ALLEGED CATTLESTEALING.

Wairarapa Age, Volume XXXI, Issue 3042, 12 November 1908, Page 5

ALLEGED CATTLESTEALING.

THREE YOUNG MEN ACCUSED,

CASE NOT CONCLUDED. Before Mr W. P. James, S.M., at Masterton Court, yesterday, Frank Carr, Gilbert Langdon and Clifford Jackson, were jointly charged on remand on live informations with the theft of cattle, as follows: "On or about October 9th, 1.908, aid commit theft of one bullock valued £;3, the property of W. and H.

Beetham. "On or about; October 2?, rd, at Weraiti, did commit theft of 21 bullocks of the value of £lO5, the property of W. and H. Beetham.

"On or about. October 9th, at Weraiti. did commit theft of four bullocks of Urn v:,lue of .£2O, the property of William Henry Garrett.

On October 10th, 1903, at Weraiti, did commit theft of four cows of the value of £l9, the property of John MacKae. "On October 24th, 1908, at Weraiti, did commit theft of three bullocks of the value of £ls, the property of John Macßae." Carr was also charged with having received most of the cattle at Ormondville. knowing them to have been stolen. Inspector Ellison conducted the prosecution, Mr P. L. IP.llings appearing for accused Langdon, and Mr C. A. Pownall for Jackson and Carr. Mr Rollings intimated that his client intended to enter a plea of guilty. Mr Pownall said that if the three informations were to be heard together he had no objection, provided that such a course would not prejudice the right of his clients to be indicted separately, and that statements made by any of the accused would only be a'dmissable as evidence against the accused who made it.

His Worship said the taking of joint depositions would not affect the right of the accused to be separ?tely indicted.

Inspector Ellison, in opening the case for the prosecution, stated that it was intended to urocved jointly on two of the charges for ths sake of convenience in the depositions. It was alleged that most of the cattle were driven through .Vasterton, arcl trucked away to Ormondvilie, the balance being now confined in a salevards at Masterton. H? col Jed-

Ralph Roger Beetham, son of Hugh Beetham, one of the proprietors of Brancepeth station, who had charge of the station, which adjoined To Parae. Two paddocks or. tli-.ec stations were adjacent to one another, and each was conveniently situated to the road. There were a large number of cattle grazing in a 500-acre paddock adjoining Te Parse, the number of cattle in this paddock up to about the 9th of October being about 50 bullocks and 35 cow?. They were all branded with the Brancepeth brand, which witness sketched on a slip of pap?r. On Tuesday, October 20th the cattle w; re courted, wl en it was found that idne we-e mi-sin;.;, a least four be : ng brdK::ks, !:• e being found dead. it was a cor, i crable time—about t vo months -betere the cattle had previously been checked. Other cattle were put in on the 22nd October, making altogether 84 head. |On Friday, 30th October-, the cattle were again counted, when 21 were form* *o lio "V'ssi""-. T»e chttlO p ui In on Ifa 22'TVeIe n hr ™tes> Witness later saw one of the cattle in' a bulla .k wiggon in a paddock belonging to the Hawke's Bay Timber Company, at Taihoraiti. WMnrss want witil the police to see tiv-se

cattle. He also saw a bdbek :<t ihe Waipoua saley:.:d?. Mav.ertov, in the possession of tb: p>! ; '\ which was missed from ti.o e-Lnii.n. It was quite from one paddock to the uthyr at Te Parae. Witness saw another batch of eight of the cattle in a clump of bush about three miles from Norsewood, the property being, witness understood, in the possession of a person named Cair, the police accompanying witness, the visit being paid to this place on Sunday, November Ist. The cattle were removed to Ormondvilie, and witness saw them again yesterday in the Waipoua saleyards at Masterton. None of the accused nor anyone else had authority to take the cattle from the station. Witness saw nine more of the cattle between Ormondvilie and Damievirke, these being straying about and having found their way into a dairy farm. These were now also in ihe Waipoua yards, a constable having taken charge of them. Three more cows were seen by witness in the possession of Constable McLgoi, at Ormondvilie, and another at Manaia, near Masterton.

By Mr Hollings: Langdon's parents were known to witness as respectable people, they being in the employ of Mr Williams, of Te Parae. William Henry Garrett, settler at Taueru, said he owned a number of working bullocks. Four of these were running on Te Parae station on the Bth of October. Witness last saw them on the evening of the Bth, at about 5.30 o'clock. On the 21st October witness again went to see them, and found they were missing. Witness next saw three of them on Saturday, 31st October, at Dannevirke, in the custody of....the police.

