SUPREME COURT SITTINGS.

CRIMINAL JURISDICTION.

(Before his Honor the Chief Justice.)

TatTHSDAr, April 5.

His Honor took hi* seat on the Bench at 10.16 a,m.

CA.TXIE STEALING.

•Samuel George Ferguson and James Dunlop, were indicted for having, on the 6th October, 1882, killed a cow, the property of John Allea ; there were other counts for stealing and receiving the carcase; Mr Perkins appeared for the Crown, and Mr Purkiss defended the prisoners, who pleaded not guilty. The following jury was empanelled: — Charles Frederick Holmes, T. Malouey, Patrick O'Reilly, Thomas Darby, Martin Morris, William Evenden, William Otto Andersen, Walter Raleigh, Arthur Head, Bernard O'JNeil, Thomas Raymond, Jeremiah Gilbert. Mr Arthur Head was chosen foreman' The prisoners challenged Henry Eastman, George Burgess, David Kenny ?n'l James Cropper; the following were ordered to stand by;— A. C. Campbell, Ross, Conningham, Robert Douglas, Dennis Ryan, Richard Strait, James Hansen. Jame3 Shannon, James O'Grorman, John Delacosta, Richard Campbell, Frederick W. Morgan, James Cropper. At the rcqutst of Mr Purkiss, all witnesses were ordered to leave the Court. Mr Perkins having opened the case for the Crown, led the following evidence: — William Medhurst, stockman, said — I am engaged on a survey party; I know Mr Allen's run on the Waitaha river ; on the 6th October I was mustering cattle there for Mr James Svaos, partner of M.( Allen; I have known the run for six years ; I kaow a great mauy of the cattle on it; the run is 10,000 or 12,000 acres unfenced ; the ruu iy bush and river bed; Mr Evans was in charge of the run ; i there are two or three hundred bead ot cattle on the river, ami a lot of wild ones in tne bush ; I knew a white faced shortI horned cow, red and white spots, four white feet, and nearly a white tail ; that cow usually ran from the Bowen road down the Gorge, westward towirds tbe aea ; she was a quiet cow, you coald ride up close to her ; there were about eight or nine h>ad of quiet cattle running with her ; she hid a calf with her ; she had JE on the offside ribs, and A on the rump; also on the other ribs a blotched brand ; I saw the cow between half-past two and half-past three p in. on the 6th October last ; she was then about three-quarters of a mile on the west side of the Bowen road, and on the north side of the Waitdhi river ; I had a man named William M'Keown with m°; I pitched a t-.nt that day on the east side of the road; about a quarter past four that afternoon, while 1 was lighting a fire, I heard a ringing shot fired ; [ should take it to have been a bullet, not a fowling piece ; M'Keown was out on the river bed ,- I looked round but could not see anyone ; the shot was fired down the river. About five oclock, Daniel Eeedy, and a boy named Andrew Dunlop, son oi the accused, came from south; Reedy was the mail man; they came along the roid; they parsed on. Next morning, the 7th, i was up at four o'clock ; I went to the river about daylight ; I observed the tracks of two horses and of men leading them, coming up the river on the north side ; the tracks led into the road ; before I saw these tracks, I saw the mob of quiet cattle a miJe above the road on tbe south side of the river; I did not see tbe white faced cow ; I had aorae breakfast, and followed the horses track* down the river to see where they came from. About three quarters of a mile down the river, I came upon the tracks of a mob of cattle which appeared to have been galloping; the the tracks led from the north to thesoutb side of tbe river; I followed them across the liver to the edge of the bush oa the south side; about a chain in from the edge of the river, I came upon a place where a beast had been fresh killed. M'iieown was with me ; I saw the paunch and the offal thrown into a creek which runs into the river, I saw some small pieces of ears floating on the water in the creek behind a small bush ; I saw tbe remains of the ears at the b attorn of the creek in about a foot of wa f er ; the pieces produced resemble them I saw that the ea> s had been ear marked ; the white cow had a slit on the off ear, but I cannot swear how the other ear was marked ; I sent M'Keown away for Mr James Evans, who was on the run ; I went down to Allen's homestead on the beach ; this is 36 miles from Hokitika; I returned in company with John Allen about two hours afterwords ; when I got back Evans and Vl'Keown uad just arrived ; I started to search ; I found three feet and a piece of the hide about the size of my hand ; a red skin with white spots, I identify the piece produced ; I recognized it as a portion of the hide of the white faced cow, off the rump about six inches from the root of the tail. The tail produced was found on the j spot, and the three feet and two horns produced ; one horn wag found at that , time, and I found the other afterward 0 ; 1 identify them as the horns of Allen's white faced cow ; all these things were not together but scattered about the bush ; the bush was a low black thick scrub ; these remains were found withia a chain or so ; they were quite fresh, I looked for the head, but could not find it, nor the hide. On the night of the 6th no one came up the river bed to the road, up fo the time I went to bed. No one passed tbe road that night ; my dogs woke me in the night ; I have never seen anything of Allen's whitefaced cow since the 6th October ; I have found her calf.

