ALLEGED CATTLE STEALING.

Taranaki Daily News, 5 February 1919, Page 3

ALLEGED CATTLE STEALING.

OGILVTE BEFORE THE COUR7 SOUTH TARANAKI CASES. In the Supreme Court yesterday, before his Honor Air Justice Chapman, a charge of cattle stealing was preierred against Albert Charles Ogiivie. Mr H. R. Billing prosecuted, and Mr P. OlDea (Hawern) represented accused. The charges were that ou or about May 25 last at Oeo Road, Auroa, accused did steal 24 heifer calves, of the value of £4S, the property of Allan Robertson, also that on or about the same date he did steal from Timothy Patrick Harris, of Skeet road, Okaiawa, 17 head of 10-months old cattle, valued at £7? ss, Mid that on or about the same date at ''ulmer road, Okaiawa, he did steal ID ■eifers and one bull from Alois Uttinger .iud Son, valued at £7O. Accused was ;ii?o alternatively charged in each ease with having received the said cattle, well knowing them to have heen dishonestly obtainedAccused pleaded not guilty. The following ;ury were ernpannelled: --A. B. Edgecombe, G. J. B. Russell, H. A Bowen, It R. Bloxam, W. S. Knuckey, J. C Bell. A. H. Ellis, L Deighton, 0. N. Johnston, J. E. Nixon, A. J. Gibbon, and L. L. Humphries. Mr Nison was cliotea foreman. THE CASE FOR THE CROWN, Timothy Patrick Harris, farmer, residing on the Ahipaipa road, about two; mites north of Okaiawa, said he alao had 5-0 acres nearer the Skeet road, divided into three paddocks. Therp was only one gate leading to the road. The fences on the Ahipaipa road were box-jhorn and hawthorn, with wires running through. It had been a cattle-proof fence. He had had the place 10 or 11 years. ' On the first Sunday in May last 302 calves were put on the 50 acre farm, and a few days later he put in 13 more. He took 8 out, leaving 207 in the paddocks. He visited them fairly regularly:He went away and returned at the end' of the month, and when he counted the cattle he discovered 17 10-month old cattle were missing. There were 11 heifers and (1 steers. One of the heifers missing wa3 an 18-months old animal. They were mixed breeds and were un branded, Six had been reared by .witness and the rest Purchased. The cattle belonged to witness and Ins brother Robert Win. Harris. Ho could not remember the description of all the eattle that were missing Witness searched for the cattle, and also advertised for them. He went along the fence and found a hole where the cattle had got through on to the road. The dry boxthorn which had been tied into the wire was pulled out into the paddock and the hawthorn pulled into the paddock. One root of hawthorn had been pulled right out Of tbe cattle left behind two were dead. One was stuck in the swamp a little distance from the road, and the other was lying in a ditch near the gate from the turnip paddock into the 2-aere paddock, with a big tear in its belly He could not account for the injury to the animal unless they had all rushed togethei and this one got pushed on to a fence post from which the wire 3 had been taken down. He found 11 of the cattle on Neils-en's fann on the Ratfki road, up towards the Mountain, about 20 miles from witness' place. Witness brought them home, and afterwards sold some of them. 'He found one other on Loekley's farm, on the Eltham road, at the corner of the Patilrf. The cattle were worth about £4. to £4 5s per head He knew accused, and had seen him at a sale at Okaiawa, prior to missing the cattle from his place. Accused asked him if the cattle on the turnips on the Ahipaipa road were his. He also believed he asked how many there were there. No one had authority to remove any of witness' cattle Accused at on 6 time lived about a couple of miles from witness' place. Two of the remaining cattle had neen paid for, and three were still unaccounted tor To Mr O'Doa: It was not unusual for. a drove;.- on the road to run iiiitf another mob of cattle oi. the road. When chat happens, it is sometimes difficult to get them separated. The fenrc waa the ordinary "Taranal'i" fenct:. On one occasion a cow 'had got through the fence. The gaps were filled up svith boxthorn, and eattie from the outside could knock it down and leave the gap open. He counted up the cattle about tared times s„ week. He found no -brands on tbe cattle, when he got them back. They were not in as good condition as when he lost them

