ALLEGED CATTLE STEALING.
JURY DISAGREE. [ The hearing of the charges of cattlestealing against Albert Charles Ogilvie, which was commenced on Tuesday, was continued yesterday, before his Honor Mr Justice Chapman and a conunon jury. Mr H- E. Billing appeared to conduct the prosecution and Mr P. O'Dea (Haweraj represented the accused. EVIDENCE FOR THE OROWN. Detective Fitzgibbou said he knew accused. On June 3rd and 4th last he was inquiring into the theft of Robertson's cattle at Opunake and Auroa. He returned to New Plymouth on sth, and found Ogilvie had been arrested. He told accused what he had been doing and also that he had traced another mob of missing oattle to his possession. These were Uttinger's, consisting of Holstein heifers and a blue bull. He asked accused if he had left any cattle about the Te Kiri district. He denied having ! seen or had Uttinger's cattle in h'ia possession and had no cattle about Te Kiri He told accused he had traced him having driven Uttinger's cattle to Campbell's farm.« He was present at Neilson's farm when Mr Harris recovered some of his cattle there a few days later. He did not know exactly where Harris lived, but knew Uttinger's place on Palmer tov.il. It would be from 17 to 20 miles from Harris' to Neilson's farm and to Campbell's bush farm iliout 3S miles. The route taken from Harris' to Opunakc would he by the Skeet road. On that route Loekley's place would be pawed. He knew Mr Robertson's place on the Oeo road, which runs up into the Skeet road- From there the track would be by the Patiki and Watino roads to the South road and thence to Opunake. Accused stated he was driving cattle on the Skeet road on May "25, Robertson's cattle were grazing on the road and got mixed up with his, and he could not separate them. He put them into Neilson s paddock, on the Watino road, with the cattle which he had been driving. "-It would be about 11 o'clock when he met the cattle on the roadside. It was near the Ngapera. road where they were picked up. To the Bench: He did not say whither he had notified to anyone that he had pick«d up strange cattle. To Mr O'Dea: Accused stated that *6me of.the strange calves were left on the Watino road. He did not say that he had left some of his own cattle at NVlson's farm.
Hector Segar. manager Pihama, Dairy Factory on the Skeet road, said he had known Recused by sight for the pa=f two years- He saw him cm May 25 last—a Saturday—between 7 and 3 o'clock in the morning. He was driving along the *Skeet road, towards Opu nake with a mob of calves.
To his Honor: There would be about 30 in the mob.
Continuing witness said he could not remember the description of the eatjita. Accused was alone and was riding a big bay horse. He had some dogs assisting him- He had no doubt as to the identity of the drover- Witness had been in the district for 11 or 12 years, but had only seen accused on rare occasions.
To Mr O'Dea: He had never been introduced to Ogilvie. He had spoken to him. The cattle were about half passed the factory when he saw them. Ogilvie looked towards witness.
Thomas Corrigan ; who said he was , nearly 15 years old. said he had known ', Ogilvie not very long. When he first) ] spoke to accused lie was driving calves • along the Patiki road about 10 o'clock in the morning. There would be about If!) or 40 in the mob That was a little , while before the court case against accused. There were some black mil , whites and red and whites and a few . Jersies, in the mob. They were going up towards thu mountain. Accused was on horseback and had two dogs assist- , ing him When witness caught up to , him accused said "Hullo, do yon know ] me?" Witness said "Xo," and accused ; replied that he was a brother of Bryan's, and witness thought he must be an Ogi l - , vie. He (accused) said he was going about a couple of miles along. They . went along a little way together, iuul while going one of the calves—a black and white one—knocked up. Accused . tried to get it up but it would not ga, - and witness put it in Mr Lock ley's paddock and accused said he would come back for it- All the cattle looked as , if they had come a long way At Hawera witness afterwards saw the calt he bad put into Mr Loekley's paddock. He saw some men driving the calves Hack past witness' place a few days later. They asked him to pick out the one he had put into Loekley's paddock. This he was able to do There was another mob with them, besides those he saw Ogilvie driving. He was sure accused was the man he rode along with. He knew his brother Bryan well. They went to school together. To Mr O'Dea: "He thought the cattle. all looked weary. He remembered saying in the lower court that some of them were frisking about- He was sure some of them looked very tired. Ha was sure accused asked witness to put the cnlf that knocked up in Loekley's ! paddock. When be saw them coming back there were other calve? different from those that went up with Ogilvie. He could