By Mr Purkiss : I do not know the boundaries of the run. I would not swear that the spot where the remains were found was within the boundaries of the run. The run belongs to Allen and Evans. I know Happy Valley run ;it belongs to the prisoner Ferguson. It joins at one point to Allen and Evans's run ; I was on that run three years ago ; some cattle belonging to Evans were on that run then. I know Thomas Ferguson, He has a run on the Big Wanganui, south of the Waitaha; There are cattle on that. Evans and Allen's cattle have been on Evans' run. During' the last twelve months, I have seen one or two head of cattle belong, ing to Deidrich and Karnbach, who formerly had a share in the run. In October last there were cattle belonging to Evans, to Allen, to Deidrichs, and to the firm of Allen and Evans running on the Waitaha run. There may have been cattle belonging to others. These cattle were all ages and co]ors ; some tame, some wild; some branded, some unbranded. I know of four different brands on the cattle; I know where the prisoner Ferguson lives; It is on the Bowen road. His homestead is about'four or five miles from where I qampecl on tho night of October Gth, Ho

has quiet cattle about his homestead. I have seen his cattle straying on Evans and Allen's run. I have been living in the district, off and on, for the last seven yeara ; I havo be,en sometimes stockman, sometimes chainman, and sometimes mailman. I was in Allen's employ in Septemand October last. I was also in his employ four yeara ago ; I have been employed by Evans on different occasions. 1 saw the white faced cow every day I was employed ; I never saw her running alone ; I saw her at Allen's house six years ago when she was a calf; she was six or eight months old. She was branded J E on the off side ribs, that I call the near side of a milking cow ; she was not a dairy cow. She was ear marked with a slit on one ear. Allen's ear mark is a slit in one ear^ and Evans's is a slit in both ears. I don't know what the prisoner Ferguson's ear mark is. I have often had occasion to muster this cow. The spot where the beast was slaughtered was about a chain from the river bed. The cattle running with the cow were mostly hand roared cows and young stock belonging to John Allen ; I saw both the prisoners about a week before the 6th October at the prisoner Ferguson's house. I told Ferguson I was mustering for Evans on the Waitaha. He asked me if I came across any of his cattle to drop them out ; I tokl him I would do so ; I did not tell him I had seen any cattle of his on tho Waitaha flat or river bed. The day previous I was in Andrew Dunlop's house. The sixth of October was on a Friday ; it was fine on that Friday, and on the Saturday and ■ Sunday following. I have known the two prisoners for some time ; I have borrowed money from the accused Ferguson ; I repaid him money I borrowed from him and his brother ; Ferguson never threatened to sue me for money I borrowed from him. Re-examined : Mr Ferguson would have had to pass my camp to get home ; Dunlop would have had to pass the cimp too ; there "is a slaughter yard about t&ree mile 3 away at Allen's. John Allen, part-owner of a run at Waitaha, said— l have socne cattle on the Waitaha run, cows and bullocks ; I had a white faced cow there in October last; she was red and white on the body, white legs, white tail, and cock- homed; there was Aon the off side, and JE ; I cannot wear which side ; there was a blotch oa the opposite side to the JE; each ear was spit; my ear mark is a elit on one eir. When the cow was a calf it was braided by mistake with Mr Evan's britul and e.r mark ; I had the cow about sjvea or eight years from the time she was a calf; she was not wild nor quiet ; one oig bullock and some hand-reared biif grown stock running with her ; she had a calf running with her ; this was four days before the 6th Oc ober Jait. 1 saw her on the righthand branch of the river on the cist side of the Bowen road. On the 6th October. I was comiog towards the Big Waitaln ; I met the prisoner Ferguson about 20 chains from the Big Waitaba on the south