Alois Uttinger, farmei, residing at T*»liner road, said he with iris father occupied a farm of 228 awes In May lasthe had iiboiii 20 cows 22 yearlings, 24 calves, and S horses The calves were about ii to (0 monthi; old. The weaners were nomet-imes in a back paddock In May la-* they lost 19 heifers and a onll. mostly Hoi stein, 6, .lersev and the hull was partly Hoktein These would be the vTeaners Just prior to losing them they were ir the. hay paddock on the Kokere /oao There were hoxtliora fences aloii;i thai road Hi? plac-s was aboul a mile from Mi Harris', and about tie same from the ■fsV..»ei, road It wis about May US when he missed the cattle. He found the gate on the Kokere road 1 , which led into the hay paddoek open No other cattle had been in the paddock the previous light, and the gate vfas always kept shut- He inquired about the missing cattle which were not ma-'ked or branded The missing rattle were ail found on Mr Campbell's farm on June 3. on the Ihr.ia road, leading up from Opimako to Mountain. There were other car lie aboui. the same age on Mr Campbell's farm. The place was about 30 miles from witness' form They were worth about £3 10s each. No 01:2 had anv authority In remote the cattla from witness' paddock.

To ilr O'Dea: He Am not know «e----("i-'-cd, ana had never sow ?'.;t lie Tors >''? had no experience of mobi of rattle treitin? mix*<i >:p *>a i-'w w;! He. war, sure it wsw Sal.-.irchnv May 13 when he mode leyrsiin the cat lis wen- nii->s!nf; There '."re r-o marks <>;• 'brands o« I'ie cattle when he got Ihem back ajrain Ther were away about nine, (lav* There won three .fffttc froiri (fitness' farm os to the roads around the farm. The gai ß ■ lie found open wra a "Taranalci"' gate. It was about half or.en when witness dis,.,.v,.rpd it in looking for tif missing cattle. Kc-e'rs-mined by Mr T?il!in«: Be did not think the weancrs m the p?ii<iook h°.d knocked the pate down. It was a new <jatr- and fastened securely. Allan Robertson, farmer, rssidinp on the Oeo road said his place was about 14 miir-3 from Okniawn His farm was of 277 acres. In May last he. had about SO head of dairy cow?. 24 waiiers. :-everal sheen and n good nrnnber of horses. The weaneTt were in the front paddoek on fbe Oeo road. There were no other Cattle in the same paddock. Only one vt them had an ear-mark, and none, of

them were branded. They were all reared on the farm

To the Bench: They were not given to wandering away.

To Mr Billing: He could easily recognise the cattle. He saw them on the afternoon of Friday, May 24, and missed them the next morning. There was a four-wire fence along the road line, which was in fairly good order. He tracked them on to the Skeet road, from the place whois 1>» thought they got out of the paddock They had gone to the Skeet road and in the direction of Opunake He hunted for them and eventually found them on the Thaia road, about eight or nine miles along on Mr Camp'bcll's farm There was plenty of feed in the paddoek from which the cattle got out. There were otrfrr eattle with them at''Campbell's, hut witness was' able to sort his out as> soon as he saw them. Sixteen were found n,t Campbell's and the others at Mr -Wilson's farm- They were a mixed lot, the majority being Ayrshire crosses. The fences at Camp- ! ~)!•» -were in »oort order, and the gate

had been lifted off its-, hinges. At the opening end it was secured with a chain and padlock. The 'cattle were worth about £? per head at the time they were missed. No one had any authority to take them away. To Mr OT>ea: He had known the accused for several years. He did not see the cattle taken away. There was one. ■weak spot m the fence, and it was through that place he tracked the cattle At this stage the heaTing was adjourned till 9 am.to-day.