th November I saw E. Pennington, J. Julian, and Gr. Bundle near the beach. They said they were looking for Mr Breach’s cattle. After that I wentt - *. Mr Pennington’s slaughter-yard, and I saw a bullock there. One of the bullocks which 1 saw in the pound this morning was the one X saw in Pennington’s yard. It was a black bullock, and there was a piece cut off the top of the left ear, and also a slit in the ear. It belongs to a Native named Bangi, who is now in Oourt. 1 saw the defendants Cicngh and Tlummer a*the slaughter-yard skinning cattle. By the Court: The two bollocks, the subject of this information, were not running with wild cattle; they were running with working bullocks. Whenua stated: The last witness spoke to him at Pungarehu on Nov. 25, and he went to look at the cattle in the slaughter-yard, I saw a black bullock, a red one, and a white one alive in the yard. I also saw two dead bullocks. One of the bullocks—a red one—belonged to Te Hi. It had a mark on the left ear. The heads were cut off the two dead bullocks. The ears were on the dead bullocks when I first saw them, but when I next saw them the ears were cut off. I saw the defendants Clough and Plummer at the stock-yard, and I told them that the black bullock and. one of the dead bullocks belonged to the Maories. I told them to let the black bullock out, but they did not. do so that day. I afterwards searched for the ears but did not find them. I saw the hide of the dead bullock. The hide and head I saw at the Police Station this morning belonged to the dead bullock. None of the men endeavoured to prevent us ex« amining either the dead bullocks or the live onei. M»jor Tuko asked the men to let the black bullock out, acd they did so. By the Court: These two bullocks are the only two which the Muories have lost, lately, as far as I know. I h >ve never seen the contractor’s cattle goin" among the Maories’ cattle.

Tamataha gave corroborative evidence. Te Hi stated that he bad seen the hide and head of a bullock at the Police Station. He identified them as belonging to a bullock which was his property. He saw the bullock a month before it was killed. He had lost it about two years previously. Ho did not sell the bullock to anyone, nor did he ant norise any one to drive it away. He had not lost any other cattle recently. He only owned three piirs of working bullocks. The natives at Farihaka all know each other’s marks on their cattle. The Court adjourned until Friday morning. On tho Court resuming on Friday morning, the following witnesses were examined Major Take stated that he went to the slaughter-yard and questioned the slaughtermen about the dead bullock. They at first stated they did not know who tilled the bullock, but, after being pressed, they admitted that they had done it. They also stated they had cut off the ears to save Mr Pennington getting into trouble with the natives.—The evidence of C. Messenger, Sergeant Webb, and Constable Evan was also taken. This concluded the evidence. Mr Samuel and Mr Halse applied that the cose be dismissed. Tho Court after consulting together gave judgment as follows : —We consider there is no case against Joseph Pennington. We are of opinion that up to and including the time of killing the red bullock, no felonious intent is primd facie proved—there is a fair reason to believe the other defendants thought the red and black bullocks wore contract cattle. As to tho acts of Clough and Plummer, their conduct is almost inexplicable, and, if it had been shown in evidence that they obtained or were likely to receive any bandit from this wrongful act, wo should commit them for trial, but wo think it was an act of thoughtless foolishness committed to save themselves from trouble with their masters —not an set committed with a felonious intent, as the ear were out off after the cattle had been identified by the Natives. Tho prosecutors have, of course, still a remedy by civil action if such should bo necessary. Tho defendants are discharged as to tho information now under enquiry. My brother Magistrates desire mo to state that tho evidence discloses considerable carelessness in the selection of cattle for slaughter, and it behoves people to be very careful before killing a beast to be quite sure that there is no doubt that they have authority to do so, otherwise they cannot complain if they are, in consequence of their carelessness, put to the risk and expense of a criminal investigation, or may be trial.