ALLEGED CATTLE STEALING.

Wairarapa Age, Volume XXXI, Issue 3056, 28 November 1908, Page 5

ALLEGED CATTLE STEALING.

charges against a youth. (Evening Post.) Cattle-stealing in the Masterton district was the nature of several charges preferred against a youth named Clifford G. Jackson at the Supreme Court, Wellington, yesterday, presided over by Mr Justice Cooper. A youth named Langdon was sentenced for the theft of the cattle in question, and another youth named Frank Carr was acquitted. Mr Myers appeared for the Crown, and Mr Wilford for the defence. Evidence showed that the cattle had been taken from the Masierton district. Ralph F. Beetham, Weraiti, deposed that his firm lost one cow and three bullocks on October 9th, and 21 bullocks on October 22nd. j Twenty-two of them were found , again. Wm. Henry Garrett stated that he lost four working bullocks on October 21st. John M'Rae said that he missed four cows on October 16th, and [subsequently three cows and one bullock. Thomas C. Curtis, groom at stables in Masterton, deposed he saw Jackson and Langdon on October 9th, both having whips. Jackson was mounted and Langdon on foot. The latter hired a horse and said that he was going to i I see his father, and that he would be ' away all night. He returned the horse at 12.45 p.m. next day. Robert Harry Cole, livery-stable keeper, Masterton, stated that on the night of October 23rd both Langdon and accused were at his stables. Langdon hired a horse. James Paul Petrie deposed that Langdon trucked 16 head of cattle £away from Masterton on October 10th, and 17 on October 24th. R. W. J. Elley, butcher, Masterton, said that accused approached him on October 26th and offered him four bullocks for sale. He said that they were in Long's paddock. Witness saw them on October 27th, and asked how much he wanted for them. Accused replied ( "£3." In answer to further que tions, accused said that he got the stock from his "uncle's place, up the line," and that his uncle was then'in Wellington. Witness did not deal. The stock would be worth ' about <£s a head. Cyril La Roche, 15& years of age, t stated that he attended the Masterton District High School. Jackson j went there until a few days before October 24th. Witness met Jackson one day looking tired and weary. He told witness that he had been out all night the night before driving cattle with Langdon, and mentioned that Langdon had hired a j. horse at one of the local stables, j A week later he told witness that he expected £42 for the sale of some t cattle, and added that he had tried to sell cattle to two of the local j. butchers, but they would not take them. Witness told him that he was a fool for going with Langdon at all. Gilbert Langdon said that he had been sentenced for theft o f the cattle in question. He had known the prisoner Jackson for some time. B On the Bth October he met Jackson h in Mastercon. By arrangement be s met him again on October 9th. \ Witness had a dog and a sto:k whip. Accused asked him what they were ( for. Witness replied that he was C going out to Williams' to steal some 1 cattle. Accused did not believe him c at first, but finally said that he 1 would go with witness. Both wit- t nes3 and accused drove sixteen head of cattle to the Masterton station I and got them trucked away first s thing in the morning. Jackson did \ not get anything from the proceeds. \ The only understanding arrived at was that witness was to back horses \ for him at Napier. Witness met c Jackson again on October 23rd. The 1 two of them and a third party had a e drink together, and Jackson and 1 witness had tea at a fish-shop. He « asked witness where he wan going < that time. Witness told him he was i going out to steal cattle somewhere. 1 Jackson said that he would accom- ! pany him if he gave him £2O worth i of„the stock. He said that he had '• bought a horse from his uncle and wanted to pay for it. Witness consented, provided they got sufficient stock. Both witness and accused went out on 23rd October and stole twenty-one bullocks. These they took to the Masterton trucking-yards, and sent alTaway but four, which witness gave to accused. Jackson told witness that he proposed selling them to a butcher. Mr Wilford, in cross examination, asked Langdon: Did you hear that Jackson was trying to put your "pot on" in Masterton. Witness: Yes You also believed that Carr was trying to "land you?"— Yes. After the case in which you were charged with horse-stealing was over? — Yes. You did not admit anything about the cattle-stealing until then, You wanted to get in first against Carr and Jackson? —Yes. What was yow motive in in doing this? —I did not want to put Jackson away. I wanted to put Carr away. You are a convicted thief? —Jfes. And a "putter-away" of your pal? —Yes. Are you also a liar?— No. Have you not invented the whole ' story against a young lad in order to i land him alongside yourself?— No. ; Was it not a fact that tne first ; time you told Jackson you were on a i "crooked game" was when you ■ trucked the last lot from Masterton? —No. 1 Witness went on to admit that ; he had stolen sheep as weli as the cattle in question, and a horse, but ! denied being a perjurer. JACKSON DISCHARGED. r By Telegraph—Press Association. WELLINGTON, November 27. ) Another of the series of alleged £ cattle stealing cases at Masterton 1 was betore the Supreme Court to-day, - when Clifford S. Jackson, a youth of t seventeen, was the accused. Evib dence was given by Gilbert Langr don, already sentenced for stealing o cattle at Masterton, that the accused e had volunteered to go with him, and had assisted in taking cattle from e various places. Other evidence e stated that the accused had offered four beasts for sale on behalf of a man called Langley, or Langdon. The accused stated that he had ob- , tained his father's permission to go (j with Langdon, who had said nothing to him about stealing the cattle.

He had on two occasions helped the convicted witness to drive cattle. Subsequently Langdon informed him the cattle were stolen. The jury found that the accused was not guilty of theft, but was aware the cattle he had helped to drive into Masterton on October 24th were stolen and, subsequently, received and offered four beasts for sale. He had, however, only done so under the influence of a statement made by Langdon, that he had helped to steal the cattle, and would have to get rid of them. His Honor discharged the prisoner. THE ISSUES SUBMITTED. HIS HONOR'S REMARKS ON THE VERDICT. By Telegraph—Speciah to Age. WELLINGTON, November 27. The issues submitted to the jury in the case against Clifford Jackson were as follows: 1. Did the prisoner jointly with Langdon steal the cattle driven in to Masterton by the prisoner and Langdon on October 10? — No. 2. Did the prisoner jointly with Langdon steal the cattle driven in to Masterton by prisoner and Langdon on October 24th?—No.) If the above are answered in the negative—3. Did the prisoner oti October 31st know that such cattle were dishonestly obtained?— Yes. 4. If so, did he after obtaining such knowledge receive four of such cattle and offer them for sale?— Yes. 5. If so, did he do so under the influence of a statement made by Langdon in the following terms, or to the same effect: "You have helped to steal the cattle and you will have to get rid of them, otherwise you will go up?"— Yes. His Honor said that on these findings the statute law of the country entitled him to discharge the prisoner, notwithstanding the verdict. It was only in very special cases where such power would be exercised, but he did so for the reason that the jury had negatived any theft in the prisoner, and had accepted that branch of the case on which the defence rested. He would therefore simply discharge prisoner without passing anv sentence. His Honor exercised this power (1) because of the prisoner's youth, (2) because of the answers given by the jury, and (3) because of the fact that up to the time of his association with Langdon he had borne an excellent character. His Honor added he thought it was a case in which the interests of the public and prisoner would be served by the exercise of the statutory power conferred on a judge, and he therefore directed the discharge of the accused.