PETTY SESSIONS COURT, MATAURA BRIDGE.

Tuapeka Times, Volume II, Issue 84, 18 September 1869, Page 3

PETTY SESSIONS COURT, MATAURA BRIDGE.

(Before John Turnbull, Ciinirman, and Messrs. Hill. Campbell, Douglas, and M'Doimell, J.PA-) Septembee 7th, 1869. James Wybrow, half- caste, and William Curran, settlers, both of Toi Tois, were charged on the information of Alex. M'lntyre, Wauuthaka, with stealing one heifer under the value of £4, in the month of May last. A M'lntyro deposed — I am a settler at Wamahaka. I have about 20 head of cattle on terms with D. Sinclair, Toi Tois. I know a red cow, branded M on ribs, she is my property. I saw her about 16 months ago. She had a red calf running with her then, exactly like herself — it was mine. Mr. Brunton's shepherd told me he saw some men driving cattle near the Two Bush Ridge ; and as my heifer was not branded, I would be better looking after them. I went out with M'Kenzie, Mr. Brunton's shepherd, on the 14th June, and found the cow, branded M on ribs, and the heifer in dispute, with her running near Mr. | Brunton's paddock, and saw she was branded WC. John Sinclair then came up, and M'Kenzie asked him what heifer that was, pointing to the heifer in dispute, and he immediately said, " It's yours, Sandy." The head of the gorge is nearly four miles from where we saw them. There are no wild cattle in the gorge. I never sold her, or authorised others to do so. By Wybrow — I do swear the heifer is mine. John Sinclair deposed — I have the looking after of my brother's cattle. I know Sandy M'lntosh's heifer. I know where they and their mothers have been running since they were calved. They run between the Two Bush Ridge and Mr. Brunton's paddock. I saw them on an average about once a fortnight. On 14th June, my attention was called to the heifer branded WC, by M'lntosh and M'Kenzie. I said the heifer was Sandy's before I saw the brand. The brand would be on about three weeks then. I then made the remark that another heifer about her age, belonging, to my brother, which run with M'lntosh's heifer, might also be branded, and that I would see. I did go and look, and found her also branded WC off rump. I reported the matter to my brother, and we took the two heifers, with their mothers, to my brother's paddock, where they have been since.

M'Kenzie deposed — I am a shepherd of Mr. Brunton's Toi Tois. I know M'lntosh's heifer. In May last, I saw three men driving cattle on the Two Bush Ridge near Mr. Brunton's, going towards the Toi Tois. I informed M'lntosh of it, knowimg his heifer ran

near where I saw the men driving the cattle, and also knowing his heifer was not branded. M'lritosh and I went out on the run on the 14th June, and found the heifer, in dispute, branded with Curran's brand (WC off rump). John Sinclair came up at the time, and I asked him whose heifer that wa3, pointing to M'lntosh's heifer, and he said; " Why, it's yours, Sandy," meaning M'lntosh , I had some "cattle of my -awn running then, and had an opportunity of seeing M'lntosh's heifer almost every day ; or at least, once a week .CurHn told me he bought some cattle from young Wybrow (4 head) ; he described them to me. I know them all. This heifer is not one of them.

Joriathan Richardson 1 deposed — I am a labouring man. In the latter end o£ Wp»y, X went oat wifcli prisoner,

Wybrow, to look for a heifer of Curran's, as the prisoner, Wybrow said at the time, we did not find them the first day. We went out again and found her to the right of Mr. Brunl ton's paddock. Wybrow cut her out of one mob and put her into another, and then cut her out of that and put her in Curran's yard, and. branded her WC off rump, and ear-marked her at the same time. Curran was at liome at the time. An old man, named Jock Wilson, said to Curran in his house at the time, "Where is her mother?" Curran replied, and said, " She is up on the hill, and she will soon find her."

G. B. Purdue depose — I am constable of police, stationed at Tapanui. From information I received, I proceeded to the Toi Tois, and procured criminal summonses against the prisoners, from Mr. Brunton. I went to Ourran's house on the 18th August. "Wybrow was there. I said, " I have got summonses for you about those cattle of Sinclair's, which were branded by you." They replied, "We have been waiting for you a long time, and if you did not come soon, we intended taking out summonses against them for keeping our cattle." I inferred from that that they claimed them. I then served the summonses ; and on going outside, prisoner Wybrow followed me. I said to him, " What about those cattle, Jemmy ?" He replied, "We branded them right enough ; they were not branded, and we had as much right to them as anybody else. And now they are branded, who can swear to them ?" He asked me to register his brand. I took it from him. JW off rump with dew lap under throat. Cross examined— -Ton did say we would take out summonses against the Sinclairs, if they did not return the cattle.

The prisoners stated, through Curran, that he (Curran) bought a cow and calf from Campbell Brothers, Toi Tois about four years ago, and loat'her in the gorge bash, and that those heifers were her progeny. The^ Court was then cleared, and on the prisoners being brought in again in half-an-hour, the Bench sentenced them to six months imprisonment without hard labour in Dunedin gaol. The ofcher information laid by Daniel Sinclair was then withdrawn. '

Tiiere was two other cases heard of small importance.