CHARGE OF CATTLE STEALING

Taranaki Daily News, Volume LIII, Issue 224, 27 January 1911, Page 3

CHARGE OF CATTLE STEALING

The following further particulars in the cattle-stealing case which was before the Opunake Court of late are from the Opuna'ke Times' reportsAlbert E. Madgwick was charged with the theft of four head of cattle, valued at ,t ! 32, the property of Mrs. E. Dew. Mrs. Dew deposed that she had two farms, one on the Tipoka road, where she resided, and the other on the Kahui road. Wanting a man to look after the latter, she advertised, and in answer to the advertisement accused was engaged on July 5, 1910, at 30s per week and foun'd, and remained in her employ until October 10, when he left of his own accord. She authorised him to sell and buy cattle on several occasions, telling him when selling to sell at market value, and if they did not bring market value, or near it, to bring them back. All the proceeds of sales made by accused on her behalf were paid into the bank to her credit by the auctioneers. When accused left on October 10 she'told him that as goon as she got her store bill and saw what he had got she would settle with him. She finally settled with him on November 4 and gave him (cheque produced) £2' Ms. ' Accused on this date made no mention of having sold any cattle privately on her account. Had never given accused any authority to'sell cattle privately on her behalf, either while he was in her employ or after. Had not given him any authority to sell cattle to Fred Kahui, In consequence of information received she went to Puniho or December 4 and saw a strawberry cow, with her brand on, on Mr. Grcenway'a property. The cow was her property, and she valued it at' £lO. On the same day she went up the Puniho roady to Mr. Sole's place, and there saw two blue and white heifera, which had her band, and were her property. She valued them at £0 each. On December 5 she went] to Mr. 'Duggan's, on the Kahui road, and saw a red-and-white cow branded "C O," which was her property, and she valued It at £ 10. The two cows and two heifers now produced outside the -courthouse were the same and were ber property. These cattle were running on her section, Kahui road, in October last. Fred Kirk deposed: Commenced to wortc for Mrs. Dew on October 10, the day accused left her employ. On October 13 went to the Kahui road section to look round and see what cattle were there, and bring out some springers. Saw 28 head on the section at that date. The two cows and two heifers now outside the courthouse were among the 28. Did not bring any away on that date. Visited section again on November 7; counted cattle aiid found four short. The two cows and two heifers now produced were missing from the paddock. By the Bench: The two cows and two .heifers now produced were missing when I counted them on November 7. !

Fred. Kahui, settler, Rahotu, deposed: Saw accused at Rahotu on October 24, when accused told him there were some cattle in Mrs. Dew's place for sale. Accused asked if he would go op with and have a look at them. Said if thcrt was anything cheap he would go. He went, and they were accompanied by Manu Mitchell. Accused mentioned something about the key of the gate being left at home.' At accused's request assisted him to lift the gate off its hinges. Accused sorted out four head of cattle, and he and Manu Mitchell helped to drive them' out on to the road. Accused said they were four heifers. Manu Mitchell drove the four head to Rahotu, and he and accused and two others rode on down behind. That evening bought the four head from accused, who told him ho was selling them on behalf of Mrs. Dew. Cave im ,t!) for the lot (receipt produced). The two cows and two heifers now outside the Court were the cattle he bought from accused. I William Kelly, constable, Rahotu, deposed: Accused called at the police station on December 1> and saw witness. Accused said: "What is this I hear about Mrs. Dew's cattle? They say I stole them and sold them to 'Fred Kahui." Witness replied that he did not say he stole them. Accused said he wanted to tell witness all about them. After duly cautioning him, accused made a written statement (produced):—"! was manager for Mrs. E. Dew from July 8, 1010, "to about October 10, 1910, during which period I had verbal authority to sell and purchase for her, to the best of my ability, cattle or horses. I have sold between 40 and 50 head of cattle and three horses, and bought about 20 springing cows, which she said she was well pleased with. I purchased seven cows at T. Simpson's sale, Kina road, Oaonui, through the Loan and Mercantile Co., Hawera. I purchased 11. cows at Mr. Grey's sale at Oka to, and on the following day I purchased three cows at Mrs. Judge's sale at Warea, and I purchased one Jersey bull from W. Linn at the Rahotu sale. I cannot remember the exact number of cattle I sold altogether on Mrs. Dew's behalf, but I sold all the cattle on her behalf by public auction, with the exception of four cattle which I sold privately to a half-caste named Fred Kahui for £9. I spent the money as I was short of cash, but intended to pay Mrs. Dew the full amount I received for the cattle as soon as I bad it. I am now willing to pay her the money tomorrow, December's. I have not seen Mrs. Uew since I sold the cattle for her to Fred Kahui. I asked her present manager, Fred Kirk, if the cattle missing were the ones 1 sold, and he said they were not. .(Signed) A. K. Madgwick." Mr. >Spence said it was not denied that the cattle were sold, but they were sold openly on behalf of Mrs. Dew, and the redress for the proceeds was by civil process. He would like an expression of opinion from the Bench as to whether they thought there was a case to go to the Supreme Court, before he called any evidence for tho defence. The Bench retired, and on again taking their seats stated that on the evidence they considered there was a case for the higher court. Accused reserved his defence, and was; committed for trial. Bail was allowed and was forthcoming.