They were all branded, and witness described them. Witness trucked the cattle back to Masterton. No one had authority to take the cattle away. John Macßae, of Weraiti, stationholder, said he missed eight cattle from his property on the 10th and 22nd October. Witness later saw either the cattle or their hides at No one had authority to take the cattle. Guy C. Williams, one of the proprietors of Te Parae station, said that after hearing about other cattle having been missed by Garrett and Macßae, and having heard about

cattle being driven over the bridge, witness had a tally taken of their cattle. Three, so far as was known, were missing—all cows. A cow now in the Waipoua yards was one of the missing animals. A hide which witness had seen in the possession of the police witness believed was branded with his brand —the brand was somewhat blurred. The cows were worth two or three pounds each. By Mr Hollings: Langdon's father had worked for accused for about three] and a-half years past, and was a thoroughly trustworthy

man. By Mr Pownall: Langdon, senr. r was head stockman, and looked after the cattie, living on the property with his wife, about four and a-half miles distant from the cattle paddock, ' The house is on Te Parae station. Te Parae comprised 24,000 acres. Accused Jakson had given witness, Mr Beetham and accused's father a full detailed statement of his connection with the matter, stating that he had met accused Langdon and arranged to go out and stay with Langdon's people for the night. They went out by the Taueru road, and when they got to McHattie's mill site Langdon said he had to lift some Te Parae cattle over Weraiti road, and asked Jackson to help him. Jackson said, "Certainly," and they rode across to the Te Parae property. Langdon told Jackson this, according to the latter, on two occasions, on one of which they took cattle out of Beetham's property, and on the other 16 out of witness'place. Langdon went and opened the gate on the two occasions, Jackson standing on the road. When the cattle came out of witness' paddock on one occasion, instead of turning through the gate and going along the road they ran across to an open paddock on to some newly-burnt ground, Langdon ran round, and brought the cattle back, and after counting them said they had too many, witness understanding that to mean more than the 16 on the occasion mentioned. Witness then inquired of Jackson how they came by the working bullocks, and the latter replied that he noticed some cattle on the open paddocic by the gate. It was too dark to see distinctly if they were working bullocks, but he saw one white beast showing out much taller than the others. The two accused ran behind these cattle, and they sprang up and ran along the road. Witness then asked if they picked up any more cattle on the road, and he said he saw some on the other side of the Weraiti hill going out, but did not see any join the mob coming back. The cattle were driven on to Masterton, and placed in trucks. The expression "lifting" cattle was not meant to imply anything wrorg, but was a technical tenn used for trucking stock. The two accused trucked 17 cattle, tho gli r.nly csr.Hgnine: 16. Langdon consigned the cattle. On the occasion <jnt the 16 we.-a taken from Mr B-.etham's place, the cattle

wrre dose by the frnco, and were taken out of the picklock, and run straight along:,- more being picked up on the road. Jackson averted to wi'ness that Iu had absolutely no susp ; cu.n anything was wrong, as Lan^don's father was working on the ' ijr.'perty and nothing caused him suspicion. Twenty-one were trucked, and four left in the trucking yard on the second occasion. Jackson said he asked, "How about these cattle here?" and Langdon replied, "Oh, turn them out on the roa:i." Jackson made rather coni tradictory statements concerning j what was then dor.o, but said for ore thing that he and Langdon took the | cattle along a lane near the railway ; line by a Chinese garden,- and turned : tlv-'in loose. LtngJon made irj referi ence to Jackson. | Mr Pownall wished to ask what witness thought of Jackson's statement, but the Court said such a question was not necessary at that stage. By Inspector Ellison: Lingdon i once worked on Te Parae. Jackson I rr ia ae it clear that he did not stay at | Langdon'a when he wept 9 -t - *"£ I ihtit it was night time w.iea the ' catUs w ? r ? clr !^ cn < l' 1? v ] y cji " j planation giv?!l & aboqt the j taking of the cattle from fieotham'S -.station war, Jack-on said, because I Langdon had said they were to be I taken from there. Jackson said that Langdon had stated that on the first | ocossiun they were to get Hi. No ' mention was made of Mr Macßae's ; name, Jackson stating that he did not know how they came by them. When | witness and others interrogated Jack- : son he appeared a little confused in i one of two of his final statemens. He ! said he thought they were acting '; legitimately in taking the cattle at i i.ignt. At one time Jackson said that as Langdon was leaving ow the train ; on which the cattle were he said to i Jackson. "The cattle are stolen. You arc in it with me. If you don't shut your mouth, I'll put you up." The only alteration Jackson made to this was that he said this statement was made by Langdon in front of the railway station. Jackson did not say he hacfanything to do with the four cattle after they were left by the Chinese eardens. When asked why he did not tell his father, Jackson said he was so taken back with fright, he refrained from doing so. Thomas IJ.l J . Curtis, groom at ' Pinhey's stables, Masterton, said j that on October i)th, at about 8.30 • p.m., he saw Jackson ride in on ' horseback. Langdon and Jackson, who was with Langdon, both had stockwhips. Langdon asked for a horse for the night. Both left the

