CHARGE OF CATTLE STEALING.

Thames Star, Volume XII, Issue 4054, 24 December 1881, Page 2

CHARGE OF CATTLE STEALING.

Himiona (Simon Williams) and Fiha (Fisher) were charged with stealing one cow, valued at £7, the property of John Townsend.—Mr J. C. f oung was aworn la ip apt as interpreter.—John Townsend deposed that he bad owned 3 cow which was running at large at Punri. Jt was

marked with the brand produced, and wa« of a red colour, with • slit in one ear, and a piece off the other. Until last Sunday he had not seen it for fourteen months, but had beard of it occasionally. On that day he went to Mr Comer's paddock,, Kirikiri, and found the animal he had described. In the evening be met Simon Williams on the new road near Kupata. On the following morning the two prisoners came to his shop, and Simon asked what were they to do with the cow. Witness told them they had better bring her to his paddock at Parawai, or lie would prosecute them. On Tuesday evening he saw them at the Furiri Hotel, and called to them, but they were with a crowd of bushmen, and would not come out. On Wednesday.,, the prisoners delivered the cow and calf at his Paddocks, Parawai. He valued the cow as it stood in Corner's paddock at about £3 10*: He bad never authorised .the prisoners to take her. To the Cerirt: He had brought over a mob of twenty-two rather wild cattle from Opani Point, and branded them with the brand now in Court. He only sold those delivered, so that the beast in question was still bis property. Since that date he had only seen it twice prior to Sunday last.—To Simon: He had promised to pay the accused for returning the animals to Parawai.—'Constable .Richard Staple ton deposed that he had arrested Fisher on Thursday morning on the charge ofstealing the cows/ He admitted telling the cow, but said, " I was drunk when I did. He signed my name to the receipt." Witness then locked him up. He arrested Simon near Puriri on the same charge. Simon said it was all a mistake; they had settled the matter with Mr Townsend. They bad given Mr Comer another cow in exchange for the one that belonged to Townsend.—Rateu Murray deposed that he knew the two prisoners. He remembered being in Mr Comer's paddock one day last week. He had gone there to look at the cow at Fisher's request to see whether it was his property. He found that it was not, and told Fisher so. Simon was present when he said so. Three or four days later he was at Verrall's Hotel with Mr Comer and the two prisoners, when Mr Comer purchased the cow from' Fisher. He did not then know it was the same they had asked him to look at, but had since ascertained it was. Mr Comer paid £3 to Fisher. He did not see Simon get any of the money.. He assisted in the transaction as a friend of both parties interpreting between Comer and. Fisher. To Fisher: I consider you the seller of the cow.—Bobert Comer deposed that he remembered the accused driving in a mob of cattle on the 6th inst. He purchased four of. them, and among the remainder was the 6ne in dispute. Witness gare them permission to leave the 'animals in his paddocks. On one occasion since he had Murray say he believed the cow belonged to Townsend. On the same day Simon advised him not to buy the cow, as he did not believe it was Fisher's, though he was not aware who owned it. Fisher '" told him that it had been running at Puriri for a long time, and belonged to him (Fisher) He was dealing throughout with Fisher, who represented himself as owner of the cow, but Simon and sometimes Mar* ray, who were acquainted with English, acted as interpreters: f When making the purchase in Verrall's Hotel, on the 15th instant, he cautioned Fisher t6 be certain that the cow was his,' and Simon aUo appeared to speak to the same effect, in Maori. He had learned from Townsend that the cow was his property, and promised to give it up. On Monday last the two accuseds came- to him and said they had made a mistake, and the cow was not theirs. They arranged to gire another, on condition, that he should allow them to take it away, to which he consented.—To Fisher: You were the first porson to offer the cow for sale. To the Court: He paid the money by cheque to Fisher, who signed the block in the. cheque book ; but as witness,was dissatisfied, Simon wrote the name of his companion, who appended his mark.—This was all the evidence.—The court said the case would have to be adjourned until / this morning- to allow; of the-prisoners statement being translated Sato JSCiori, and read over to him for hu/figMture. It was a moot question, whether, :in the caße of cattle straying for a number of years without auy apparent owner}' the act of taking possession 'would, amount to positive larceny. ■ ' ■ >;»