THEFT OF CATTLE.

Taranaki Daily News, 25 January 1918, Page 8

THEFT OF CATTLE.

TWO CHARGES AGAINST A MAORI. ACCUSED COMMITTED FOR TRIAL. The hearing (if the case, including two charges of Kittle-stealing against Ngiitai l'erereka was resumed at the Magistrate's Court yesterday before Mr. A. Crooke, S.M. Sub-Inspector Button resented the police, and Mr. A. C. Laurie appeared for accused. The charges were that accused, on or about December 11, 11117, at Okato. did steal one steer and tlifee heifers, valued at .€'2o 7s (id, the property of N. T. Te Whitl; and also, on the same .date, two steers one heifer, valued at £1!) 17s fid, the property of Wi Kupe. It was agreed to take the charges separately. Nohomaiai'gi Te Whiti, a farmer, residing at Pungarehu, said in March and April last lie purchased, on behalf of his wife, 151) head of cattle at Rahotu and Okato. He took them to his own farm. He had the cattle branded. They were of mixed sexes. He remembered defendant coming to his place in August last and saying lie had a lot of grass on his place at Newali road, Warea. Witness arranged, verbally, to graze (10 head with defendant for three months for £2O. A deposit of £f> was paid. The GO head of cattle were taken a few days after the arrangement was made. Accused and Wi Patene drove the cattle away. Witness went away to Karioi about that time. On October 25 lie and his daughter went to accused's section and mustered the cattle. Some 38 were cut out and taken to Rahotu for sale. Five eattle \ "re found dead when the mustering was done. Seventeen remained on the section. The stock were running with accused's eattle. At the end of November.last he went back to accused's section, and they counted the stock together, and there were 17 head. No instructions were given to accused, except to look after the eattle. On December ID witness went back to the section, in consequence of something he had heard, and found there was no stock on the land. As far as he knew, accused still had possession of the paddock on that occasion. The fences were in good condition. On December 10 he remembered going to Mr. ("Jill's farm, at Carrington road, where lie found a steer with his earmark on it, and which he recognised as one that had been running on accused's section. On the 22nd he went to Mr. Greenaway's farm at Puniho, where he saw three heifers—one white, one blue and one yellow —which were the property of his wife. He last saw tho heifers at accused's section. No authority had been given to move the steer or tho three heifers from accused's section. He reckoned the average price per of the cattle was £5 10s. He never made a present of the cattle to accused. He was present when the steei at Mr. Gill'* and the heifers at Mr. Greenaway's were taken possession of by Constable O'Neill. Atiria Te Kahukoka Te Whitl, wife of the previous witness, gave corroborative evidence. Charles Fairbrother, auctioneer, deposed to selling the cattle at the Okato sale on December 11, on instructions from accused. David F. Greenaway, farmer, Okato, said he bought five heifers at the Okato sale on December 11, three of which were subsequently claimed by Te Whiii, and were taken possession of by the police. Patrick Carey gave evidence which corroborated that of the previous witness. Curlin Gill, farmer, Okato, said lie purchased 20 steers, two of which he notiCßd afterwards bore Wi Knpe's earmark. One steer had since been claimed by Te Whiti, and was now iu the possession of the police. Wm. B. Smith, farmer, Warea, said he was present at the sale, and saw the cattle sold. Accused told him he hud been instructed to sell some heifers for Te Whiti. Constable O'Neill, of Rahotu, gave evidence as to the identification of the cattle and the takiug of them into the possession of the police. Plain-clothes Constable Fitzgibbon deposed as to interviewing accused, in which he made a statement (which was put in) and signed it. He also gave evidence as to the arrest of accused.

THE SECOND CHARGE. The second charge—tlmt of stealing from Wi Kupe—was then proceeded with. Wi Kupe, farmer, residing at Pnngarehu, said he rented some land adjoining a section owned by accused on Newall road, W'area. In duly last he put 4:1 head of cattle on the section. He had ten cows there before that. In October he missed some stock. ' He went to see accused, who offered to buy two heifers and two steers, which were at that time on accused's place, for £l.". 10s or £l4 10s for the four, hut witness would not sell. He went again a week or two later to search for the cattle he liad missed. He saw two of his and the. bine one of Te Whiti's in his paddock. All the cattle that witness had on accused's section were marked with his own brand and earmark, and had no other marks. He remembered accused coming to his house on December 12 last and putting down .£lO on the ground.. He had no idea what the money was for. Accused said: "That's for the cows," and away he went. He had never sold him any cows or given him authority to sell any cattle. He remembered going to Mr. Greenaway's farm on December 22, where he saw a red heifer valued at about £4 10s. He identified the heifer as his property. He had given no one authority to sell the heifer. He remembered going to Gill's farm on December 20, where he saw two of his steers, which were identified by marks and brands. No authority had been given to anyone to remove or sell the steers. They were valued at from .€7 10s to £8 each. The fences between witness's and accused's places were go«'l. He never thought anything about the sale at Okato on December 12, He knew the cattle were now at Okato in the custody of the police. No fresh witnesses were called. The evidence given was mainly in accord with that given on the first charge. Accused reserved his defence, and was committed for trial on both charges at the next sitting of the Supreme Court. Bail was allowed accused in £25 and one surety of £25 in each case.