RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume I, Issue 28, 22 August 1868, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

/(Before J.L. Simpson, Esq., E.M., and J. F. Herbert, Esq., J.P.) Donald and Hugh Clark appeared before the Resident Magistrate and John Herbert, Esq., J.P., and surrendered to their bail. Constable Smith, being sworn, deposed that he had found the head and hide, now produced in Court, in prisoners' yard. The hide is branded F G, and both ears are forked. To-day, in company with James Garden, Andrew- Miller, and Geo. Cameron, I pointed out the calf which belonged to the cow, and identified the same. Cross-examined by Mr. Keen— l found the calf in prisoners' yard along with other cattle. lam aware that the women present at the time were the wife and sister of Hugh Clark. They commenced chaffing me. My impression is that the young; man drove the calf to {he yard. The prisoners were not allowed bail until the calf wsj produced. .1 went on the hills with Mr. James Robertson for the calf. My impression is that tho calf waa driven in. James Garden, being sworn, deposed— I lire at Warepa at present ; formerly I resided at Woolshed. I recollect, some six or seven years ago, James Watt bought from Mr. Gumming, forme, a cow, which was of a blue color. I branded the cow. If she had a brand on her when I bought her, it must have been very indistinct. She was between two ana three years old—my agent told me her age. I cannot tell how long it is siuee she was branded. Andrew Miller branded her for me, with F Or ; it may be eighteen months or two yean ago. lam sure she was branded, fourteen months ago, F G on the rump -I do not know which rump. Both ears- were forked. They were «ark«d at same tin*. The oow was

never sold by me to any one. She has been' running with my' other cattle .between Mount Stewart and the Molyneux. Barnes Watt looked after her for me. She was in his possession. She was delivered to me two years ago last July. The cowi had a calf about seven months after delivery to me. She had another calf — both disappeard about tvfo months ago. I made search for her and could not find her. She "was again in calf and near calving. I then received intimation from Police to .come and examine the hide. I saw the calf since I came to Lawrence. I saw the hide at the Police Camp. I identified the hide by the color, brand, head and ear marks. The head is that of my cow — I saw. my brand on it. 1 searched for both cow and calf, and found neither. I saw the calf on Monday last ; it was pointed out to me by the Police, and was near Peter Robertson's. I identified the calf by color, brand^and ear mark. All my cattle are branded F G, and forked ears. She was a quiet- cow, and I kept her as a milker. Cross-examined — I produce the brand with which the cow was branded. The brand on the hide was made by the brand produced. The iron has been always in my possession. I brought it to-day, I have used it for the last two years. By the Court — I purchased the cow some six or seven years ago. Watt had her from the time of purchase until within two years ago. He kept the cow for her milk. The hide produced is that of my cow. I know it by the color, head, and horns — a very good guide for me; James Watt, sworn, deposed — I am a farmer, residing at Tokomairiro. I recollect purchasing a cow from Mr. Cumming, for Mr. Garden, in November, 1861. She was a blue cow. Could not aay if branded when I bought her ; I did not see any. ' She was about two years old to the best of my knowledge. She had a calf at foot. She was in my possession until about two years ago. I was taking care of her for Garden. I milked her, and when dry turned her out on the run. She had several calves ; one of them died. I never missed her. The hide and head produced are those of the cow I bought. I know them by color and appearance. One of the horns droops a little more than the other. She would be about nine years old. I delivered her to Garden twelve months ago last June. There was no brand on her then — at least I never saw any. I never saw her •ince she was branded. Cross-examined — I did not brand her ; neither wag I present when she was branded. By the Court — I identify the cpw by color, head, and ear marks. It is not common to see a blue cow. She was a low set cow. The skin does not change color after being taken off, unless disfigured by mud. I had only one blue cow belonging to Garden. Andrew Miller, sworn, said — I branded the cow in question, and also her calf, with the brand produced, viz., F G, and fork in each year. Cross-examined — I swear the cow is branded G. Saw the calf this morning ; it is the same I branded. Constable Black deposed— I went with Constable Smith to prisoners' yards. Satt Donald Clark. Constable Smith said we came to look for the hide of the blue cow killed on the 27th July. We proceeded to the hide-house with the prisoner, and took from a heap the hide produced. Some conversation