Untitled

Patea Mail, Volume III, Issue 308, 30 March 1878, Page 2

-CATTLE ; f, : ”'v:. As the report furnished • by our . own v correspondent of the chse Cl ' Whitcombe v J. Winks, which .was heard at Hawera, oh Monday the 25th instant, was scarcely so full as the. importance, of the case by representations- made) would seem to warrant, we have procured copy of the sworn evidence, which will be found reproduced below. , The case was heard before C. A. Wray, Esq., E.Mi Mr Fitzherbert, of Wanganui, appeared for the plaintiff, and Mr Boy, of Hawera, for the.defendant.-- . .. The defendant was.charged, on the in-; formation of Charles Douglas Whitcombe, Commissioner of CroWn Lands, Taranaki, with unlawfully depasturing cattle oh Crown Lands (known as. 1 the WaimatC Plains) without authority, viz:, 100 head on the 12th February, 1878, and-175 head on the 18th. Match, 1878. I; :-. ‘'.ij-.T. The ihfor'mation.hayingJt)fi.ihg read bverl to the defendant, he pleaded not guilty. Charles Douglas ' Whitcombe, being sworn, deposed : I am Cprhluissioner of Crown Lands for the Provincial District of Tax-aixaki (comrnisson produced). I produce notice of Mr Humphries' appointment as Chief Surveyor (Gazette produced). I produce plan *,of coniiscated land, duly cei'tified by the Chief Surveyor ; also Gazette notice, proclaiming District of 1 Middle Taranaki; also order by Taranaki •

Waste Lands Board, authorizing me to prosecute in this matter. The Waimate Plains are in the Middle Taranaki District, and are'shown on the plan. I gave instructions to Captain Wilson to impound certain cattle (176 head) off the Waimate Plains, Bnd this was done on Monday, the 18th instant. I saw Mr Winks the next day (i 9th March), about the cattle. He told me they belonged to Maoris. Patu Kopa was itientfphed. I -said this could not be, as Patu had see'n them being driven to'the pound. I put special damages on the cattle to find out the owner, and gave instructions (to pouridkeeper) accordingly. I told Mr Winks if they were Maori cattle, he dould not be -interested. He’ said be held ajP.NI- from the Maoris for them (the cattle). The next day (20th March) Mr Winks acknowledged himself the owner, and paid the poundage and driving fees. I saw the cattle in the pound paddock. The poundkeeper told me the brandy I did'not notice them myself. The special damages (claimed) were the amount of my expenses. I wanted merely to find out owner. The poundage took place under niy authority under : section number II (Land Act, 1877). The cattle were liberated on the Wednesday (20th March). Mr Winks acknowledged ownership. I told Mr Wjuks I.should have to take legal proceedings,' l and laid the information accordingly. If successful, I claim my expenses for prosecution. lam prosecuting on behalf of the Crown, under Seel 12 (Land Act, 1877). —By Mr Roy : I gave instructions to Captain Wilson' to impound all cattle near the Kapuni River (confiscated lands). Mr Winks told mo he had sold cattle to two natives, and had ; a P.N. for £2,000, I considered that Mr : Winks denied the ownership of the cattle (at first). Patu Kopu never claimed the cattle. Mr Winks (afterwards) told me that the Natives had cancelled the note, and he had resumed the ownership of the cattle. The poundkeeper was present. Ldid not notice the brands—this was done by others for me.—By Mr Fitzherbeft:. Mr Winks first said that the cattle belonged to Patu Kopa. P. G. Wilson, being sworn deposed : I am in charge of the Native Police. I recollect being, on the 12th February, in company with Major Brown, the Hon Mr Sheehan, and others, "on the'Waimate Plains. We met a drove of cattle in the Middle Taranaki District. They were being- driven to an enclosure by two men, John Jmy and' Richard King. They are in Mx*-. Winks’employ as stock drivers. I heard Major Brown ask the chief Manaia who the cattle belonged to. He said to Mr Winks, of Hawera. I received instructions dated the 14th March, from the Commissioner of Crown Lands, to impound the cattle, and on the 18th March, drove some off the Plains to the pound (at Hawera). I noticed Mr Winks’ brand, also a sort of pitchfork brand. I .met a native named Patu Kopu, when driving the cattle. I did not see Mr Winks after they -were impounded. Patu Kopu came to ,me and claimed them. He said the pound-keeper would not give them up. . The next day Patu Kopu came to me with a paper, signed bj l, Mr Winks, selling 300 head to the natives. I saw about 100 head on the Plains when with Mr Sheehan. . They came from the direction of Hawera. Mr Winks is a butcher and cattle' dealer, at Hawera. Mr Winks took charge ,of the cattle when they Were liberated; I was present. I believe Manaia'' lays claim to the land in question.—-By Mr Roy: The cattle were being driven into the enclosure from Hawera. Manaia said they were Mr Winks’ property. Patu Kopu came to claim the cattle on the Monday night, the day they wore pounded. He made no reference to Mr Winks. The poundkeeper w’ould not give up cattle unless ownership was proved. He.gave them up when Mr Winks proved his ownership The paper above referred to stated that cattle were sold to Patu Kopu and Manaia. Charles Brown, being sworn, deposed : I am Civil Commissioner, Taranaki. I know Waimate Plains middle Taranaki district. I recollect being there in February last with the Hon Mr Sheehan, Captain Wilson, and others. The other side of Kapuni we stopped to talk with Manaia. Some cattle were being driven into an enclosure seaward of the road, which was fenced in 1876. The cattle were coming from the direction of Hawera, and were driven into the enclosure. They weredriven by Europeans and Natives. A native told me the cattle were .Winks’. Manaia, who heard my question, repeated “ They are Winks’.” I should say there were about 50 head, but there may have been more. I did not see the brands.—By Mr Roy : I spoke to Manaia. I distinctly heard Manaia say they were Winks’. Had they .been his own, Manaia would have said so. lam certain that Manaia meant that they were Winks’ then.

