HAIR ACQUITTED OF CATTLE THEFT

Rotorua Morning Post, Issue 5326, 12 February 1947, Page 5

HAIR ACQUITTED OF CATTLE THEFT

(Press Assn-

' ■» sun , valley case absence OF.CROWN WSTNESS CRITICISED

—By Telegravhr—xJopyright.)

HAMILTON, Last Night., After a retirement of three and a-half hours, a jury in the Hamilton Supreme Court to-clay returned a verdict of not guilty against Jarnes Davicl Hair, agecl. 40, married, drover and farm manager, who was charged with the theft at Tirau on November 9, 1946, of 40 Hereford* bullocks, valued at £505, the property of Walter Vincent Burns, accused's former employer. Mr. J. F. Strang* prosecuted, and Hair was represented by Mr. H. J. McMullin, instructed by Mr. J. D. Davys (Rotorua) . Associated with Mr. Strang -was Detective-Sergeant A. J. White (Rotorua).,. The Crown relied largely -on ya statement allegedly made and signed by Hair at Rotorua on December 23 in the presence of Detective-Sergeant White, in which Hair admitted taking the 40 head of Hereford hullocks from Crown land near Broadlands and selling them at Tirau for' £505, knowing that the animals were nc-t his property and that he had lio yight to sell them. The cattle were the property of Walter V. Burns, company manager, of Auckland and Australia, and owner of two large properties in the Rotorua ^district. Hair was his farm manager until February, » 1946. For the def'ence Hair declared he did not read the statement before signing it and that it was incorrect in essentials. Mr. Strang, outlining the case for the Crown, said Mr. Burns owned two properties in the Rotorua district — 1500 acres known as Broadlands and 2300 acres of Sun Valley. Both places were partly improved grazing areas, with some of the fences in poor order. About September, 1944, Hair was appointed manager of both places, and supplied with a truek for transport between the two farms. In March. 1946, Burns dismissed Hair and sold Broadlands. One, D. E. Aukl, was appointed manager of Sun Valley. In June and July, 1945, two small mobs of Hereford steers had been purchased, but in March, 1946, shortage s were allegedly found, and the police were informed. The present action was confined to ownership of the cattle. There was no action concerning any missing sheep. The cattle were allegedly sold by Hair at Tirau on November 9. Outlining the defence,. Mr. McMullin said Hair would repudiate his signed * statement to the Rotorua police. It we|; nc-t made on oath, and was made partly to shield Miss Paterson, who was also to receive part of the sale proceeds because she had not been fully compensated for her 18 months' service Sn Sun Valley. Evidence by aceused and three witnesses would given to substantiate a claim that in February, 1946, Burns actually gave the 40 head of Herefcrds to Hair to satisfy any claim for payment of extras and sundry outgoings, besides overtime and holiday pay. On®. February 12, two days after the agreement, Hair wrote to Burns in Auckland, but that le^ter was now missing. However, Hair had a carbon copy. When the deal was made the stock X'as valued at £320, the amount of his claim.' After g'iving evidence, Hair was clcvsely questioned by Mr. Strang as to various amounts of claims against Burns, his •employer, and of stock on the properties. Hair denied admitting -to Detec-tive-Sergeant White at Rotorua th/it the cattle belonged to Burns. Aceused maintained he had told White the cattle had belonged to Burns but at the date of sale they were his own property. To Mr. McMullin, accused said that after his agreement with Burns in February by which he received the cattle in settleikent of all claims he eontinued to work on the Sun Valley farm until the end of March, by arrangenfent. Supporting evidence was given by Gladys H. Paterson, housekeeper at' Sun Valley during Hair's regime as farm manager; Ivan C. Lawrie, exemployee on Burns' properties; and Norman Newton, bushworkerq Mamaku, and post-splitting c.ontractor on Burns' properties. In announcing- its verdict of not guilty/the jury added a rider expressing dissatisfaction at the absence of th.e Crcwn's chief- witness, Mr. Burns, in Australia. The case was dismissed and cthe prisoner discharged.