The Hawera Cattle Stealing Cases.

Manawatu Herald, 27 June 1893, Page 2

The Hawera Cattle Stealing Cases.

The above cases have been occupying the attention of the Resident Magistrate for a long time. Tbe case against Albert Young and Walter Gibson of stealing on 9th April two cows, valued at £12, the property of T. H. Foy, arose out of the alleged stealing of Mr McCarthy's cattle, the cows being taken from Foy's paddock and two steers left behind. One of the cows wag sold to a butcher at Waverley and killed, and the hide and head were identified by the butcher, by Mr Aiken, and also by Mr Foy.

The prosecution sprung a mine upon Walter Gibson by calling Albert Young as a witness, and whose evidence, taken from the Hawera Star, and given below ' explains the inodm operandi better than any of the previous reports. Albert Young, a settler living at Manaia was examined as to his desire to give evidence being willingly and voluntarily, which he asserted it was. In cross-examination he was asked many questions to prove it was not so, but without effect. The following questions show what prompted Young to ' round ' on his mates : — Did you resolve to confess after you came up here, although you had engaged counsel before you saw your father? Why did you do that ? — When I came up here and saw how things were I resolved to confess. My mates were turning round on me and bringing me into trouble, so I thought I would turn round.

You wanted to get round first ? — Yes, and I got round first. If not, perhaps I would have got last.

Perhaps you will still be round last. Has your confession been made in the hope of getting a pardon ? — I do not know whether 1 will get a pardon. Th? R.M. decided that the court had been shown that witness was giving evidence freely and voluntarily. (To witness : ) I have to tell you that if you give your evidence in an unexceptional manner you will be recommended for a pardon. I believe that is the regular course, Mr Barton?

Witness then gave evidence to the following effect: — I know the accused Gibson, and have known him for some years ; ' I fcnow Mr

McCarthy's at Skeet road ; I was there some time in April, on a Saturday night; there were three others with me; Gibson, Hunter, and Zyleski were the others ; we had a conversation about cattle ; Hunter said there -were some cattle down the road rounded up to the gate at McCarthy's ; we wore all ait-ting together; I said we would go; "let us be getting on";' the four of us went to McCarthy's ; Zyleski proposed that we should take a mob of McLean's cattle, which were on the other side of the road ; I said " No, we won't touch McLean's cattle " ; Hunter and Zyleski wanted to take them, and they went down, but there was a house there and they were frightened ; Gibson and I remained on the road, and then went on with the cattle ; Hunter and Zyleski went on to see if they could get some more on the Tempsky road; there were 23 of McCarthy's cattle ; we took the [first turning— what I understood was the Tempsky road; we met one man going into Mr Cameron's place ; did not speak ; I was driving back some milch cows out ot the mob at the time; I met another man past* Cameron's ; I don't know whether he spoke ; he might have said "good night " ; ,1 did not hear him, and did not know, who he was ; I was dressed in a dark suit, with a d.ab hat ; Gibson was wearing a black suit and a black hat ; it would be about 2 a.m. when we met the second man ; we went on to the Normanby road, and down the Inaha road on to the Main South road ; we then came on to Hawera ; we put the cattle in Foy's paddock ; I came to Wilson's stables, where I left my horse ; the others left me and I don't know where they went ; Gibson stayed with me until we left the cattle ; we parted at the top of Princess-street ; it was about day? light ; Hunter and Zyleski joined us on the Main south road ; they had no cattle; they could not: get any ; I did not again see Gibson till Sunday at 4 p.m , in the street, he was with Goodwin, his mate ; I wanted to know what time we would start with the cattle and where the others were ; Gibson replied that we would not start till after, dark ; I wanted to go before dark; we talked about getting some tea and getting ready to go ; we had a conversation as to how the cattle were to be sold at Waverley ; Goodwin said he was going to McCarthy's and would send us a telegram to Ellis' hoter~afc, Waverley if anything went crooked V Gibson went away at the time, and Goodwin and I were together ; Gibson said he was gding to . see about his horse at Coffey's stable ; I saw Gibson about 6.80 at the top ,of Princes street; we met by "an", arrangement made in town ; went-tp Foy's paddock ; found the cattle had gone ; it was very dark then, being about 7 o'clock -the church bpils were ringing; we went into, the, paddock to see if we could fin| the cattle ; we travelled around, and, got across a lot of rough country fynd gullies in there ; found them mixed up amongst a lot of other fat cattle. ;. started trying to draft theni; " managed it with the help of Hunter's dog ; the dog did the drafting ; drove them on to the road — what we thought were our own; we 'had a look through them and found i 'we ) had some cows which did not. belong to us ; we drafted out seven or eight cows which did not belong to, us an£ took them back ; had a hard job to, tell whether we had cows or bullpc)tß\ in the dark; the dogs seemed 16, know better than we did ; when we got the cows out we tried to; gej; ishe rest of the bullocks out which were left ; got the bullocks all but two ; didn't want to take any of Foy's cattle, for fear there would be' a tow about them ; had a count, and ; found we had two too many ; went along, and took out two which we thought were cows and put them back in the paddock; when we got themifiall right, we went on with ; stopped the other side of MapJ^bi for an hour and then on to Waverley ; when we got to Waverley we put them in the saleyards ; Gibson and I went to the hotel and 1 - our horses a feed and had breakfast ; Hunter and Zyleskie went to the other hotel ; after breakfast I lost the run of the others ; I went to see if I could find them, and found the three of them buried in the straw- in the loft ; the three were Hunter, Zyleskie and Gibson; the -stable was Ellis' ; I had a talk with them ; they asked me if I had entered the cattle, and I said, " No, I think fti your turn this time, Hunter " ; •• Oh," he said, " You better do it this time. I'll do the ne^i Jfi^r there'll be a big Aiv, next tiinjfeQ we argued a bit about it, and I agreed to go and do it then ; I did it ; I saw Mr Jackson ;_ went over to the yards, and drafted some heifers from the bullocks ; took out three heifers and two cows ;. then went to Mr Jackson and entered' 18 steers and 5 heifers in the name of Munro ; stopped about the saleyards until dinner time ; then I had dinner, and after dinner went to the sale again; the others never showed out at all, but left; all the work for me to do ; I put a reserve on the cattle, and when they did not come quite near the reserve Mr Jackson asked if be would sell them and I

