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ALLEGED THEFT OF CA TTLE.

Grove Vowless, a resident of Hamilton, was charged at the Resident Magistrate's Court on Thursday, Capt. Jackson R.M., and Mr S. T. Seddon, J. P., presiding, that he did on the 21st ulto., at Kirikiriroa, steal and drive away a heifer branded D. C. valued at £3 5s the propeity of Mr Walter Chitty, farmer. Mr Macgregor Hay appeared for the prosecutor, and Mr O'Neill for accused. Prosecutor deposed that he purchased the heifer in question along with eleven others about seven months ago, branding it at the same time, as above. Four or live months ago he sent them to the sale yards at Ohaupo, but did not succeed in disposing of them. They were subsequently driven back by Mr J. Coleman, who left them in his (Colemany) paddock. Two weeks afterwards witness went to the paddock to get possession of his cattle, and found three of the seven missing. On the 24th November he saw the heifer at Hunter's sale at Cambridge, amongst a pen of cattle offered for sale by Walter Coop. In aoswer to a question put to him, Coop said he had bought the heifer from accused at Ohaupo the previous day for £2 2s 6d. Witness claimed it as his property, and in reply to a further question, Coop said he assisted prisoner to get the heifer from Peach Grove, adding that if it belonged to him (witness) he might take it, as Vowless was not at all sure it belonged to him. Witness had an interview with accused and his mother subsequeutly, when the latter stated that her son had bought the heifer from Coleman, but that as the price had not been paid he held no receipt for it. On Colemau being applied to he denied having sold the beast to prisoner. Witness then gave information of the affair to the police. — Walter Coop deposed that he assisted defendant to drive the heifer amongst a mob of other oattle to a public sale held at Ohaupo on the 22nd November. Not having met with a purchaser it was subsequently driven to Cambridge, where it was offered amongst a pen of other animals of similar size to itself, for sale on the 24th of that month. Prosecutor was present at that sale, and claimed the animal as his property. — John Coleman deposed to having had some conversation with defendant about th 6 sale of three cows and three calves, but the 3ale was not completed. He was quite positive the negotiation was not for seven head of cattle, but for six, viz. : the three cows : and three calves mentioned above, ami he positively denied having sold or offered for sale the heifer in dispute. In cro3s« examination witness said he would not have considered aooused had done wrong if ho had takon possession of }the oattle, thB sale of which had Veen spoken of. He might also have made a mistake, and supposed that the heifer was included

amongst the number. TJie. Court found there was not sufficient evidence to sup? port the charge of felonious intent, and the information was dismissed.

At the same court yesterday, before his Worship the Mayor, Capt. Steele and MrS.T. Seddon, J.P., Grove Vowless was charged on the information of Constable Murray with having in the early part of November last stolen a strawberry, heifer, one-year-old, of the value of £3, the property of one William White, of Hamilton East. Sergeant McGovern prosecuted, and Mr O'Neill again defended the accused. The evidence of the prosecutor (Mr White) went to show that he had a strawberry heifer, ear marked, which he had reared and which was running on the flat near the bridge, Hamilton East, with other cattle. In the early part of November he saw accused driving a mob of cattle across Sydney square, but he was not near enough to see what cattle they were. Immediately after this he missed the heifer. He searched for the beast diligently and spoke to accused about it, but he denied having seen the heifer. He then reported his loss to the police and told them he suspected Vowless. He next saw the heifer m the police paddock, Hamilton East, and her at once. In cross-examination, witness reiterated his statement that he could not be mistaken in the indentity of the heifer. Mr Coop took him to look at the cattle. He did not examine the cattle very carefully. Was not sure that the horn was broken before he lost the heifer. — Winter LeQue&ne, aged 15, a son of Mr P. JLeQuebne, gave corroberative testimony as to the identification of the beast. He recognised her by the color and the ear* mark. He admitted that there were a number of strawberry cattle on the run. —Walter Coop, a settler residing on the PiaUo road, deposed that he had bought cattle fiom the accused. He knew the heifei in question, which ho first saw on Sydney square Vowless said it belonged to him. On the Sth November they took tins heifer to the sale at Ohaupo with other oattle. They were not sold, and witness afterwards brought them, together with a white steer, and sold them again to Mr Hinton, a neighbour He subsequcntlyasked to get the cattle back, the steer because lie heard it belonged to Mr Ooates, and the heifers because he wanted them to match some of his own. Hinton agreed, and witness sjave him three others in place of them. Accused did not ask him to do this. He afterwards took them to the Ohaupo sale, and not disposing of them left them in Hunter's puddock, whence he fetched them with Constable Murray on the 14th fust., after accused had been arrested. In cross -examination he said the prosecutor did not recognise the heifer immediately they got in the paddock, and when lie did so he remarked that she was darker ■and poorer thon she was when he last saw her. — The evidence of Henry Hinton was corioboiative of that given by Coop. — Constable Murray denied the correctness of a portion of Coop's evidence, and swore positively that White identified the heifer immediately and without hesitation. He identified the boast at Ohaupo fiom the description given to him by White. In answer to the Bench witness said Coop afforded him every assistance in finding the cattle. — This was the case for the prosecution. — Mr O'Neill submitted that it was clearly a case of mistaken identity. It wa& somewhat remaikable that White, who said he had reared the heifer, and young Le Quesne, who saw it nearly every day in going to school, should not have noticed that it had a broken horn. Nearly all the witnesses had admitted that ear-marks and stiawbeny cattle were common enough, and the inference was, naturally enough, that White had been mistaken. If however, the Bench thought it necessary, he was picpared to call the person who bred the heifer and sold it to the accused, and who would identify it. — The Bench expressed a desiie to hear this evidence. — Mr O'Neill called Aichibald Wallace, a fanner, i eliding at Pukerimu, who deposed that he sold three calves to Vowless afc Buckland'&Cambridge sale, on the 15th March. He had seen the heifer alleged to have been stolen, and had no doubt in his own mind that it was one of the three sold by him to Vowless. Had been all his life amongst cattle, and did not think he could be mistaken. The heifer was the image of its dam both in shape and color. — The Magistrates' retired, and after about halt-an-hour's consultation, the Mayor announced that the Bench had decided that the case was not sufficiently strong to send before a jury, and the information was therefore dismissed. On the application of Sergt. McGovern, the other cases against the accused were remanded for eight days, bail being allowed as before. Sergt. McGovern intimated that another charge would be laid against Vowless for a similar offence.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/WT18811224.2.13

Bibliographic details
Ngā taipitopito pukapuka

Waikato Times, Volume XVII, Issue 1479, 24 December 1881, Page 2

Word count
Tapeke kupu
1,339

ALLEGED THEFT OF CATTLE. Waikato Times, Volume XVII, Issue 1479, 24 December 1881, Page 2

ALLEGED THEFT OF CATTLE. Waikato Times, Volume XVII, Issue 1479, 24 December 1881, Page 2

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