side of the road, 20 chains from the river ; he was walking south leading a pack horse ; this was abou<- one o'clock, p.m. His nephew, Andrew Dunlop, the youngs, was with him ; he had pack horses ; they were going to Duffer's creek ; that is about 3£ or 4 miles from the Big Waitaha. Oa he morning of the 7th October, I went on to the run with William Medhurst ; on che north side of the river I noticed tracks of cattle, horsemen, and dogs ; I followed them across the river to the south side ; the tracks led iato a piece of scrub, about eight chains from the stream and one chain from the shinglebed ; I saw the paunch and entrails of a beast freshly killed; there was blood on the ground where the beast had been slaughtered ; James Evans and William M'Keown joined me ; I saw the left side horn of a cow, a piece of hide, the tail, the ears cut up in tweDty pieces, the two forefeet ; Medhurst picked up a piece of brown paper with Ferguson's name on it ; I identify the piece of hide and other remains produced, as similar to those which distinguished my cow ; the horn produced is the left side horn of my cow ; I will swear the horns belong to my cow; I took the remains to the police station, Hokitika, and gave them to Sergt. •Holler ; I took them back the same even' ing to Constable Watson, at Ross ; there was no other cow like the white faced cow on my run; I looked for her but could not fiad her; her calf was with the mob four days after ; on October 8, I went with Detective Quinn, Constable Watson aud Messrs Evans and Medhursfc to search for remains on the Bowen road ; I saw the neck of a bullock or cow hanging up under the verandah ; inside the back door I saw portions of a beast cut up in pieces ; it was fresh, and must have been killed within a couple of days; the constable asked Ferguson if he had any beef, or any fresh hides ; prisoner said he had some fresh beef, but no fresh bides, as it did not pay to fetch them out of the bush ; I did" not go |uto the house ; Watson and Quinn went in ; they brought out three knuckles off the meat that was in rhe house ; we could only find ' one stale hide in the back premises ; I came I to Ross to get a search warrant for James j Dunlop's house ; we found the balance of a hind quarter of beef at Dunlop's house, perfectly fresh ; Constable Watson took the knuckle off : at the time I compared it with the feet that were found; they correspond and are off the §ame beast ; I have been butchering a good part of my life, off and on, since I was seventeen ; the cow I lost was worth £7 ; I could not find the hide or the head; prisoner Dunlop lives seven miles nearer Eoss than Ferguson does ; neither of the accused ever° said anything about their cattle on my run.

The Court adjourned afe one until two p.m.

John Allen, cross-examined by Mr i Purkigs, said— l have had the run for several years ; I have a share in it ; it comprises, I think,- 10,000 acres; it is unfenced ; Ido not know the boundaries it has never been surveyed ; Ido not know kow many cattle there are on the run • I won't swear there were none ot Ferguson's cattle on the run ; I never caw any ; there are unbranded cattle on the run, on all rung in fact ; the Happy Valley run; belonging to Ferguson, is next to our run ; there may be cattle on the run belongs tig to me that J have never aeen ; ifc is not a common thing on our run for people to shoot cattle; it is down south; two or three might have been shot on my paddock; shooting wild bulls is not uncommon; the only way of getting wild cattle is to shoot them. I believe the spot where the cow was shot was on ray run. Samuel Ferguson never spoke to me about any cattle ; there were a few head of his cattle on the run, some ten months before October last ; I suppose ierguson put the cattle on the run; the original owner of these cattle was a man named Gribben, who sold out to the prisoner Ferguson; Gribben put some cattle on the Waitaha run. I know where Ferguson lives; it is about five miles from our run; there is nothin" to prevent Ferguson's cattle wandering on to the run, The Crown Prosecutor read out

