RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 80, 7 December 1865, Page 2

RESIDENT MAGISTRATE'S COURT.

[Bofore Gr. G. FitzGteiumj, Esq., E.M. Monday, Deo. 4. » Joseph and John Cooler and Peter Keller, miners, were charged with having stolen and made away with a red bullock, the, property ~ot Mr Moffatt. The evidence of Louis Angsbari and Thomas Ammonds, butchers and employees of Moffatt's, was to the effect, that the bullock in question having strayed, they were sent by him to search for it, and hearing that an animal, answering the description of the missing beast, had been slaughtered on Tucker Flaf, they had given information to Sergeant Clements, at the Kanieri Polico Camp, who accompanied them up there. Thoy, however, could discover no trace of it, and consequently extended thoir search up tho River Kanieri, where, about five miles above tho township, they found tho bullock. This happened on the 22nd instant, but not being able to ca'ch him they returned to town, tho next day returning, provided with a small rope, about twelve feet long, which, aftor some trouble, they managed to attach to its horns, and commenced driving it homewards. They,"however only succeeded in getting it two miles nearer homo, when it rushed into the river, escnping to the other side. Here it was left unsought for until the 28th, on whioh day Amraonds, accompanied by another young man, again proceeded in quest of it, following its traoks within half a milo of MKays store, where thoy ran into the rivor. > The witness and his companion orossed the riler here, and on gaining tho other side fell in with tbo beast's tracks, which they followed only to arrive at the place whero it hadbeen slaughtered. The ground was stained with blood, and nearly all the offal was lying thoro, besides a large portion of the hide. That produced in court ho. recognised as the samo, and belioved it to have belonged to the bullook lost by Mr. Moffatt. He identified it by two white Bpots on the baok of th« skin. 1 Poter Keller, one of tho prisoners, was now placed in the witness box, as he had oxpressed a wish to Sergeant Clements to make 1 statement. We, however, shall exclude his ovidenoo, giving that of tho sergeant's, to whom he mado a similar one immediately after his arrest. Tha first part of the sergeant's cviHonco merely corroborated that of tho first two witnesses, tho remaining part of his statement boing to tho effect that on the 29th, information was givon him that a bullock had been killed up

the Kanieri, when, accompanied by aconstable, he proceeded to the spot, which was onfthe opposite tside of the river to M'Kay's store. Here they found the remains, and afterwards crossed the river to some tents, one of which was occupied by tho prisoners John Cooper and Peter Keller. He searched all the tents, but finding nothing to confirm ltis suspicions, proceeded to M'Kay's fitdre. yhere Jie stayed on the night 'of the 80th. At half-post 5 the next morning (Friday), he. 'accompanied by Mr Moffatt, proceeded a second time' to the tents, and on searching the prisoners found a billy hanging up inside it, containing 'about ten pounds of boiled 'beef, and on making ■alfurther search outside discovered a bag hid in the sorub, with a considerable quantity of raw meat inside it. On asking the prisoners where they had obtained it, Cooper replied Keller had bought it at the Kanieri Township, which was admitted by bim ; he was, however, unable to state tho particulars of time and place, and his detailed account being unsatisfactory, Sergeant Clements arrested them, and conveyed them to M'Kay's store, leaving them in charge of tho constable whilst Moffatt and himself returned to make further search *ound the tents, the result of which was the dis- • -covery of many fresh bones strewed about in the bush, some offal and part of a hide. ' On returning to ■ M'Kay's store the prisoner Keller intimated he wished to turn approver. The Sergeant told him he conld, if he liked, make a 'statement (having tendered the usual caution when he first arrested him) but he was not einpowerd to hear him as an approver. The prisoner then stated that himself and John. Cooper 'lived in the tent already searched, but that their mate, Joseph Cooper, lived in another on 'the other side of the river, a little lower down. They had another mate, a Frenchman, who, on 'Sunday the -10th ult., went down the .river iisbing. On his return that night he informed them there was a stray bullock, a mile lower down. Next morning, him'himself and John Cooper proceeded to where it Was, when the latter remarked it was worth £15 'to them if they could only drive it to the tent. Nothing more was done until the 28u!t, on 'which day, -John Cooper and himself went to seek 'the animal and drive it home if they found it, as they should consider it a stray beast. As they "vere starling, John shouted to Joseph Cooper, who was at the other side, of (he creek telling him 'iheir intention. They found the bullock, drove it up and Across "the river to where he was waiting, gun and axe in hand, in readiness ; crossed themselves, and driving the beast a little higher up, Joseph Cooper shot him, finishing ■ 'the work with the axe. The bullock was then skinned and dismembered, and having procured Oforty pounds of salt from the Kanieri, the meat was boned, -cured, pi.eked in two barrels and buried ; excepting about Seventy pounds that 'they reserved foi present use t part of which they boiled. Acting on this information 'Sergeant Clements, proceeded at once to the 'tent of Joseph Cooper and arrested him. In the tent 'he 'found the gUh produced in ■■court, which he saw had been recently discharged. He remarked this, the prisoner, in •explanation stating he had been shooting eels. He then searched round the tent, and found the 'barrels full of meat, and on Joseph. Cooper seeing this, he said, " It is ddne now j I am sorry for it ; I killed the bullock, thinking it had "strayed from a Christchurch mob. 1 ' He told Mr Moffat he would willingly pay the price of the animal ; saying he wished he had seen him the 'previous evening, before the arrival of the Police. Sergeant Clements then took the prisoner 'to the store, and subsequently conveyed the three men to Hokitika. !Che prisoner Keller wished 'to become an approver ; bis Worship said he had no power to grant his request, he should have to 'commit him with the others The prisoners ■■made no defence, save that they supposed thf •"bullock was a wild one, and admitted having •killed it, but without any folonious intent. 'They were committed to take their trial at the next criminal sessions of the Supreme Court. Although the charge of poultry stealing brought against Bti: Solonbn, by Mr Kelley, was demanded lost Friday, for a week ; his Worship at the special request of the accused, consented to heai* tbo evidence of a witness who was about leaving Hokitika for Melbourne Accordingly, Frederick Waters 'beihg "placed in the witness box deposed, he wtis 'manager for Mr Solomon of the Cafe de Paris, and had been in his employ 'during the last three months. On ihe 28th, 29th, 'and 30th November, his employer was confined to his bed an invalid, and seldom at any time took an active part in the affairs of the'establishtnent, certainly never attending to the poultry. He, (the witness), Was leaving Hokitika for Melbourne that day. He was quite sure Mr Solomon 'could not climb over the fence separating the 'Cafe de Paris from the Hibernian Hotel to save %is life. Joseph Wagner, landlord of the Shamrock ■Hotel, was charged with depositing a quantity of ■wood in Itevell street, thereby obstructing tbe publio thoroughfare. Fined 6s.

"Wednesday, Dfco. 6. Joseph Thompson, for being drunk and disorderly, was disposed of as uSnal.-»-Samuel Price was charged with larceny of a boiler. J. Smith, 'deposed, that lie lost the boiler three weeks ago, '■finding it yesterday &i ,the prisoner's tent, who stated he had purchased it. The prisoner in defence said he had bought the article last Friday from a man in the street whom he had toever seen before. He called a witness who supported his testimony. Cose dismissed.