DROVER ON CATTLE STEALING CHARGE

Rotorua Morning Post, Issue 5303, 16 January 1947, Page 6

DROVER ON CATTLE STEALING CHARGE

STOCK DEAL AT TIRAU BEASTS SEMOVED TO CSOWN LANDS Lengthy evidence was taken 'n ihe Rotorua Police Couft yesterday on a charge of cattlepreferred against David tTames Hair, former farm manager and drover, aged 40. The charge related to the alleged theft at Tirau on November 9 of 40 Hereford bullocks, valued at £505, the property of the accused's former employer, Walter Vincent Burns. Detective-Sergeant A. J. White prosecuted'anddefenVlant,- who pleaded guilty and reserved his defence, was represented by Mr. J. D. Davys. The deal tha led to the charge was described by John D'onovan, stock agent, of Matamata. This witness stated that on November 8 last he saw Hair, who was then unknown to him, grazing 40 Hereford cattle on the road at Tirau. Witness asked if the beasts were for sale, and Hair said they were on the market, provided he could get his price. Deal at Tirau The following morning the cattle were inspected by Mr E. A. Neill, farm manager, of Tirau, and the latter bought 13 head at £13 and 10 head at £14 10s. Witn'ess made out the customary sale note, which was signed by accused, on behalf of the vendor, "G. H. Pa erson, c/o G.P.O. Rotorua." His head office took precautions in paying out on a new account, and in the meantime, the money was impounded. He was not aware that the money had been 'held at the request of the police. The principal witness, Wfalter Vincent Burns, company director, of Auckland, said farming was one of his many intei-es's. Accused was employed by him in September, 1944, as manager of his Sun Valley pi-op-erty of 2000 acres, and of another farm 48 miles distant, at Reporoa. Any stock purchases and saies were to have the approval of witness, and all transactions were ordefed to be put through stocks agents' accounts. Accused received notice of *.he termination of his engagement last February. At that time, the sheep and cattle had not been mustered since September. 1945. Witness said that he required accused to muster before handing over to the new manager. He agreed to do this, and witness also consented to his remaining on the property uniil the end of March. Tallies Ciot Correct When Hair left, the tallies of stock were not correct, aceording to the records, and he had no. carried out his promise to muster. Forty-eight cattle were missing, and several hundred sheep. Witness said he had never been aware that his cattle were grazing on property other than his own. Accused had no authority to dispose of the cattle in his own or in any other person's name, nor did he have a lien or claim over the stock. Witness had not received any claim for j approximately £320 from accused. j

To the Bench: The 48 beasts concerned in the charge were branded, but not wiih witness' brand. Counsel here protested that the witness would be in Australia when the Supreme Court hearing carne on. In reply to counsel, witness said that the farm was supplied Avith a truck and all expenses ineurred were chai-ged to him. Accused had never j tpurchased a car, so the provisional agreement for the payment of a car allowar.ee had never been completed. Witness had agreed to pay accused, i in addition to £8 a week salary, 29 . per cent. of the prctits, after allowing for all expenses and before taxation. He believed he had put that arrangement into writing. No Claim Received It was imcorrect to say that he had refused to reimburse accused's expenses when details were submitted. He had never received elaims totalling £320, supported by receipts. "I suggest to you," said counsel, "that you knew where the missing cattle were and in what condition t'hey were." Witness: I am not sure, but I believe they were on the Broadlands farm at the time. He would not agree, the witness went on, that the cattle were in a poor state, on account of the drought. He ' inspected the stock on numerous occasions. I Counsel: I suggest to you that you j arranged with your manager to talce over the cattle at £7 a head? — No. "How did it come about that you made no inquiry about the cattle until November?" — "I made inquiries." Witness added that he did not write

to Hair about the cattle. Hair had ignored all requests to hand over the stock book. He had made inquiries for accused in Rotorua, but could not find him, and he put the matter into the hands -of the police on July 3. Witness added that he had had no settling-up with accused other than the payment of his wages. It was incorrect to say that he had handed 40 head over to Hair on account of his claim. There were no prddts from the farm. Counsel: When did you last pay him for out-of-pocket expenses? — I paid him in cash. It was under £10, but Hair did not give me the promised receipt. Statement by Accused1 In reply to Mr. White, witness said that there were originally 42 head from Broadlands, but two were lost on the way to -Rotorua. He had tried to trace the stock through tKe agencies and in the course of his inquiries, he had found that Hair had sold sheep at Putaruru after leaving witness' employ, and he alleged that they tallied with the description of sheep missing from his property. Other witnesses were Charles R. White, secretary to Mr. Burns, Eric A. Neill, farm manager, of Tirau, and Edward Gillam, manager of the Loan and Mercantile Agency Co. in Rotorua. The lastnamed witness said he had examined the 40 bullocks at Tirau and he would say that 37 of thera were the same cattle as he had sold to Mr. Burns in June, 1945, on behalf of a Ngongotaha -owner. Detective-Sergeant White produced a statement made by accused on December 2, 1946. In this, accused had said the Sun Valley place was not stock-proof and that both properties were overstocked. When accused had

I protested that too many head were | being carried, Bums replied, accordj ing to the statement, that he had in- ; vested so much money in the places that they would have to be stocked to the limit. Accused accounted for the losses by deaths owing to the s'hortage of feed and to cattle wandering. No Personal Benefit i _ _ After leaving Sun Valley, Hair 'had added, he had sold 250 shep he had bought from a farmer at Edgecumbe, and trucked them to Rotorua. He said definitely that he had not benefitted personally from any saies while he was on Burns' property. At a later date, said witness, he had again interviewed accused, who declared that the cattle sold at Tirau had nothing to do with Burns. Accused was then told that the cattle had been identified as stolen. Accused read and signed a statement to the effect that there was a shortage of feed, and he had put some of the stock -on Crown land. He intended to return them at a later date, but he knew that if he returned them Burns would not take it the right way, and so he sold them. He expressed regret for his action. Accused entered a plea of not guilty, reserved his defence, and was committed for trial at the Supreme Court at Hamilton. Bail in accused's own recognisance for £100 and a surety lof a li'ke amount, {was renewed.