portions of my depositions, at the Magisirate s Court, to me yesterday. The missmg cow was branded A on the off rump? there was JE on the ribs: I am certain the horns produced to-day were the horns of my cow ; there wag nothing very particular about the horna ; I believe there are four rings on each horn ; I think every ring represent* two years ; Ido not know how many rings there are on the horns ; there are four rings on the horns now I look at them ; I emphatically swear the horns produced belonged to my white laced 3ow. The spot where the beast was killed was about s(j chains westward to the road. I do not pretend to identify the other remain?. Medhurst and M'Keown made a contract with Mr Evans, that they were to have a half share of all MrErans's cattle which they could net out of a swampit was on the 6th October that they started this contract ; the swamp was on the upper side of the road ; I had no men mustering on my behalf, beyond this that Medhurst and M'Keown depended on my giving them something also. I had been on friendly terms with the accused ; I never held them in high estimation. There was a law suit bstween Ferguson and me about a cow some two years ago; I lost the case; I bear no malice towards him on that account; I entertain no" jealousy of Ferguson because he has been successful ; I kuow two men named Hitchen : they live near me ; one of the Hitchen'a owned a bull which was knocking about my place ; I recollect one of them telling me he had missed the bull; he said the bull got its leg broke, and was missing ; I did not suggest to Hitchen to lay an information against Ferguson for stealing the bull ; Hitchen told me he believed Ferguson had the bull ; he has since fo md it.

Frank E. Clarke, chief draughtsman in the Survey Department, said— l know run No. 28, owned by Evans, Allea, Diedrich? and Karnbach. The run extends oa the couth side, a mile and a half to the west of the road. The particular spot referred to is 39 chains from run No. 28 ; that spot was included in the old licenses for the runthe run has not been surveyed. ' James K-vans, hotel-keeper and run* holde M said -I own a run at the Waitaha" river. I have held it about 13 or 14 years with ctae *; I have some cattle on it; /.Men ha* some cattle there too. He had' a Ted cjw with white face, and a white mark between the rump bone and the root of the tail. She was branded JE on the ribs by mistake. Both ears were elit ; I have known the cow since it was bora ; it used to run about the bed of the river. Other quiet cattle were running with it. S'ae had a calf with her ; I live on the run ; I always saw the cow every three or four days ; I saw ker three or four days before October 6; I saw her as I went down and I saw her' as I cime up 5 oa October 7, I went with M'Eeown ; lam sure the horns produced belonged to Allen's white faced cow; I knew the cow well ; I have been about the run often and never saw any other beast with similar horns the piece of akin and other remains resemble those of Allen's cow; the ears produced are the same co or as the nrssing cow. On October 8, I was at Ferguson's house with the policeI heard Constable Watson ask Ferguson where the hide was Ferguson replied that he had left it on the river where the beast had been killed ;he promised to come and show us the hide. We waited ten minutes or a quarter of an hour for him to get ready, and then he refused to come. He said there were a good many Chinese knocking about, and he would not like to leave his wife. There was a young man, named Dunlop, in the house at the time. I do not know of any cattle of Ferguson's on my run, or in the neighborhood, for months before October 6.

To Mr Purkiss : I will swear that the missing cow has been yarded, with others during the last twelve months. I will swear to the horns ; I have not often seen horns like them. I can't swear whether the brands JB and A were oa the same side of the beast. I met a man, named Hitchen, who told me he had lost a bull ; I had seen a spot which indicated that some animal had been slaughtered on it ; I did not suggest that the prisoner Ferguson had killed the bull. I did not advise flitcbea 'o take proceadings against him: I know Daniel C'ullen, a storekeeper of this town ; I told Mr Cullen that a man arrested was charged with getting £50 a head to shoot the witnesses in this case • this was a report but I did not believe it.' I know Medhurst and M'Keown ; they stop at my hotel ; one of them came up with me. c

To Mr Perkins : A man has been bound over to keep the peace for threatening one of the witnesses.