took place, and Clark said that is my brand. Constable Smith said it wai FG. Got water and washed the hide, and pointed out to Clark that it was an F. Clark then said that it was probably Foster's brand, from whom he bought them, and that he had the receipt in the house. When asked to produce it, said it was so long ago that he thought he had loslTit ; but if there was any mistake he was willing to pay Garden the price of the cow, or give him another equally good. On our way to Lawrence, prisoner told me that he was driving thirty head of cattle to Invercargill, and this blue cow broke away at the Ferry, and was afterwards running on Mount Stuart, and that he had made a mistake, and would rather pay £50 than have any bother about it. Cross-examined'— Miss Clark was present part of the time we were about the premises. Mr. Keen, in the course of his remarks for the defence, said if the cow which had been killed was not the one prisoners bought from Mr. Foster, they evidently, thought it was, the same one ; and if it was not, the whole matter was a mistake. Christina Clark, the. first witness called, deposed : lam daughter of Donald Clark, and sister of Hugh Clark. I reside with my father, and keep his house at Clark's Flat. I remember Constable Smith coming to my father's stockyard on the 27th of last month. There were a few cattle in the yard at the time. My father and brother were present. Smith asked my father which was the cow he was going, to kill. He replied, " The blue cow, theie." . Father then went round the yard in order to turn the cow, to get a better look at the brand. I heard my father remark that the brand DC was a little blotched. Constable Smith asked my father if the cow was op.c of his own. My father said, •' Yes, this some time back." Smith made some remark about the cow being fat. My father said, " Fairish," or something to that effect. I then saw Smith mark down some brands as he usually did, and after that he went away. I was present the whole of the time. I saw him go. away. He was not there above five minutes. I have related all I heard at that time. I recollect when he came for the hide. This was his second visit. I saw him at the door with another constable. My father was present, and I was at the door. 'I overheard Constable Smith tell my father that he wished to see the hide of the last red heifer that was killed. Father replied, " Didn't you see the hide before 1 " Smith said, "Yes, but I wish to Bee it again." Father went to where the hides were, and the two constables followed him. A minute or two afterwards he came to me for a bucket of "water. I followed him — as I wished to see what he intended to do with the water — to where the hides where. I then saw constable Smith handling the hide of the blue cow. I asked him what he wanted with the hide, as he had seen it before. He said, & man named Garden had lost a cow of that description from Mount Stewart, and he wished to see '"'the hide. My father said he brought this cow from Mount Stewart : ih« had been running there a

ong time. I saw constable Smith wash the brands on the right side ; he made no remark then about the brand. I looked at the brand. The C was quite visible, as I thought ; but the D was a little blotched.- Smith asked me then for a knife and steel, which I gave to him. I said to my father, " Your brand, which is DC, is on the hide." He said, " Yes." Constable Smith then turned the inside of the hide upward, and after cutting off part of the fat, he tried to show that it was a G ; but it appeared to me to be blotched. -Constable Black said, "What do you make of the F1" I said it was Foster's brand, which was on a cow of the same mob that I had been in the habit of milking, and which had been bought of Foster. I then said to my father, " You' have Foster's receipt in the house." He said he could not be sure : he had not seen it lately. Smith asked to see the head of the cow. My father went and showed him the head, which was near to the hides. They came back in about two minutes with the head. Constable Smith examined the head, and said it was just the one he wanted. He then asked for a bag to put the hide in, as the man who claimed the cow was in Tnapeka. My father gave him the bag. I said to my father, he might as well go in and see the man if there was a dispute about it. My father then went to the house ; Smith followed with the bag on the horse. I heard Smith say to my father, "If you have got that receipt of Foster's I'll take it." My father said he was not sure of it just now : he had not seen it lately, or words to that effect. That was all that transpired : they went away. From the time they went to the hide house to the time they went away they were never out of my hearing. I don't think anything could have been said that I could not havn heard while they were away for the head. . I am quite sure 1 have related all that occurred. In reply to a question put by Mr. Keen, witness said : I heard