recognise some of the calves as the same that Ogilvie was driving. John Neilsou, farmer, residing on the Watinp road, deposed that lie had a farm of 107 acres. Ho knew Ogilvie since he was a boy about 12 years. He let grazing on part of his farm at times Onilvie saw him about Mav 21st last about some grazing, which witness df/reed to let to him. No one else at that time was inquiring of witness for gracing. The atrreement for the grazing was made-.on Mav 21. Ogilvie had put about 25 head of cattle in for grazing about a week before then. He told witness he I brought some more along on tin 24th, I but witness did net see them. On that | mVh+ Ogilvie lo'd wtne=s he was going , te- stay in the man's cottage on the ffiTm Tt was about R n>iocl,- at ni'jrht | when he came there. He said he was i taking some of the cattle up to Mr CamnbelVs place on the -Sunday The Pnhner road sale was on the Frid.iv. Witness next snw accused about 10 SO on Saturday morning, when he had bronchi some more cattle in. By the tim» witness got over to where the cattle were the fresh one« were all mixed up with those that hud been there before. There would be about 65 head altogether. He toTd witness he had had some trouble with the cattle on the n-nd on the Fridav night and was bringing the rest, alona on the Saturday J morning. He said nothing about his l "attle getting mixed with another mob. He took about 30 away on the Runfciv. They would he wnsf.lv about I,S to IS
month"! oW •• WitiMs (Ijrl not taVp'partinilar notice of them. Ther were n mixed lot. Ogilvie had Teft witness'
place before nine on Sunday morning. Accused had a bay horse of his owi., but on the Sunc.i.,y witness lent him a grey horse because accused's was knocked up. borne of the cattle were, afterwards claimed by other people. Mr Harris got 11 of them, and Mr Robertson S. These were mostly calves, He could not swear whether they belonged to those put in the paddocks on Friday ami Saturday, or a week before then. Witness could not swear to having seen any of the cattle since then. The fences oa his farm were in good order-
To Mr O'Dea: He would nut swear that the cattle taken away by Harris and Robertson were those that Ogilvie brought there on the Friday and Saturday. Ogilvie told him that the cattle brought there about a week before were from Mr Fox's at Kapuni. Ho knew Fox was a brother-in-law of accused. Witness: had complained that accused was putting too much stock on the place. He understood that the stock taken away qn the Sunday were going to Mr. Campbell's place, He was not told that they were going to Fox's at Kapiiili. tie did say on the Friday that his cattle had got mixed up with others on the road. Ogilvie said he had trouble trying to cut them out and and list been able to get them separated. Ogilvie told witness he. was going to brii some cattle from Campbell's place. Accused had had the use of wit ss' grey horse on at least two occasions. He did not remember seeing a blue bull amongst the cattle brought by accused. He thought if there had heen he would have seen it. He could not swear where the cattle taken away on the Sunday morning were taken to, whether to Campbell's or to Kapuni. The lot he took away were mixed sexes and goodsized cattle.
Re-examined by Mr Billing: He vi jnt to fnctory on Sunday morning, and when he returned, about 9 o'eQock, Ogilvie had gone. The factory was about a mile from the Watino road, along the Eltham road. If accused bad gone ,to Kapuni with the cattle witness would likely have seen him on the way back from the factory. He did not see him, nor any cattle tracks. Robert James Morris, farmer, residing on the Eltham-Opunake road, said he had known accused about twe years. He knew Neilson's farm, and was there, on a Saturday in May last. He had 20 diiry cows grazing at Neilson's. He used to go about once a week to sec them. He would have arrived at the farm on that Saturday about 10 or 11 o'clock He met Ooilvie there, and gave hira a hand to draft some cattle They were a mixed lot of previous season's 'calve*. They sorted out the betterconditioned calves from the other. There were about SO or S7 altogether, and 30 or moie were drafted cut as better than the others. Those were put in a smaller paddock on Neilson's farm They were drafed in that way at Ogilvie's request. He could not say why he waii ted them separated. Accused said he had got them at the Palmer road sale on the previous day. He said nothing about any trouble with them on the road. Ho mentioned that lie was going to take some of them to Mr Campbell's farm- They were not knocked up, but it could 'be seen they had travelled. • Neilson's road fence could not be called good. To Mr O'Dea: He believed lie had sccui a blue bull amongst the cattle he and Ogilvie drafted. Accused told him he was putting some cattle on some turnips ho had at Fox's place at Kapuni. When he saw the stock again at Fawera he was not able to recognise anv of them.