Constable Watson, sworn, said— The exhibits produced have been in my custody since the prisoners were arrested. I saw Ferguson on the Bth October; at his house ; I saw some beef which he said was portion of an animal he had killed on the Friday previous. I asked him for the skin ; he said he had left it in the bush' • he said he had not killed the beast, but Mr Duulop. 1 said lf Yes, but you helped to bring in the carcase on Friday ni»ht He said, " Yes, I did." He said he would put on his boots and come with us • he put on his boots, and after abjut 20 miDUte3 he said he would not go, because he did not like to leave his wife, when co many Chinamen were about. Afterwards we searched Andrew Dunlop's house and found some beef.

To Mr Purkiss ; The accused Ferguson gave every facility to search his premises. He admitted Dunlop had shot a beast oa Friday, and he had helped to bring it in • he afterwards said that if we waited tilf Dnnlop came in, Dunlop would show us; where the skin was. I have known Ferguson about 5 years, and Dunlop about 15 years; so far as I know, they bear un* blemished characters.

Daniel Reedy, said— On the 9th October last, I met the prisoner Ferguson about four miles from the Waitaha. He left me in the Waitaha river but after crossing the main stream, I heard a cooey or a whistle from down the river ; I looked round and saw the prisoner Dunlop; he was about fifteen chains down the river from the road. He, Ferguson, told me he would overtake me, after he had seen Dunlop • Ferguson's horse had, I fancy, a packsaddle on it. I saw nothing more ti£ Ferguson that evening. As I went aW I saw Medlmrst and Mr McKeown camped. They told me it was between 4 and 5 p.m.

By Hv Purkiss : I aid not hear a shot fared. Dunlop was on horse back. Ido not think Dunlop could see Meclhurst and McKeown, nor do I think they could see him. They had not got their fire lit. I know it is customary down South to shoot cattle and pack them out of the bush when they cannot bo driven out ; I should think it nothing extraordinary to hear a shot in the bush.

William McKeown, said— Last October I wan a stockman mustering cattle at Waitaha. On the 6th, of that month we shifted our camp to th© Bowen. road, ,p^

the 19th October last, a man named Holly and I went up the river a little way ; I returned down the river alone ; I saw two men on the south side, leading their horses in the river bed, down towards where the beast was killed. After going a little distance they stopped, and then went on again to where there was a rapid in the stream. I there lost sight of them. This was between 2 and 3 p.m. I saw them a few minutes after coming back again. They crossed the stream and came on to the Bowen road again. I was concealed behind dome flax. Dunlop said. "They won't get it now," and Ferguson said, " No, that they won't." I followed their tracks. I could see the marks where something had been dragged into the river, from the bush. About eight or ten chains further, I saw more tracks ; the tracks ended on the rapids of the Waitaha. Ferguson and Dunlop were riding two greys.

