RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume I, Issue 10, 18 April 1868, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before Major Croker, R.M. ) Wednesday, 15th April, 1868.

Charles White was charged with feloni- j ously stealing a cow, surrendered to his bail, and was committed to take his trial at the next sitting of the Supreme Court. Ah Egg and another Celestial were placed in the dock for feloniously wounding a brother Chinaman. The complainant refused to prosecute, and they were consequently discharged. Cowie v, Rasmusson— Catherine Cowie, wife of James Cowie, of Wetherstones, charged the defendant with having, on the morning of the 14th instant, unlawfully and maliciously wounded a cow, her property, by firing a gun at said cow containing shot. The prisoner pled not guilty. After several witnesses had been examined, the Magistrate remarked to prisoner that maliciously shooting his neighbor's cattle was a very serious offence. He was liable to be sent to the Supreme Court, and the punishment would be a heavy one, although he had formed his own opinion on the matter. There was no evidence before the Court directly connecting the prisoner with the crime. He would therefore direct him to be discharged, and told him that if the police should find direct evidence to prove that he fired the shot, he would again be brought before the Bench. Thubsday, April 9th, 1868. Charles White, slaughterman, Waita huna, was brought before the Court on remand charged by the police with having feloniously stolen one heifer, the property of one John Lawson, of Tokomairiro. Mr. Inspector Percy conducted the case for the Crown. Mr. Keen appeared for the prisoner. | John Lawson was sworn, and deposed —I am a millwright. In March, 1864, 1 recollect purchasing a oow in calf, with calf at foot, of Mr. Dunbar, of Tokomairiro. The cow calved six or eight months after I bought her —it was a strawberry heifer. They were running with Mr. Cameron's cattle. Cameron told me that he had branded the .calf with his brand. I recognise George Cameron now in Court, as the person to whom I gave the brand. I never saw the. calf afterwards. From information I received I proceeded to Boult'i slaughter-

yard four or five weeks past on Monday. I saw a strawberry hide branded with my brand hanging on the rails in Boult's slaughteryard, and found it to be mine on examination. There was * also a brand on the hide— the A was a little blotched. As it bore my brand, I claimed it as my property. Boult was in the yard at the time. I left the hide ; then Boult and I went to the police at Waitahuna. I did not return to the yard with the police. The next time I saw the hide was two days afterwards in the possession of the police. (Here the hide was produced and witness said I recognise it as the same hide). Cameron, Boult, Constable Morkane, and prisoner, were present at the police camp and saw the hide. The prisoner at that time remarked that that was the hide of the heifer he sold to Evans, and pointing to the brand JL conjoined. He said there's the " C." I could not swear that prisoner said he purchased the beast from Chalmers. My brand was on near side. The brand TA was on off rump. I never sold the heifer or gave any one authority to sell the heifer. I believed that it vyw still running in the neighborhood of Cameron's until I was informed that it was in Waitahuna. Cross-examined by Mr. Keen — I never saw this heifer during its life. Referring to my brand, 1 asked prisoner if he called that a "C." He replied yes. I asked him what he made of the other part of the brand. He replied by saying something about two C ; s. 1 then asked liim why it was not sold under two C.'s. The tide is now in a very similar state to which it was then. Prisoner asked me if I would have any objection to have it soaked. I said 1 had not, if in the presence of the police. I know Evans, saw him to-day. Another time four weeks ago in Tokomairiro. In reply to Mr. Keen's question what passed between witness and Evans on that occasion, witness said Evans came down to see what was to be done in the matter. I told him if my request was not settled by Saturday 1 would take proceedings against him on Monday or Tuesday. 1 charged L2O as the value of my beast. 