said yes ; after the sale I went and got the cheque from Mb Jaekson'u

son ; got £100, I think ; something like that ; then went down to the hotel and roused the others out ; they were still asleep in the loffc ; told them the cattle were all sold ; received account sales and a cheque ; showed them the account sales and the cheque ; the account sales are burnt ; they showed that the cows brought £4 per head, and the steers £4 8s ; can't remember what the total was ; there was some remark about the two cows from Foy's; were fright"cried there would be a row about them ; I believe it wag myself made the remark about Foy's cattle ; the others said it didn't matter— they were gone with the rest ; Hunter I think, said that ; I replied, "It doesn't matter to you much ; it * makes a big difference to me if it's found out ; this conversation all took place in the loft ; it was about 3 o'clock—the sale was not over;: .directly after that we left the loft ; we all left to get our horses ; we all ..got our horses, and rode to Wai to tara, reaching there about 4.80 ; we /went 'on to Wanganui ; the four of us went ; I heard McSkinning give .evidence that we went to his shop on Monday' evening ; that is wrong"; 4we didn't go to his shop till Tuesday morning about 9 o'clock; while Gibson was getting measured I was talking to Anderson outsida the door ; Gibson came out ; they were all watching me pretty closely because I had the £100 cheque ; I went to another tailor's and got a coat and vest ; Gibson and Anderson waited at the door ; after that we went down the Avenue abit ; we went to the corner of one of the streets that comes into the Avenue; I .said,

"I'll go across to the bank and get this cheque cashed ;" I was speaking to Gibson ; I believe Anderson was there ; Hunter and Zyle6ki were there, and others; Hunter and Zyleski had picked us up iv the Avenue ; I went over to the Colonial Bank and cashed the cheque ; I got about £100; I think I got 8 £10 notes, and the rest in singles and some silver ; I then joined the others ; Gibson was with me, and also Anderson, Hunter, and Zyleski ; we then went to Broughton's Hotel, and cut up the money ; we all got an equal share ; I got £20 odd ; Gibson and the others all got the same ; we then Idft for Hawera ; we stopped for dinner at Nukuraaru ; from there we came right on to Hawera ; I had. no authority to take McCarthy's cattle, and none of my party professed to have any that lam aware of ; Gibson joined us ; he got into it the same as I did, I suppose ; Gibson was in our company at Kelly's Hotel, Hawera, on the Saturday ; we were in one of the small rooms ; Hunter, Zyleaki, Gibson, and myself were together; Hunter was the leading man, and he said we should go that evening to the Skeeb road and get a mob of cattle together ; he said to Gibson that he bad better go with, usj^ltj'son. considered for a while, arid^then said all right — he was •♦' gairje enough for anything ; it was arranged that we should go away, and not be seen together; I fancy Hunter and Zyleski live in Marton or Feilding ; they don't seem to me to have any home, not about this part ; Hunter is about my own build, only taller, very < square in the shoulders ; very red face, brown moustache, shaved all but moustache, reddish hair, head like a fighting man — pretty round, like a fighting man all over, a big fellow, pretty i good moustache, brown eyebrows, an ! ordinary mouth, no marks on the face ; I had been with him a good many times ; last time I saw him in Marton he was dressed in dark clothes, soft black hat ; Zyleski is a tall, dark fellow, with medium Bized black moustache, and no beard or whiskers, very black hair, peculiar walk,, very loose about the knees, shuffling sort of walk ; saw him first at Marton. The cross-examination elioited nothing of consequence. The accused were then cautioned and committed for trial at the next sitting of the Supreme Court at New Plymouth. Gibson was admitted to baU f ..w.hich was,, fixed at the same amount aVfbrnierly,