To Mr Purkiss : I have never been promised a reward by Mr Evans if the prisoners are convicted. I met Holly at his own house on the 19lh October last ; Holly saw the two men in the river as well as I did ,• he «aid, " There is Ferguson and Dunlop." I watched them for some time. I was hidden in the scrub for about half an hour ; I was about eight or ten yards off the roßd.- I recollect being in Ferguson's house a short time before October 6th; Ferguson said he would be much obliged to me if I saw any of Ins cattle to let him know, Charles Holly, ferryman at the Mikonui river, generally corroborated the evidence of the last witness. Detective Quinn, deposed — That the prisoner. Dunlop said he was bringing the £ : de before him on horseback on the evening of the 6th October, when the horse got restive and the hide dropped in. rlher lhe prisoner Dunlop and witness searched for the hide, but could not find it. Dunlop told witness that the bea-t their own, and was unbranded. John Hodson, a butcher, living at Ross, deposed — That he sold hides^for the accused : small cow hides would fetch about lOs top price. He only sold six hides for them altogether. In cross-examination, this witness said that the horns and remains of the animal produced resembled others. Thomas Ford, butcher, also said there was nothing remarkable in the remains produced. This concluded the case for the Crown. For the defence Mr Purkiss called, Thomas Ferguson, run-holder, brother to the accused, who said — On the 19th of October last, I saw my brother and Dnnlop at my brother's house. On that day, the two accused accompanied me to the Big Waitaha, to measure the distance from the road to the place where the beast was killed. That was to see if it was on the commonage or on the run ; I set out from my brother's about eleven a.m. I went with them to the Waitaha. They had a Compass and a foot-rule, and they cut flax to measure the ground, I left them about one or two p m. On cross examination, tbe witness failed to fix tbe date as the 19th October, stating that it was the 19th November. Patrick Gribben, a station owner, said— I know Happy Valley, which is about 5000 acres ; that run adjoins Evans aad Allen's mn ; one can easily travel from one run to another; I owned Happy Valley run, and sold it to the accused, Ferguson, in 1881 ; some cattle went with the run ; cattle strayed often trom Happy Valley to the Waitaha'river bed ; I often had to go to them. When I sold to Ferguson there were red cows and white ones ; there were cock-horned cattle among those I sold to Ferguson, I have often known quiet cows disappear among wild cattle and not be recovered for months. His Honor observed that ladies were Sometimes fickle. To Mr Perkins: The cow would not come back if someone had shot it. I knew a white faced cow of Allen's ; it is two years since I saw her. I sold a white faced cow to Ferguson. The Court was adjourned at six until half-past seven p.m. The Court resumed at half.past seven. Mr Purkiss addressed the jury for the defence in an excellent speech, in which he ridiculed the idea that persons in tbe material position of the accused, would have stolen an old cow, worth £7. He contended the charge had been made through the jealousy of Evans and Allen who were rival run-holders of the aciused and who were backed up by their zealous servants, Medhurst and M'Keown, the private detective. He ridiculed the idea of persons swearing to the horn 3of a particular cow, and yet being unable to decide where the brands on the animal were aituatjd. The four principal witnesses contradicted themselves, and contradicted the evwence they gave at the Court below. Allen, \he chief witness, was particularly misty, and yet was not particular what he swore to. He had eaten his own words, and what could the jury say to his loose testimony. The witnesses for the Crown weie positive where ordinary human beings would not be positive, and hszy •where certainly was to be expected. They had overshot the mark by positively swearing to the horns: Mr Allen swore positively to these horns in the Court bslow, yet it was a long time before he would do so that day. He asked the jury to say if they could believe men who went. Into the box and swore to tbe boms of a particular beast. Mr Perkins (Crown Prosecutor), delivered an able address to the jury, contending that the proof of the identity gf the slaughtered animal was clearly proved. It was strange that such an animal as the one described by the witnesses, should have suddenly disappeared. The defence had lamentably failed to show that the prisoners had slaughtered their qwn cow. Mr Gribben's testimony was utterly unreliable. If the prisoners wanted to convince the jury that they had killed their own beast, why did they not brine evidence of this ? The defence was really that Messrs Evans, Allen, Medhurst, and M'Keown, were a family party, and had entered into a conspiracy. The family party was on the other side. What reason was there for destroying tbe identity of the beast? Why should the ears be mutilated and the remains be scattered about? Where was the head of the beast ? Where was the hide ? He had a painful duty to perform, and the jury had a painful duty to perform, but in the interests of society that duty had to be performed. His Honor summed up at considerable length. He told the jury that they could not convict Ferguson on the first count. Were the jury satißfied of the identity of the animal ? and did the prisoners feloniously kill it and take it away ? The jury retired at a quarter past ter>, and returned into Court at half-past twelve, with a verdict of " Not Guilty," when the Judge discharged the prisoners,

On Good Friday 1667 passengers bookea fit the Dunedin station,