ALLEGED CATTLE THIEVING.

Matamata Record, Volume III, Issue 122, 6 March 1919, Page 4

ALLEGED CATTLE THIEVING.

Kaimai Farmer 1 Charged.

A speaial sitting of the Matamata Magistrate’s court was held before Mr Kenrick, S.M., last Thursday, when Patrick Lowery was charged with stealing sixteen head of cattle to the value of £B4, the property of J. R. Self, of Matamata. Detective Cooney prosecuted, and Mr G. G. Bell appeared for the accused.

Herbert Shepherd, manager for J. R. Self, stated that in May last year his employer leased a farm at Kaimai from a Mr Laud. Three lots of cattle were taken to the farm, one on May 21st, one on June 10th, and the other in July. The first two lots were earmarked with Selfs brand, leaving 49 with his own (Shepherd’s) earmark, and Selfs brand in oil. He knew the accused, and had understood that he was to work on the farm at fencing, etc., for which he was allowed to graze 40 or 50 head of cattle free of charge. At first Self’s cattle did well, but later made no headway. In November Self and he went over looking for the cattle. They went to Lowery’s own farm and saw four head belonging to Self. They took them away. Accused, after saying he had reared one of them—a heifer —gave it up. The earmark of this had been altered. Two others he gave up without question. He would not swear that any of these four were firebranded. He next visited Kaimai owing to something a Mr Wilson told him on February Ist. He went with Wilson to the latter’s farm. They mustered the cattle and he picked out seven head belonging to Mr Self. One had Self’s earmark,* which had been altered and fire-branded; the others had his own (Shepherd’s) registered brand which in most cases had been altered. The end taken off the ear, this altering the mark. One had not been tampered with. On February 12th witness went to Tauranga and found some of Selfs cattle in the possession of Mr Tutchen—five and a calf. These were branded, but the brand bad been “ pretty well ” altered on two. On the others the brand was untouched. Self took possession of the cattle and brought them back to Matamata. The cattle were examined in the presence of Detective Cooney and Mr Tutchen. On the morning of the hearing he saw a roan heifer in the possession of a Mr Lysaght. This had Self’s and another brand also. One was also in the possession of Mr Griffiths. The cattle were on view at the saleyards. Continuing witness said accused had no authority to sell the cattle.

Gavin Wilson, farmer, of Kaimai, said he knew the accused, having purchased some cattle from him in August and September last. After he had purchased them he noticed that some of the cattle had his own brand (14) on them. Witness spoke to accused about it, asking why he was using his brand. Accused said he thought he was doing no harm as he was branding the cattle on the opposite side to what witness did. Witness had left the brand in accused’s yard after branding his own cattle. He did not receive the brand for five or six weeks. He subsequently saw Shepherd .and together they went to Kaimai, where seven head of those witness had bought off accused were claimed by Self. He paid accused £5 each for three head, £2 10s each for two, and £4 10s each for the balance. He paid in about a fortnight. Accused did not object to the cattle being removed, but he had told witness that he had bought the heifers at Te Puke. Accused paid witness the purchase money back on February 10 (£2O) and February 22 Lowery lived three miles from witness’ farm. Accused knew witness’ brand was registered.

HerbertShepherrl, recalled, said some of the cattle on Wilson’s place were branded 14. When leaving Wilson’s he called accused from the road, and told him that he (witness) had seven more cattle belonging to. Self which accused sold to Wilson. Accused said that would make him seven more of his own cattle short. He asked that Shepherd write to his boss (Self) and ask him to “ make it as lenient as possible, and explain that it was a mistake.” When asked to inspect the cattle accused said “ you will know your own cattle.” Alfred Carter Tutchen, butcher, of Tauranga, employed by Harvey and Sons, said he sometimes dealt ip . cattle. On September 15 he attended a sale at Judea, and purchased nine head of cattle through the N.Z. Loan and Mercantile Agency Co. at £6 5s per head. The seller was the accused. Sometime after he had possession he received a letter from the company’s manager. Through receiving the letter he held on to I the cattle. Sometime later he 1

met Lowery, and asked him if the cattle were alright. He said they were as far as he knew ; that he had bought them at Te Puke. The accused stated that if the cattle were not alright he would take them back to the owners. Accused asked where the cattle were, but witness would not tell him. He offered to make an appointment. Five of the cattle were later claimed by Self and Shepherd in Tauranga. With the exception of one he was quite satisfied by the description of the brands and ear-marks that the cattle belonged to Self. Harry Truman Lysaght,farmer, residing at Welcome Bay, Tauranga, deposed that on August Bth last he bought twenty head of cattle at the Judea sale. A roan heifer was amongst the mob, branded H.S. and earmarked. This heifer had since been identified by Mr Self, and he had given the latter possession. William Augustus O’Halloran, auctioneer for the .N.Z. Loan and Mercantile Agency Co, said a sale was conducted in August at Judea and by the stock sale book it appeared that a roan heifei ■had been sold for Lowery to H. T. Lysaght. He could not say who conducted the sale as the book was not signed.

The Magistrate commented on the fact that the book was not signed and that the conditions of sale were not attached. He said that auctioneers for their own protection should comply with the Auctioneers Act.

Witness said the book also showed the sale of nine heifers for the accused to Tutchen, on September 15th. John Reeford Self, of Auckland, stated that he owned a farm at Matamata and also had a place leased at Kaimai. He had lost a good number of cattle from the Kaimai. He found four on accused’s farm on one occasion. He looked through the whole of accused’s cattle and noticed that several of the cattle were branded 14. Accused told witness twice that this was his own registered brand. When questioned as to why witness’s cattle had got on to accused’s farm, or why the brands had been altered, Lowery said “ it didn’t matter —he didn’t know.” He swore that he had nevor sold any of Self’s cattle —these were the only ones, he had touched. Accused swore that ho bred one heifer, until the ear-marks were shown him. The brands were registered in Hamilton on March 26th last. At the time the cattle were sold by Lowery on August Bth and September sth, with the exception of a few fat cattle sold to a butcher at Matamata, witness had not sold any cattle to anyone. He considered Shepherd a competent man amongst cattle and quite equal to recognising his cattle and brands.

John Cooney, sergeant-de-tective saw the accused on February 12th at the Judea saleyards. When asked if he had any explanation to make regarding Self’s cattle he said he “ must admit that they were Selfs, and that he should not have branded them.” He said the hair was so long that he could not see the brands, and he thought they were some he bought at the Te Puke sale. Constable Skinner gave evidence as to arresting accused. At the walch-house when the charge was read over to him accused said “sixteen; they must be charging me with those I sold to Wilson. Self got them hack and I am willing to givo him the others back.” Accused pleaded not guilty and was committed to stand his trial at the Hamilton Supreme Court, on March 4th. Bail was allowed in three sureties, himself of £IOO, and two others of £IOO each.