RESIDENT MAGISTRATE'S COURT, OTAKL

Manawatu Herald, Volume III, Issue 73, 13 May 1881, Page 2

RESIDENT MAGISTRATE'S COURT, OTAKL

SATOBBay, 7th May, 1881. (Before W. H. Simcox, A. J. Hadfield, and A. Braithwaite, Esqs., J.P.'u.) CATTLE STEALING. Henry Hopkins was charged that he "did, on the 11th March last, at Ohau, wilfully and feloniously kill one steer of the value of £9, the property of Mohi Heremia, with intent then feloniously to steal, take, and carry away the carcase of the said steer so killed as aforesaid. " Prisoner was undefended, and the following evidence was taken : — Mohi Heremia (interpreted by Mr S. M. Baker) deposed— l reside at Ohan, and at the beginning of March last owned a cow and a steer, which were' running together up to the time the steer was missed ; the cattle were sometimes in the paddocks and sometimesfin the bush, and were very tame ; the second week in March I missed the young beast fronvits mother, and looked everywhere for it but without success ; the steer had no bran), but an earmark, made by cutting away the upper side of the left ear ; the cut was made outwards to the tip of the ear ; the beast was purely white, and had horns ; the horns produced are those of my beast ; the beast was very fat when missed, and the beef would be very similar to the beef (produced) now before the Court: I am in the habit of killing wild cattle ; I would not believe anyone if they told me the beef produced was from a wild beast because it is so fat ; I never saw a fat wild bull ; I never gave anyone leave to kill or do anything else with that beast ; my cattle were running on land belonging to the natives at Ohau ; the head and skin of the beast were found about two or three miles away from my plsce, at the Tikorangi bush ; there are no wild cattle running in that bush ; prisoner had no reason for going to that bush. By prisoner— On Friday, when I went to your house, I asked yok to go and find the hide of the beast which you had shot ; you said you would not go until the constable came ; I do not know if you asked me about my cattle which were missing; I know nothing about your asking me questions relative to a missing beast belonging to a half-caste that was dead. By Constable Mitchell — You, the prisoner, Alfred Knocks, and I went on the afoienamed Thursday to Otarere to look for the skin ; the prisoner was our guide in going there, but did not show us a skin or carcase of a beast ; Otarere is about four or five miles from the place where the hide and head were found. By the Court— l saw that steer and the mother together last February; the distance between the place where the horns were found and the paddocks where the cattle were in the habit of running is about one mile and a half ; the place where those cattle were accustomed to run is in that bus'i where the hide was found ; the ears of the beast were not found when the horns and the hide were found. John Gittins deposed— l am a blacksmith residing at Ohau ; 1 was bushfalling there at the beginning of March last ; Hopkins was working with me at the time; about the Uth March he asked me if I was on to go out early in the morning for a beast ; I replied, " Yes," and we started oJJ*Tiext morning ; we went in the direction of Ohau pa, and saw cattle tracks; but did not come on the cattle; we returned to the whares, and started out again in the afternoon ; we came on the cattle in the Tikorangi bush ; there was a mob of 12 or 14 ; amongst them I noticed a white cow and white steer; I considered they were "mother and son " by them sticking together ; prisoner went round with a gun and shot the steer ; I did not see him shoot the steer, but heard the report ; I ran round to where prisoner and the beast were ; the steer was bleeding in the side ; the cow remained with the steer, but th£ rest of the mob ran away ; prisoner said, " Ithiik 1 will put another bullet in the steef s head ;" the bullet struck the beast in the forehead, and it then fejl ; I have seen the cow since, and identify it as the one that was with the steer ; the cow got blood on it from rubbing against the steer, and Hopkins said he would not for £v have the cow go out of the bush in that state ; we then took the inside out of the steer, and left it for the night ; before leaving we cut some meat off the ribs and hung it up ; next morning we quartered it and cut the head off ; it was a white hide, and no brand on it ; the hide produced is the One off the steer ; the ear-mark corresponds with the one described by Mohi ; Hopkins said he did not .' know whose beast it was ; we buried the hide in the bush in the plpcejwhere it was found by the police ; Hopkins oame'd 'tne"tfead away, and told me he 1 put it in the fork of a tree ; prisoner told me to tell our mates it was a wild bull we had killed up the Ohau river ; the meat produced is some of thai; taken from our tonares by the police ; it was some taken from the carcase of the steer to our whares; I am Bure Hopkins knew they were tame cattle ; when we were in the cell, prisoner advised me not to tell where the hide was ; he also said if we got out on bail we should go and destroy the hide. This witness was crossiexamined at length by the prisoner, but nothing fresh was elicited. ■•.■•, , ■ , . By Constable Mitchell— Charles Brown was with us when we made the first trip to bring home the meat ; he helped to remove the hidg,;, Brown also helped to carry home some meat ; Hopkins' caution about telling \ our mates it was a wild bull we had shot - was addressed to Brown as well as myself. By the Court— The names of the other two men who went with us to carry home the meat were Jobn Mardock and Philip West. ' • " At this stage, the farther hearing of the case was adjourned until ' v " "Tpesday, Ma* 10, ' when Mr Simcox alone occupied the Bench. Alfred Knocks gave evidence >s to being one of a search party to find the hide. He also stated that from experience amongst wild cattle he would say that the meat produced was not a portion of a wild bull. In . answer to .the Court, witness also stated that he was present 'and saw the meat produced taken from the;prißonerV whaf&. A Philip West,, one of the accused's inates,' also gave corroborative evidence. - '' '" Constable Mitchell said he visitad the accused's camp, and asked him.toihow hinl .where he liad shot the beast ; he consented, - but evidently had no particular place to . take him to ; the following day he received a warrant for the arrest of prisoner On ' a charge of feloniously «hpotinft.^aftß ; be took some of the beef from the whan, and had had it in his possession since ; Hopkins [stated to witness h» bad sh«t the /beast five miles up the Ohau river, but after hearing that Gittins had made a statement to the police, Hojpkyis remarked thjit as Gittins had split he was going' to/ care of him- ' self —that he knew he had kitted the steer, but the others knew as mucn About it ''as he diil, and that he did not see why they should " ' not have^so^ne of the punishment ; after Gittins tUd madehisßtatement,in company with him and Mohi, witness went to the spot indicated, by Gittjns and them found the hide ' produced ; examined' &e'''m<fe, : and - found, it was covered with' white hair ; found the head with a holo in the front as though made by a bullet, also the horns,