Samuel Campbell, farmer, Pihama, said he managed a farm on the Ihaio road consisting of two properties of 400 and -21fi acres respectively. The? belonged to hi? son. and consisted of bush sections. Along the front there were two holding paddocks and a yard and a dividing fence running from the road right to the back of the farm. The road fence consisted of four barbed wires, in pretty Rood order. There was onlv one cattle pate. This wn-. made of'timber, and fastened by a chain and lock, and swung on iron liinees. There was no one livmjr within two miles of the olare. He had a wan workins there occasionally la?t May. M the time be bad some three-vcar-ohl steers, and two-vear, 18-month and vcarli;i<r heifer there—probably about 70 or 80 altogether. He knew Ogilvie very well, and he had often stopped at Jiis'plaee at Piha.ma. So far as witness knew about May last be was knock-ins; about the Opn'nake. district doing odd jobs- He saw Ogilvie about Mav IS last at the Farmers' Co-op. sale at Opunake, and he had some 17 oils head cattle for sale there They were not sold that day. and they wpn taken up to witness' place with some stock he wa* taking up. He bad -w permission to put any other stock on the place. He did not know whore the key of the crate was kept. He did not know if Ogilvie would know wliere it was kept. He might know, as he had been up there before. Witness had no conversation with accused about sending more cattle up thereTo Mr O'Dca: Ogilvie bad driven cattle for witness once or twice. Mr. Holmes (one of bis employees) was the person who bad any authority to put. cattle on his farm. Other people might put them in, but witness knew rothiiiK of it. Wr employed a man named McPhee. He, did not know whether lie was eccentric: he did bis work all right. Ogilvie had been working for the Cane Company, trying to sell milking machines. To Mr Billing: That would probably be in Mav last
Michael A. McPhee, said lie know accused a little before the trial in the lower court.. On May 14 last lie touk oattie up to Campbell's farm, and Ogilvie took some up with him at tb« same time. His were weaners ami verrlings. Witness brawled Campbell's j cattle that night, and Oailvie said lie j wv.ild put Campbell's brand on the vin-ht shoulder of hi? eat tie. Canipboll's cattle were branded on the rump. I Witness saw Ogilvie next on Sunday, j May 2(5. He saw a lot of cattle grazing' on the road in front of Bob Campbell's place. There would be about 40 yearlings, real good stuff- There were Jerseys Shorthorns, Holstcins, and a bine bull He saw no one with the cattle at that. lime. Witness was .going up '° Campbell's farm. On coming hack he saw Orilvie driving the cattle up the road Re knew Mr. TTobcrtson came up there looking; f>r some caitip he had lost. Later on i'i- understood another lnf wore taken on! and the detective asked witness to so down to Hie corner of the Thaisi road ami sea if lie coiihl identify any of them. Mr Holmes drove th-Mii and look them out another way "ml =o witness did not see them until ; the dav of the court case at Hawera, I where he identified them. Osrilvie had j T'ked witness to ertstemtc the blue bull. | Witness bad heard that Ogilvie knew I where the 1-ev of the ijnte was keot. I To Mr O'Pea: He had heard that Orxil-
v'e hnd lifted the gate off the hin™= wn before Wb<»n witness tool-: rattle up there he left his dog to brinj. up the
cattle while he went on ahead and <*ot the key mid had the gate opeii ready tor them. Witness denied having any feeling whatever against accused. Questioned as to how lie could identify the i cattle in liawera again, when other experienced farmers had not been able to recognise them, witness replied that lie | kept Jus eyes open and his brains about 1 him. Constable Lister, Kaponga, gave evi ' dence as to the arrest of accused on June 4, for the theft of cattle from Mr Allan Robertson. He stated at the time that the cattle had got mixed up with some he was driving the Skeet road about three weeks ago and he had not been able to cut them out, so took them to his farm, and they were there for the owner to claim. He* never mentioned the farms of Campbell or Ncilson. Witness understood accused was farming with Fox. To Mr O'Dea: The mention of "my place" by accused might have referred to the place where he had grazing. Emanuel G. Holmes, farmer, near Opunake, on the Opua road, said he knew Mr Campbell's farm on the Ihaia road, He