1 received Lls from Evans as price of the heifer and expenses. George Cameron, senior, dePosed — I know the last witness. I knew him to be the possessor of a cow and calf in 1864. They were running with my cattle. Mr. Lawson came to me to get the calf branded. I could not get them in at the time, but he left the brand with me. The calf would be about six or eight months old at this time. They were branded within a month by myself with the brand produced JL conjoined. I think the brand was on the near rump. I saw the calf frequently after I branded her. By the Bench — I knew it to be Mr. Lawson's calf, because he got the cow and calf from Dunbar. I know the mother, as Dunbar had purchased it of me. 1 sold it to him at the time he was working in Gabriel's Gully. By Inspector Percy : I recollect the sale of Mr. Chalmer's cattle in Tokomairiro in July, 1868, or about that time. I remember the cattle passing to the sale. 1 travelled with them two days before the sale. I was there partly to keep my own cattle from mixing with them. I examined them carefully, with a view of purchasing some of them. There were no cattle, to my knowledge, joined them. I was not present with them during the night to see if any cattle joined them. If the heifer of Mr. Lawson's had been in the mob, I think I would heve noticed it. I recollect seeing the calf not long after this sale, on its usual run. It was six months after that before I noticed the other brand. This TA brand was on the rump, where I put my own brand. The brand produced is the brand I put on. The heifer was never spayed. I examined the hide, and could see no spay marks ' on it. Never saw a pitch mark or brand upon the calf when running at Tokomairiro. The cattle of Chalmers', I saw after the sale, had not a pitch mark upon them. I knew some of Mr. Chalmers' cattle had pleura-pneu-monia ; and that was the reason 1 was so particular in my examination of them. I saw the hide first at Waitahuna in possession of the police, and in the presence of prisoner. I recognised it as the hide of Lawson's heifer. I heard White state something to the effect that that would be the heifer he sold to Evans. Never knew the beast to be ear marked. Alex. Cameron*, sworn, deposed : I am son of last witness ; also reside at Tokomairiro. Recollect Chalmers' sale, about the end of January last. I saw a man named Boult, and two others, driving about ten or twelve head of cattle in the direction of Waitahuna. I knew Mr., Lawson's calf from the brand JL, and subsequently the brand TA. It was a strawberry heifer, with a red neck. I always believed it to belong to one Gardner. I saw the beast amongst the mob Boult was driving towards Waitahuna. I asked Boult whose beast it was. He told me it belonged to Tom Evans. Witness examined hide, and said he recognised it by its color and brands. Never saw a pitch brand on the heifer. It was not ear marked. Alex. Armstrong deposed : I am a shepherd to Mr. Millar. I recollect seeing Boult and others driving cattle to- | wards Waitahuna. There was another shepherd with me — the last witness. Xsaw the heifer belonging to Lawson. I saw it before, running on White Hill. Had known it from May, '67 to January, '68. It was branded JL on near rump, and TA on off rump. The latter brand I had a little difficulty in determining. I took particular notice of the beast. No ear mark. Believe it was not a spayed beast. I recognise the hide produced by its brands and colors as being the hide of the same beast. Wm. Boult deposed : I recollect killing a strawberry heifer on the 24th January last. It was branded TA on off rump ; and 1 could not make out the other brand; it looked like two C's — not a brand I knew. I bought the beast of Thomas Evans, who resides at Waitahuna, in the gully. A person came to me and asked if I had seen a beast with | a brand JL. Lawson gave the hide in charge of police. After examining the hide, witness recognised the brand JL, which he had previously taken for CO. The hide is the same as when I parted with it. I bought six cattle of Evans, and that is the hide of one of the six. Cross-examined by Mr. Keen : Recollected looking for strayed cattlo on Mount

Stuart in January. I was accompanied by my man and another. There were cattle missing. The heifer in question was amongst those we brought in. She had a square tail. Branded TA ; brand blotch on near shoulder like tar. Positive that is the hide of the same heifer. The hide does not appear to have been soaked. Did not think the brand more distinct when he killed the beast than it is now. By Inspector Percy: The beast was between two and three years old when killed, about nine weeks ago. Thomas Evans deposed : I am a miner. Recollect on the sth of August looking at cattle Mr. White had for sale at Waitahuna. I agreed to purchase six of them. I went to see them two days afterwards, on the 7th August, when they were branded TA in Mr. White's yard. (The receipt of their purchase from White here produced.) Mr. White stated to witness that he had purchased them from Chalmers, of Moa Flat, at a sale at Tokomairiro, in July. I did not buy any other cattle besides this lot from White. I noticed the strawberry heifer amongst the lot I purchased. It was about sixteen or eighteen months old, of a whitish color, and red about the neck and head, and branded with my brand, TA, on off rump. Did not remember any other mark or brand. It was the youngest beast of the lot. These cattle were turned out of the yard. I went out and saw the appearance of