HAMPDEN POLICE COURT.

North Otago Times, Volume XXXVII, Issue 8168, 24 April 1895, Page 4

HAMPDEN POLICE COURT.

(FKOM A COKRESI'OXDE.NT.) At the Police Court, Harapden, on Monday, (before Messrs Donaldson and M'Kerrow, J.P.s), Andrew Atchison and Thos. Murcott wore charged with the theft of two oxen, value LI 3, belonging to the New Zealand and Australian Land Company, at Moeraki station, on or about the 23rd October last. Detective OBrien con ducted the prosecution, and Mr Solomon, of Dunedin, defended tho accused. Constable Joyce took down the depositions. Evidence was given by Mr Pathello, inspector for the company, as to having purchased 5b steers from a Mr Wilson, of Burnside, in June last, and placing them on the Moeraki station. He had seen the cattle a few times subsequent to that, and believed the steer outside tho courthoase was one of the mob purchased from Wilson. To Mr Solomon: Would nob swear positively that it was the same steer. Thos Macaulay, manager of Moeraki station, stated that he remembered receiving the mob of steers referred to by the last witness. He had seen them in the paddooki three or four timos a woek, tad iQfUfitimei d»ily, Qae h&d. a

peculiar drooping horn. To tho boat of his belief, the Bteer outsido the court was one of the mob bought from Wilson. The skin in court was similar in color to the skin of tho stocr with the drooping horn. To Mr Solomon : Would not swear positively to either steer or akin. William P.iul, a shepherd on Moernki station, gave similar evidence. Six of tho steers woro missed on Oo'ober 2»tli, und four were found on tho 3rd of thn month following on Mr Andersons Imd at Otepopo, J?omo of the paddock fences were not very good, but tho boundary fences wero proof for ordin nvy c,\ttle. Wm. Walsh, a butcher, residing nt Shag Point, stated that ho met accused at Pukeiviti Hotel, near Shag Point, about the beginning of v ovembor last). Aitchison asked witness how he was off for bpef, " saying I will sell you two steers." Witness asked how much he (Aitchison) wanted for them, and wos told that LI per 1001b would satisfy him. Witness agreed to this, and it was arranged that the two steers should bo delivered at Kartigion the day following lie sent his brother to take de'ivery of tho steers. One of tho steers was slaughtered by him a few days afterwards, and the skin of ib was allowed to lie on the stock-yard fenco till it was takoa possession of by < otHtabh Joyce. Ho sold tho other steer to Mr (^oodliy, of Shag Point It waa tho one with the drooping horn that he killed. He met the accused (Aitchison) at Shag Point somo timo afterwards, and ho asked him if Constable Joyce had been enquiring about the steers, and said he wondered how tho police got to know it. He also said he had " nicked " six steers from tho Moeraki station, and finding that four of them were branded would have nothing more to do with them. Ho asked witness to help him out of the i rouble as much as he could. This witness gave his evidence very reluctant'y, and wns treated as a hostile witness. In reply to Mr Solomon, he admi ted that the magistrate* at Palmßrston did not believe him when giving evidence in a case some timo ago. Robert Wash stated that he took delivery of tho two steers from Tho?. Murcott and a man named Duffy at Knrtigi, and also gave evidence a* to some of the admissions mentioned by his brother. Alex. Goodlay stated that he purchased thn steer outside the courb from Walsh Bros for L 4. Ho afterwards sold it to James lloss, of Kartisji, for LI 10s. James Ross stated that ho bought the steer outsido the court from Mr Goodley for L 4 10s. John Wilson, working manager of the Hurnsido Refrigerating Works, stated thit he sold 58 steers to the inspector for the New Zealand and Australian Land Company in June last The mob were sent to Aloeraki station. He identified the steer outside the courb as one of the same mob. It had been about the place and under his oyo for two years. Ho had no doubt as to tho identity of this animal, from certain ppcularities about its head and neck. This concluded (he cate for the prose cuion, and Counsol briefly addressed the bench, frankly admitting that a prima facie case had been undoubtedly oMdo out ag.iinst accused (Aitchi-son), bub submitted with the greatest confidence that tho evidence did not dis close any offence as regards Murcotr, who, he snid, had no conuectiou with the .iffair any more than giving delivery of the cattle to Walsh, and that in doing this, he was an innocen a«enb. The Bench then retired .to consider their verdicb, and after a short retirement they adopted Mr Solomon's view of the case, and discharged Murcott, and committed Aitchison to take his trial at) the next sitting of the Supreme Court ab Uu tied in. Bail was allowed, accused in LSO and two sureties of LlOOeach. Great interesb was taken in the pro erodings, the court being densely crowded during the hearing, many beii q outside who could not gain admtsbion.