was there on Sunday, May 20 last till about 2.30 in the afternoon. Witness did all Campbell's mustering and looking after the cattle. The gate on the was a gcod one, and 'was usually kept locked. On that day there were 2*l wearers, 32 2U,year steers belonging to Mr Campbell, 18 of Ogilvie's and B belonging to witness, on the farm. All the stock were behind the front holding paddocks. Witness locked the gate when he came out on the Sunday afternoon. He came down the Ihaia road on the way home. He met McPhee and also saw some cattle coming along the road. He could see no driver, but McPhee told him it was Ogilvie. He returned to the farm on the Monday morning and found some strange cattle in the small paddock. The gate had been taken oft' its hinges and was resting against the post to which it was padlocked. There would be about 30 head in the new lot, mostly weaners and Holsteins. Witness went up again whpn Alois Uttinger took delivery of 20 head of the cattle on Monday June 3. He took away a blue bull about 7 or 8 months old. He again saw the same cattle at Hawera at the time of the court case. Witness had been told where the key of the gate was when he took up the 18 cattle which had been put there previously. To Mr O'Dea: Cattle put on to that farm of Campbell's wove visually branded and if they got away it would be hard to rPMgnise them again. If it was desired to conceal cattle there it would be best to put them in the baek paddoeks. He had never had any difficulty in cutting cut cattle from his stock when they had got mixed up on the road. THE CASE FOR ACCUSED. Accused (Albert Charles Ogilvie) stated that lie was under engagement to manage a farm at Wanganui. Previoub to that he had been travelling for the Gane Milking Machine Company. The first time he drove cattle to Neilsona was about May 16 last when he took 2-5 mixed cattle from Fox's/at about 1 p.m. After dinner he went on to the Palmer road sale. He bought 12 head of young cattle, and after the sale he got eight more cattle from Fox's and proceeded with the lot to Auroa, where they were put in the saleyard overnight. He returned to Kapuni and stayed that night with his sister (Mrs Fox). Ho got up the next morning at about six o'clock. He got hi 9 own breakfast and took a cup of tea to Mrs Fox. He then went on his horse and went to Auroa arriving at about eight o'clock. He got his cattle and proceeded to Neilson's and on the way met a mob of cattle—over 30— straying on the road. They wefe galloping about the road. The weather was rough at the time. He cut out as many as he could, but was obliged to take some of them on as he could not distinguish them from his own. He. had been cutting out cattle all along the road and when he met the boy Corrigan the one lie cut cnt out then was the last.one. He did not ask Corrigan to put it in Lock-ley's paddock. He did not know Lockley, or which was his paddock. He simply left it on the road. He arrived at Neilson's about 11.30, and went straight down to the cottage and found Xeilson. He told the later he had brought some catle belonging to someone else, and that they were there if anyone came for them. Neilson complained that too many cattle were being put in, and witness said he would take some of them away. Morris came over then and they drafted out some of the cattle. On the Sunday, morning thosn he took away were we'll grown calves —S or 9 steers and the balance heifers. He proceeded down to the South road and then to Kapuni taking about the rest of the day. He put the cattle on the turnip? at Fox's, eventually selling them at Fox's clearing sale. There was no necessity for him to ask McPhie to cas'trate a bull. In fact he would have r-o one castrate his stock. He also had 16 heifers and 2 steers at Campbells farm. They were taken there about May 1.4. He knew Campbell's place very well and had driven stock there often. ITe drove two Jersey bulls and a blue bull for Air Campbell, tn his farm. He knew where the key oT Canrjiiell's gate was kept. On the Sunday referred to itwas a wet Jay and he did not meec many people on the road. He met a nmn named Sneller, who said he was taking over the position witness had held with the Gane Company and asked if he knew of any likely business. He told Neilson and Morris that ho had turnips at Kapuni. Whenever he put puttie in Campbell's paddocks lie always branded them. He would not think of putting them there without branding them.