Frederick Long, being sworn, deposed : lam a laborer, at Hawera. I know Mr Winks, and have been employed by him. I was fencing- and repairing fences for Imp naar the Tawhiti creek, and some on main road to 'Taranaki. He (Winks) asked me if I would go to work for Patu bn Waimate Plains. Mr Winks hired me and 'Mr Winks paid ■ me. ' I finished work about December;... I understood j I was working -fdriPatu. until Mr Winks said ,he; would pay me for the native. There were sheep and. cattle on the land, I do not know who the owner was. I know John Jury—he is in Mr Winks” employ. I know Richard King —he is in Mr Winks’ employ. Where I was working, on the Waimate Plains, I have seen cattle driven on to the land by Mr Winks.—By Mr Roy: Mr Winks asked me to work for Patu. I said 1 would, and did. I asked Patu for payment. He sent me to Mr W inks who paid me as agent for Patu. .

Stephen Adamson, being sworn, deposed: lam a stock driver at Hawera. I am in employment of Mr W. Bayley. I know Mr Bayley’s brand (pitch-fork on ribs). Mr Bayley has recently had dealings with Mr .-Winks; -The last lot delivered were 95 Mr.; Winks took dClivexy; I have seen the cattle in the pound. Some had Mr Bayley’s brand. There were;a good-few-with, it (brand). I know John Jury and Bichard King. "They work for Mr Winks. Mr Bayley’s cattle are all branded. It is within 3 months that Mr Winks last took delivery. Some of those in the pound were amongst those delivered to Mr. Winks.— Jsjr iVtr XHoyz I do not know exact date of delivery. There were no new brands on the cattle impounded. Some had an old brand (66) which was on before delivery to Mr Winks.

Charles Wallace, being.sworn, deposed

I arn a licensed Native Interpreter. I impounded cattle recently with Captain Wilson about five days ago, bn the Waimate Plains, near Kapuni river. Imet Patu Kopli,' He slood there as we passed! with cattle. ‘ He said, pointing to one, ‘‘-That one’s mine,” until he had countbd teri. He said, “ What about them ? There are ten of mine* the remainder belong, to Mr Winks.” I have not spoken to Mr Winks since I told Kopu to see Captain Wilson about-the teii he claimed.; , %j

John Jury, being sworn, deposed : I am a labored and have been in Mr Winks employ about 12 months. I recollect taking some cattle into the Waimate Plains for Mr Winks. Ido not know how many. I cannot say whose cattle they were, or where they came from. I drove cattle from Mr Winks farm. I saw Captain Wilson, and others, as I was driving the cattle. No one stopped me on. the road about the cattle. I did not speak to Manaid. Mr' Winks was-With us in rear.