my father say, when I told him to see the man if there was a mistake about the cow, he would rather go and settle it with the man than have any dispute about it. Henry Angel Foster, sworn, deposed : I reside in Dunedin. lama carpenter. I know Donald Clark. I remember five years ago of selling him thirty head of cattle. They bore an F brand. (Brand produced and identified.) All had that brand. I bargained' for them myself. They were then in possession of Thomas Howarth, Green Island. I gave Howarth authority to deliver them to Clark. No one else had a like brand, to my knowledge. I was acquainted with the cattle. There was a blue cow amongst them. She was then about two years old. The cow was blue, mixed with red. (Examined the hide.) I believe it was rather redder than that. It is five years since I saw it. In my opinion the hide be«*rs my F brand. (Here the hide was examined by their Worships, and ordered to be washed.) The hide now before me bears my brand. My cattle were generally branded at Green Island, generally near rump, j said there was some red. The hide is dirty now. I cannot now see any red. By the Court : The cow, at the time I sold her, had no ear marks. She had horns, I cannot say what kind. I had two blue ones ; neither had ear marks. Both were sold to Clark. One was delivered, but the other was running on the Chain Hills, and could not be found. By the Court : My brand is a single F. j Thomas Howart deposed : I reside at Green Island West. Am a farmer. I know Donald Clark. I know Mr. Foster ; I have known him for eighteen years. Five years ago, I had cattle, his property, in my possession. I delivered at that j time, by authority from Foster, a mixed lot of thirty head to Donald Clark. ; There was a blue cow amongst them about two years old. She was branded with Foster's brand, with the F turned up. We branded them all with Clark's brand at my stockyard. About a month after delivering Clark's cattle, he called upon me to settle accounts. T asked him howhe got on driving his cattle south. He said, very well ; but one, a blue cow, had j escaped at the Ferry. He then told me | that he had not regained possession of her. I then remembered the cow referred to. I remember her now. . The cow was a blue one with white hairs. I When young she had a quantity of red hair, but afterwards turning into white. , Her horns were a little round, inclining inward towards the eyes. The hide now examined is similar in color. I will not swear positively that it is Foster's brand. I have had «, good deal of experience amongst brands. The F brand is pretty clear, but the other I cannot make out. I It appears to have been put on rather deep. > By Mr. Percy : The whole of the cattle were re-branded DO. and T cannot see it in the place where it should be. The F brand was on the near rnmp, and the DC was put alongside as near as it could be put. By the Court : I believe it was myself who branded her first ; she would be f.hen fix months old. I sold her to Clark when she was two years old. Brands, " unless faint, will last as long as the animal lives. George Sinclair deposed : lam shepherd at Maitland's, Clutha. I know Hugh Clark. I remember meeting him en Smith's run, Glencoe, about four years ago. He made enquiry o: me if I had seen a blue cow, branded DC on rump, at Mount Stewart. I told him I had not seen her. Some months ago, I saw a cow answering the description about a mile below Mount Stewart. My attention was called particularly by Clark if the brands were the same. That was four years ago. The brand was DO in my opinion. She was a blue and white cow, but mostly bluet She had very fine horns, turned in. I think I would know the hide. I am pretty sharp amongst cattle. The hide and head I will swear to. She had a heifer calf with her of a strawberry color. I took the brands for DC. I have not had a great deal of experience among brands ; but once I see a cow T will know Tier again. I went round her twice about six yards distant. I recollected what Clark told me- he wanted a blue covr, and I kept the matter in my head. The brand DC was not distinct. Mr. Percy said witness did not appear to know the head. Witness : I think I know the head as well as you, begging your pardon. Farther examined : I can't make onfc th* brand ; it was the hide, at all event*.

"This concluded the evidence. The Bench retired for a short period, when they gave their verdict. Mr Simpson said that, after carefully considering the whole, of the evidence, they had come to the conclusion that the police had failed in their case. No doubt the prisoners had killed a cow not their property, but that of Garden ; but there was not sufficient evidence to prove felo- • nious intent ; therefore the order of the Court was, that they be discharged. Thursday, 20th August. Garden v. Clarke. — Plaintiff brought this action against Donald and Hugh Clarke, for £30, being the price of a cow and calf. Verdict for plaintiff, £20, and costs of Court.