Cross-examined by Mr Billing: Kapunl was about six miles from Auroa, Fox's farm of 220 acres was on the corner of the Palmer and Sheet roads. t At the back there was a road between Fox's and ft tinker's farm. He had been with the (jane Company from October, lfil", to March. 1918* During that time he ha* lived at Opunake- ITe got wages and expense. The cattle he took to Neilson's on May II), were seme he got by agreement from Fox. He paid £3 per head for them. He did not have them at Opunake. He had cattle at the Opunake sale on the 13th. He only took 2,"> from Fox's on May 1 Ot.li, and picked up .the ot.htr ei'jlii; on Friday 2-ith and took . them with those he bought at the Palmer road sale to Auroa, reaching there i about ;">..'SO p m. It was on the Satur dav morning, as lie was driving to Neilson's that he encountered the mob of cuttle that got mixed with his own. j They galloped out of the Ngopera road risrht into accused cattle. Witness did not think the Oeo road was opened right j up as far as Mr Robertson's. It might !' be, but he was not sure. Neilson waa mistaken in saying that accused stayed at his place on the Friday night, tta a.d- ---( niitted being there on the Saturday mof- ! ning. H- brought about nine stray oati tie with his own. It would be impossible . for him to get from the Palmer Toad sale yards to Neilson's farm on the FrMijy
night. Ho did not count the number lio cut out of tlio mob when they got mixed up. Ue was not interested in the other man's cattle.
To the Judge: He did not notify anyone that lie had the cattle because lie did not Jr-now to whom they belonged. He told Mr Xeilson about them. Continuing, lie said lie left them at Ne'lson's until they should be advertised for. Be picked tliem up only about a mile and a lialf from Air xVeiison's, and knew he could not be taking them very far away. He had not the receipts for the cattle purchased at the Palmer road sale, Mr Fox had receipts and would produce them. He could not say if the receipt included the 12 cattle he had purchased. The cattle he tooic from Neilson's to Fox's any of those lie bought at Palmer road. He did not 'ell the boy (Jorrigan to put the one calf in Lockley's paddocks. ' The Judge: You contradict the boy? --Accused: Yes.
Why should the boy come here and invent a story like that ?—I don't know. Continuing, witness said the calf did not fall down. It was a weak calf, and he knew it did not belong to him. He tried to cut out the cattle as soon as they got mixed with his own. On the Friday after going to Auroa, he got back to Mrs Fox's at about six o'clock or after. In going back from Neilson's to Kapuni on the Sunday he went by a different route so as not to get mixed up with the cattle again. He thought they might be stiK about, and had had enough trouble with them already. Accused denied that hi? horse was tired out, and that he had borrowed a grey one from Xeilson- He did not think he rede Neilson's horse on that day. With regard to McPhie's story that he saw accused on the Ihaia road on the Sun day, he said McPhie never, saw him on that day. It would be about May 14 that that incident occurred. Accused could offer no explanation as to how the cattle of Uttinger got up to Campbell's He was not on the road any time that week. He left Neilijn's about 7.30 on Sunday morning, and reached the Pal. mor road at about 3.30 -pm. It was at Kapuni that he met Snchar, who, he be lieved, was going to Kaponga. At that time he (accused) was not in the employ of the Gane Company except that he could sell machines for them, on com mission. Snellar wanted to know about th«> job, as he said there was a chance of his taking it on. Mr Billing then asked permission of the Court to put a certain question to accused, and the permisison was granted To Mr Billing: He had been convicted of theft on June 19, 1900, at New Plymouth, and had been sentenced to 12 months
The Judge: What was the nature of the theft'(—Accused: A postal packet. To Mr O'Dea: That was when ho was about 10 years of age, and he had never been before the Court since then Beatrice Louise Fox, sister of accused, said she remembered her brother sleeping at her house on Friday, May 2-1. It would be about 7 o'clock the next morning when ho went away. She next saw him about 4 o'clock on the Sunday afternoon, when he returned with a mob of cattle.