Richaid King, being sworn, deposed : I arn a labourer residing at Hawera, and in Mr ; Winks’ employ for six-years. I- recollect going to Waimate Plains this year, with cattle. There were a good few. I took them from M rMilmoe’s ( Winks’ farm). I met Manaia. He helped us to drive the cattle' into ah- enclosure. -Patu helped. 'Nothing-was said'about the .ownership. • Charles Tait, being sworn, deposed ; I am.poundkeeper at Jrlawera. . I recollect 174 -hehcbof cattle being impounded on the 18th. Principal number pounded, were branded pitchfork,on-.off ribs--Mr Bavley’s brand. I know Mr Winks’ brand (W with half circle over top). There were a good many different brands. MrWinks paid the poundage fees. He came first to pay fees on Native’s behalf. I told him I would only release them to the owner. Winks paid poundage fees, and took them away (poundkeeper’s bookproduced)—“Released to Mr Winks, on payment of fees.”—By Mr Roy : The cattle were pounded on Monday evening. A Maori came first; and asked me how much there was on them. He said he was the. owner. His name is Patu. The next day Mr Greig came to release them, and afterwards Mr Winks. I refused to give them up, until proof of ownership. The next day (Wednesday, 20th March) Mr Winks came and claimed them, saying he had made an arrangement with the Maoris. He said he had taken over a p.n. from the Maoris. Mr Whitcombe told me to give them up to Winks. I gave them up to Mr Winks as the owner. Under Clause 7, Impounding Ordinance, I could only give cattle over to owner. John Black, being sworn, deposed ; I am Registrar of Biands. I copy, brands registered in New Plymouth. I know Mr Winks’ brand, W with half circle over .top. (Register produced). I don’t know Mr Bayley’s brand. [W. Williams was here sworn in as interpreter for witness Patu Kopu.] Patu Kopu, being sworn, deposed : I remember cattle being pounded recently. They were on this side of Kapuni. I did not speak to Wallace at all (when they were being driven to pound).—Bj r Mr Roy : ,1 have bought cattle from Mr Winks—3oo bead. I paid him with money —£2000 and £IOO. I did not give a p.n. for the amount. I bought the cattle when, the Native Minister and Major Brown were coining down the coast. I have to pay for them in ten months. I have paid part of the money. I paid £IOO cash, and have promised to pay the rest in a certain dine. I gave no writing. I saw cattle being ‘driven off the Plains. It is my land. •They were brought to Hawera and pounded. I claimed some of them as mine. I offered to sell them-to Mr Winks, and did sell them. There was no writing. The cattle belonged to Manaia and myself jointly. I did not say anything to the men when driving the cattle off Waimate. I merely said you are wrong.—By Mr Fitzherbert : Mr Winks never paid me any money at all. The cattle were all mine.

P. B. Cahill, being sworn, deposed : I recollect being engaged in driving the cattle to pound. Wallace was also engaged. I saw Patu Kopu. He was standing on this side of the Kapuni bridge. 1 saw Wallace and Patu at the same time. They were both conversing. lam positive they were talking to each other.—By Mr Roy : I did not hear what passed between them. Mr Roy then addressed the Bench in defence, pleading that the cattle were sold by the defendant to the natives. He then called the defendant; ‘ ■

John Winks, being’ sworn, deposed: I know • the cattle, the subject ,of the prosecution; Idp not consider they were my property at date on' which the information was laid. I had sold’ them to Manaia and Patu, The delivery took place in February, at the time the cattle were met by Captain Wilson and others. The natives gave me a p.n. for twelve months. I delivered the cattle to Manaia. They took delivery at Kapuni. When I saw that the cattle had been driven to the pound, I went to see Patu. He said the Cattle had been driven ofE without his knowledge. The first delivery of th e cattle was in December, at Kapuni—Bo head, and afterwards 169 head. The balance were delivered previously. I cannot produce the p.n. It is in Manaia’s hands. Manaia could not attend to-day, being ill. I have not.purchased cattle lately from Mr ! Douglas. Thave nb receipt-for the cattle delivered to-Patu. I did not know what Mr Whitcombe had come to Hawera for. I was told he had come about the cattle . trespass. No cash passed between the natives and myself on account of the cattle. I considered the cattle were out of my possession. 1 was willing to trust the natives for payment. I purchased cattle from Mr Bayley. in January. I intended to sell to the natives. The p.n. was dated about a fortnight after delivery. The R.M. gave judgment as follows :—' In this case, the plea set up by the defendant is, that he had parted with the ownership of the cattle to certain Natives, the consideration being a p.n. at 12 months, for £2,ooo—previous to date as laid in the information. The evidence, however, goes to show that the Natives themselves, up to the date of the impounding, treated the cattle as the property of the defendant. The evidence of the witness Patu Kopu, is most contradictory. On the whole, the Court must hold, considering the nonproduction of the p.n. and the evidence of the parties, that the plea is a mere pretence,. and that, in reality, the cattle were,. to allintents and purposes the property of the defendant. The defendant is therefore convicted, and, as a first offence, a fine of £5 and cost, is imposed. Fined £5 and costs £l9 11s.