them five weeks after I purchased them. I missed the one I have described as the youngest of the lot. I next heard that the beast had been seen, and was not well. I saw her on the 28th December, 1866, behind Rae's, Stoney Creek. I took notice it was my beast, branded TA. Saw oio tar mark on it. Sold the cattle finally to Boult six months ago, with others. I i recognise in Court the hide of the strawberry heifer I purchased from White, and subsequently sold to Boult. Saw the hide at Boult's after the beast was killed, and recognised it. White said it was the hide of one of the heifers he sold to me. Receipt presented to witness, signed by Charles White. The Company mean George Agnew. Agnew was present when the purchase was made. There are two Agnews. The young man is the Co., and he was standing bye at the time. I heard the heifer was claimed by another party. I went to Charles White's house, and told him I had lost the receipt of the purchase of the cattle, and asked him for another. He gave me the receipt produced. They were sold to me for breeding cattle ; and as they had no stock, I sold the mob. I paid money to Lawson, because it was made to appear to me that he had a prior right to the beast — that it was a disputed title. The sum I paid to Lawson I was paid by Boult. Gerrit Chalmers, Moa Flat, deposed : I remember selling a mob of cattle at Tokomairiro, aged from two and a-half to five years. All were over the age of two years. They bore different brands ; and were sold in lots. The lot sold to White, Waitahuna, were branded C on near rump, and Oon off rump. They also had an ear mark on off ear. 1 purchased them from Wilkins and Thomson. The 0 was the station brand, and the C was my brand. The ear mark was the station mark. They were fat cattle. (Witness examined hide in Court.) I find the off ear is on the hide : observe no slit in it ; neither is the station brand on the hide. Recognise none of Wilkins and Thomson's brands upon it. I knew a man called Draper. Saw him at sale referred to. He was in a noisy state when I saw him. He was censured by Mr. Power, the auctioneer. I found amongst the lot a cow belonging to Draper : picked it up on the road. I must have noticed had there been any stray cattle amongst mine. The fat cattle were sold as spayed cows and steers. Cross-examined by Mr. Keen : I swear that all the cattle I sold belonged to me. 1 swear that all the cattle delivered to purchasers at that sale were my property. Mr. Power gave delivery of these cattle in my absence. They were delivered after the sale. I received the money for them that night ; so I suppose they were paid for by the purchasers. There was no mistake as to my cattle which were sold at that sale. Mr. Inspector Percy : I might ask witness if he received any communication j from White regarding the cattle. Witness : I received a letter from Mr. | Charles White, of Waitahuna, on the subject of the cattle ; but I have not got it with me. J Constable Morkane : I am a constable of police, doing duty at Waitahuna. I saw the hide : it is in the same state as when I saw it before. Have had it in custody ever since I received it from Boult. I was present at the police camp when prisoner made a statement with reference to this hide. On the 3rd of March, Evans asked White if that was the heifer he sold him. White replied, " No ;" but it is the hide of the heifer he sold him. In asking him what he made of the brand on the near rump I pointed out to him. He did not reply ; but said that Lawsan could do as he liked, or something to that effect. He said he bought the beast under brand C at Chalmers' sale, at Tokomairiro. Thomas Meredith Smith, deposed : I am Inspector of Slaughteryards in the Tuapeka district. I saw prisoner Charles White, at Waitahuna. I told him I called to see Mm about a heifer sold to Evans, as Lawson. Tokomairiro, had claimed it as his property. White said all he could say was he bought it at Mr. Chalmers' sale at Tokomairiro. I then arrested him, and cautioned him as to what he might say. I asked him whero he had the receipt he got from Mr. Chalmers. He said it was in the house. I asked him if the heifer in question was one of them. He said it was included in the twentynine head of fat cattle bought of Chalmers. I afterwards saw the hide in the police camp. The prisoner was present at the time. I said it corresponded with Mr. Lawson *s heifer, the brand is quite plain ; he said it certainly looks like LP now, but the hide had been stretched. I have examined it and find no difference in it ; find no spay mark nor any other | brands but JL near rump and TA on off ! rump. The off ear is on the hide and whole, no mark or slit in it. Mr. Keen wished Constable Morkane re-called to ask him one question. Morkane said I had soaked in water the branded portion of the hide, but I don't think the brands more distinct now than they were before-.