To Mr Billing: She did not know what happened to the cattle that accused brought there. They were sold at her husband's clearing sale in July. Thomas Snellar, salesman for the Gone Company, said he remembered meeting Ogilvie at Ivapuni on Sunday Mny 2(1. It was a wet day. Ogilvie was driving cattleTo Mr Billing: He remembered the date on account of the discussion they had about the Wanganui races, which had just been run. Francis D. Fox, farmer, said he had a farm on the Palmer road, Kapuni. Ho went to Wanganui races in May last. Ogilvie wan his brother-in-law, and he asked him to bo about the place as much as possible while be was away. He returned on the Monday night, and the next day he saw some fresh cattle on the plac.\ and they remained there till witness' clearing sale in July. To Mr Billing: He knew Ogilvie bought some cattlo at the Palmer road sale, because witness paid for them. This closed the case for the defence, and counsel tlren addressed the jury. THii SUMMING UP. His Honor, in summing np, said the jury had listened to the case very patiently and he did not intend to detain them much longer. They must be satised that a case was made out against Ogilvie before convicting him, and they must judgo of that by the evidence before them. He then referred to the Crown Solicitor's question as to accused's previous offence. He -said such a question could only be asked by the consent of the Judge. In ordinary circumstances such a question would not be allowed, but he had permitted it because accused's evidence was directily in contradiction to that of several reputable witnesses. However, they must not convict accused because of that. Referring to facts before the jury, his Honor said all the cattle had been missed on what might be called the same line of march and at about the same date.- Accused was seen driving cattle,_ some at least of which were said to correspond in description to those missed. They were also recovered at places to which accused had raaort. He said that he got som* tattle mixed up with his while driving along the road, and that he tried to cut them out but could not. That was some days before the end of May, vet. except for telling Ncilaon, he said nothing to anyone about the cattle before June 4.' 'He never told the police or telephoned to anyone in order to give the owner a chance to recover the cattle. Whether the accidental carrying away of the cattle was limited to one set of cattlo or to the three lots, the jury must, decide. In reference to the cattle recovered at Campbell's it was important to remember that cattle were put there on • the Sunday. The gate had been taken off the hinges. There was the eyidencb of McPhee who saw accused drivin'.: cattle on the road going up to the farm, and also that of Holmes, who foimil cattle in th« paddock on the following Monday morning, which corresponded w:th the cattle which McPhee fhw accused driving up the road the j,rcvious clay. Against this there was the evidence of Mrs Fox, who said that aceiwd was at i\apimi on that. Sunday afternoon with a mob of cattle. She fixed the dale by reason of her husband's absr.nce from liomi. Then* wa» another witiies.s who said he saw the man at Kapuni at about 2.80 on that Sunday afternoon, and he fixed the day by sum* cortVerwUiori he had with accused They were entitled to consider the possibility of these witnesses being mistaken in the date. They must he mistaken if McPhee's evidence was to De believed The evidence of Mr Fox was I simply to show that cattlo were on his ] place, at which Ogilvie lived, on tTie 'Tuesday morning which were not there i when he went away on the previous ; Thursday, and that the cattle brought there by aeeuted remained tag. •ome
time, until deposed of at his (Fox's) clearing sale. The -family evidence, his Honor said, was in the direction of establishing an alibi, but its conflict with other evidence must be considered- His Honor then referred to the evidence of ether witnesses, particularly that of the boy Corrigan, and also to accused's evidence, and urged the jury to thoroughly satisfy themselves that accused "had taken the catt't. before convicting him. JURY DISAGREE. The jury retired at 5.7 p.m. and after four hours' consideration the foreman reported ho did not think there was any prospect of an agreement. His Honor said that unless they could say definitely that there was no agreement he would have to ask them to retire further and consider once and for al! whether they could agree or not. The jury therefore retired again at 918 p.m. and returned in sovec minute* I stating that there was no hope of an agreement. Th« jury wa» then discharged, The Crown Prosecutor applied for a new trial, which was set down for the next sitting of the court at New Plymonth. Prisoner was released on the same hail as was required previously.
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Taranaki Daily News, 6 February 1919, Page 3
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5,266ALLEGED CATTLE STEALING. Taranaki Daily News, 6 February 1919, Page 3
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