stables together. On the following day the hcrsc was brought back by Langdon. Robert Hole, livery stable keeper, of Masterton, deposed that at about 8 o'clock on the 23rd October Langdon came and asked for a hack, saying he was going out to Te Parae. Jackson was with Langdon, the former being on horseback, and they rode away together. The horse was returned next morning before 8 o'clock, witness believing it was Jackson who brought -it. Witness did not think either of them had whips. W. H. Garrett, re-called, said that since giving his previous evidence he had visited the Waipoua saleyards, and there identified three cattle as his working bullocks. James P. Petrie, clerk at the Masterton railway station, deposed to a man, giving the name of Langdon, consigning the cattle from the station. H=*»i Hugh McDougall, stationmaster at Ormondville, stated that a consignment of cattle consigned to P. Carr came to Ormondville station on October 10th, the accused, taking possession of them. Another consignment similarly addressed reached Ormondville on the 24th, which Carr took possession of. Carr took possession of the last lot on the 17th inst., though he unloaded them on the 24th, and left them in the railway yard. A person assisted Carr to unload the cattle on the 10th and i on the 24th, witness believing it was | the same person on each occasion. The person in question was not unlike Langdon. Witness was certain as to one occasion, but not both. ; | Horace James Newling, butcher*

in business at Ormondville, said he bought four cattle from Carr for £U 10s. Witness understood Carr to say they came from Rongotea. Carr said he and his mate were dealing, and the latter had sent these along. More cattle were offered witness, but ] he did not buy them. Joseph Kelholly, 'stock agent for Hose, Ltd., auctioneers, Danncvirke, said Carr entered some cattle for sale for October 12tH. Witness I recognised several of the cattle now in the Waipoua saleyard as part of those entered in the sale. HansC. Nordby, butcher at Norsewood, said that about October 7th or Bth Carr spoke to witness about buying some beef. Carr said he did not. know whether it was cows or bullocks, but the beasts were coming by train from the other side of Palmer- ! ston, mentioning ths station, the nama of which witness could not remember. It was not Masterton. Witness attended Rose's sale on October 12th, and saw Carr there. Witness purchased six cows at the sale, lour of which witness killed, the police taking the other two. These two cattle witness saw since at Masterton. Detective Lewis took charge of the hides of the animals killed. H. Menteith, cattle dealer at Dannevirke, deposed to purchasing 30 head of cattle at the Norsewood sale on October 12tb, four of which he recognised since in the Waipoua Stockyard at Masterton. R. W. J. Elley, butcher, of Masterton, said he knew all the accused. He spoke to Jackson about Muniiay week last, when the hitter w<- 'I _'" witness was buying bullocks. Witness asked how many he had, and he replied "Four." Jackson asked witness if he would go and see them in Long's paddock, but witness said he was too busy then, but would go later. Witness said he was going to the Abattoir on Tuesday, and Jackson said he would meet him. Witness was not at the Abattoir at the time appointed, and Jackson came to his house. This would be after four o'clock. Jackson accompanied witness to Rayner's to get a bullock, and after this was yarded at the Abattoir Jackson and witness went to Long's paddock, where Jackson pointed out four steers. Witness described these, and said that accused asked £3 per head. No deal was made, witness asking where the cattle came from. Jackson replied he got them from "his uncle's place up the line," witness not being certain as to whether the place was mentioned. Witness believed he remarked, on being told Jackson's uncle was in Wellington, that it was strange Jackson was selling the cattle. Cyril La Roche, scholar of Masterton School, said he knew Jackson, whom he met on Saturday, October 24th, on horseback. Jackson appeared tired and said he had had no sleep all night, having been out with Langdon driving cattle. He said tiiey hac > had a good time driving the cattle, About a week later Jackson told witness going to school that he expected to get £42 for some cattle. He saic he wished to sell them to butchers in Masterton, but they would not take them.