which were identified" by Mohi as his pro-pMte-V-wo found the head and Bkin two miles from the Ohau pa, and about five or six miles from wheie Hopkins described he had shot the beast ; the head and' horns were distant about a chain from whejre the hide was found. . The prisoner had nothing ti say in defence, and was committed for trial at the next criminal sittings of the Supreme Court at Wanganui ANOTHER CASE. John Gittins, one of the witnesses in the previous case, was then similarly charged. The, evidence of . Mohi, Alfred Knocks, and the constable was taken, and the prisoner was also committed for trial at tho Supreme Court at Wanganui. DISCHARGED. Two 'more of the men at the camp named Murdock and Philip W<st, were also charged with the same offence, but the Justices did not deem the evidence sufficiently strong to warrant a committal, and the accused were accordingly discharged.

Wednesday, May 11, ISSI. (Before A. J. Hadficld, Esq., J.P.) CATTLE STEALING. Charles Brown, seaman, was charged with assisting the other accused persons in the committal of the above offence. The same evidence was given by Mohi as in the previous case. Gittins also repeated his former statement. On being cross-examined by the this witness said : — I did not tell you the evening the beast was ehot that Hopkins and I bad shot a wild steer ; I did not say there was no brand on it ; you were there when we were engaged cutting the head off ; I believe you carried away two of the feet, and I carried tho other two ; you told me you did ; nothing was said about our keeping it quiet. Henry Hopkins corroborated the last witness's evidence, and Constable Mitchell repeated his former statement. The prisoner, who had. nothing to say in defence, was then committed for trial at the next criminal sittings of the Supreme Court at Wanganui.