Mr. Percy said this concludes the case for prosecution. Mr. Keen, in stating the case for tie prisoner, said that he (prisoner) had bought twenty-nine head of cattle in two lots at Chalmers' sale at Tokomairiro, and he (Mr. Keen) would prove that this beast i was one of them, that it was seen before the sale, during the sale, and after the sale. Mr. Draper called, deposed : lam a settler at Waitahuna. Know prisoner, remember being present at Chalmers' sale, Tokomairiro. Saw twenty-nine head of cattle knocked down to prisoner, they were in two or three lots ; they were all tar branded on the near shoulder before leaving the yard. I assisted Lees, Agnew, and others in driving them ove. the Tokomairiro bridge next morning. Prisoner was not there. Mr. Lees had some cattle there, the two lota were driven up together. There were several strawberry heifers at sale, and several were knocked down to Charles White. I could recognise the whole of the six sold by White to Evans as I have seen them often lately. I recognised that hide (referring to the hide in the Court), in the sale yard at Tokomairiro, as the hide of one of the cattle sold to White at the sale. That is the hide of one of the cattle pointed out to me between the 10th and 12th of August. I saw that same brand. The hide had the tar mark on it at that time. In the sale yard at Tokomairiro 1 noticed particularly the top part of the L in the brand was towards the rump bone not the tail end; the J was facing towards the head.- I took it at first for RL conjoined. After I had turned it round, I found it was a JL. I only found out this morning that it was aJ. 1 saw this particular beast knocked down by the auctioneer to White. The cattle after Evans bought them were running near Scrubby Point about the 10th or 12th of August. Six of the cattle had Evans' brand. I think it was TA on the off rump. The cattle were pointed out to me by Agnew as Evans's cattle on the 10th or 12th of August. I never had any cattle claimed from me as the property of others excepting a strawberry cow bought of Mr. John Treweek. It was branded by mistake with Mr. Treweek's brand and on Mr. Treweek's station. The mistake was found out on the station. George Agnew deposed : I am a butcher at Waitahuna, know prisoner, and am connected with him in business. I was at the sale of Chalmers' cattle in Tokomairiro. I remember prisoner purchasing twenty-nine head of cattle. I saw them before and after they were purchased, they had a tar brand put on near shoulder after they were purchased. Mr. Lees bought some cattle, Mr. Draper, Mr. Lees, and myself drove the cattle away on the following morning. There were some strawberry heifers amongst them. I think I could express a very strong opinion as to the hide of any,- of the strawberry cattle if I saw them. To the best of my belief the hide produced in Court is the hide of one of them. I remember White selling six cattle to Evans about three weeks ago, and this hide corresponds to one of them. Since then I have seen them three or four times. I once fetched the heifer up to Mr. Boult's yard as agreed with him for LI. To the best of my belief that is the hide of the beast I brought up. It had the tar brand on it when I brought it in. Cross-examined by Mr. Percy : The cattle were of a middling sort. The heifer would be from sixteen to eighteen months old when White purchased it. I saw three strawberry heifers in the sale yard, but I could not swear to the brands. I have been in partnership three years with White. I was his parner when these cattle were bought. lam White's brother-in-law. I recollect poiuting out the cattle to Draper on Mount Stuart, near Scrubby Point a few days after the sale ; they were then branded TA. James Treweek deposed : Remembered the cattle' sale in July, 1866. Remembered Charles White purchasing some cattle at that sale. Saw the cattle at Waitahuna, there was a tar brand on the near shoulder. They appeared to be sixteen to eighteen months old. Thomas Lees deposed: I remember th 9 sale, bought some of the cattle. Before White's cattle left the sale yard a tar mark was put on one of the shoulders. I assisted in driving them off the following day. There were strawberry cows amongst those bought by White, but I could not identify the hide of any of them. Mr. Keen said that was the case for the defence. The Magistrate said he would take time to consider the evidence, and would give his decision on Wednesday. He would take bail, but it would require to be renewed. Dr. Halley and Mr. Oudaille became surety for L2OO each, and prisoner L2OO.