ByMr Pownatl.— Vv'itners' memory was'fairly distinct about the conversations. Jackson only mentioned Langdon's name in connectionvvith the driving. Witness had said to Jackson he was a fool to go out with Langdon, not because of the cattle driving, but because Jackson had told him previously certain things about Langdon. Jackson did not say witness thought, anything to witness about in trouble in consequence of something Langdon had told him about the cattle. Jackson said nothing about Langdon having left four cattle behind. Albert Harvey, clerk of the Masterton A. and P. Association, said he knew accused Jackson. Just after Hastings Show Jackson said to witness that he had teen out driving cattle from Te Parae and from MacRae's. Jackson's words were that "he had lifted some cattle from To Parae and some more from MacRae's." He further said the cattle had been trucked away, and that he was to get £4O or £SO for them. William Hugh Long, deposed that on Saturday, October 24th, Jackson came to the shop at 8.30 a.m. and asked if witness wished to purchase any fat beef. Witness said "Yes, if they were fat." Jackson offered to sell him four cattle, which witness, on inspection, declined to buy. Jackson asked if witness had a paddock where the cattle could stay for a day or two, and witness allowed the cattle to remain in his paddock for over a week, Jackson promising to come and take them. The police, however, came and got them. Constable Townsend, of Masterton, said he arrested Frank Carr on October 31st on a charge of receivingstolen cattle. In answer to the charge he said, "1 received two lots from Langdon at Ormondville;, and took delivery ot them." Carr then made a statement which was taken down in writing, read to and signed by Carr. In this it was stated that Langdon said ho had cattle on Te Parae, and would send them up for sale, Carr stating that he did not know anything about them except that they came from Langdon, and were off Tc Parae. Witness also arrested Jackson. On the 31st October Jackson made a statement to the Sergeant of Police. This was about 9.30 o'clock in tho evening. This statement, which was written ano signed, was to the effect that he assisted to truck the cattle from the railway yard, and he had not seen them before they arrived there. On the following Monday witness arrested Jackson in consequence of information received. Jackson then said that he helped Largjon to bring in cattle on two occasions, and helped to truck them, the first time being about October 10th. He said further that he and Langdon went out on the Weraiti Road, and Langdon picked up a mob of cattle there which both brought in and trucked away by the early morning train, Langdon not going up with the cattle on that occasion, but stayed at Jackson's home. On the second occasion, about the 24th, Langdon ca-oe down from Ormondville and picked up a mob of cattle from Te Parae station, which he and

Jackson drove into Masterton and

trucked away by the early train. Four were left behind, and Jackson said Langdon wished to turn these out on the road. Jackson said they would get lost, but Langdon replied, "They are stolen cattle, and if you tell on me. I'll say you helped me." Jackson then turned the cattle out by

the Chinese garden, and Jackson returned the hack to Finney's stables. About an hour after this conversation, Jackson was arrested in Mr Pownall's office on a cnarge of aiding in the theft of the cattle. Witness, in company with Detective Lewis, i saw four bullocks at the Abattoir, which were identified as Brancepeth and Weraiti cattle by the owners. | Constable McLeod, stationed at Ormondville, deposed that he charged Langdon on October 31st with the offences set out, not specifying the number of cattle. Mo answer was made by Langdon. On the Gth instant Langdon said he wished to make a clean breast of the cattle stealing business, and asked witness to take a statement from him. Witness took down the statement.

Mr Rollings here asked that the statement be not put in, as Langdon intended to plead guilty, and did not wish to implicate others besides himself.

Inspector Ellison did not object. The Magistrate considered it better to leave the statement out under all the circumstances. The statement was, therefore, not put in.

R. W. J. Ellcy re-called, said he identified three of the cattle now in the Waipoua saleyards as belonging to the lot of four offered to him by Jackson. This closed the case for the Crown. Mr Pownall intimated that he intended to call evidence in tire charge against Carr to prove his innocence. " Mr Hollings stated that ho too intended to call evidence as to Langdon's previous character. The case was therefore adjourned until 9 o'clock this morning, Carr and Jackson being re-admitted to bail on the recognisance for £IOO of Mrs Carr and accuseds' own bond for £SO each.