"IMPOSSIBLE TO CREDIT"

Bay of Plenty Beacon, Volume 1, Issue 98, 8 December 1939, Page 5

"IMPOSSIBLE TO CREDIT"

ACCUSED'S STORY

CONVICTED ON TWO CHARGES

"I cannot believe defendant's story of his movements on that day," said Mr A. Coleman,SS.M r in the Magistrate's on Wed nesday, when convicting Henry Evans, a Maori, on charges of having killed a sheep, the property of A. J. Hastie, of Matata, with intent to steal the carcase and attempting to steal a lamb, valued at 30s, the property of Mr Hastie. These two charges had previously been brought against another Maori, Jerry Hirini, who "had been sentenced to imprisonment. The circumstances were the same, said Constable F. M. Fuller, who prosecuted, the two men having been in company on the date to which the charges referred. Mr B. S. Barry represented Evans, who pleaded not guilty. AndreAV John Hastie, farmer, of "Matata, said that he owned 1400 acres of rough country. At about noon on Monday, December 4th, he heard a shot on his farm. He rode back and saw some of his cattle in a very disturbed state.

"I noticed the tracks of horses." continued witness, "and followed them. My dogs started to sniff at the ground and I imagined that someone on a horse was carrying something which was bleeding."

Witness said that he continued to follow the tracks until he came to .-a fence at which a strange horse was tied. There was a lamb with its feet tied together and a luncheon paper on the ground. He also noticed a flash in the ti-trec as someone disappeared in it. "I secured the horse," continued ■witness, "and took it back to my - xiieghbour's nlace from where I rang the police. The police came immedia tely and I accompanied Constable Fuller to the place , where I had found the horse. I saw then that the luncheon paper had been removed. We then followed a horse's tracks and I observed by the hoof marks that the horse was carrying a heavy - weight." Finding of Offal. Witness then detailed how he and the constable had found traces of something having slipped down a cliff-face. At the bottom was the offal of a sheep and also some blood. The offal was still warm and the "blood, was liquid. Further investigation revealed the skin and head of the animal The ear-marks were his. No one had authority to be on his farm, said witness, and he had not since seen the lamb which had been tied up. Under cross-examination by Mr Barry, the witness admitted that he had not seen any blood on the tracks ■of the horses. Police Evidence. Constable F. M. Fuller, in evidence, stated that at 2.20 p.m. on December 4th he received a complaint from Hastie. On arrh T al at the farm Avith tAvo other constables, he and Hastie rode to Avhere the horse had been found. There AA'as no luncheon paper and no lamb but it Avas olwious by the rolled nature of the ground that something had been there. Constable Fuller corroborated the evidence of the previous Avitness about the discovery of the offal, and later, the head and skin of the sheep. "We came back to the house," said the constable, "and Avere met by Con

stable Wigmore who informed me that he and Constable Prater had apprehended a Maori who said he /'was looking for a horse. I asked the man if he had permission to be on the place and he said that he had not. I also asked him if he had a rifle and whether he had fired a shot from it during the day. He replied that he had a rifle and had fired at some deer." Constable Fuller added that the accused had a good Bowie knife in his possession and this bore signs of

4 having been recently cleaned by dig- . ging into earth. Mr Barry cross-examined this witness on the question of blood on the accused's clothing. He also asked the constable if anything was known against Evans. Constable Fuller said that there was nothing known against accused as far as he knew. * Constable R. Prater said that he ■ and Constable Wigmore were watch-

ing in the vicinity of Hastie's house from about 3.20 p.m. onwards. At about 4.45 p.m. they saw a man coming from the opposite direction to which Constable Fuller and Mr Hastie had gone. The man stopped

in front of the house and later rode towards the constables -who halted him and demanded an explanation. Accused had said that he was looking for his mate's horse. On further questioning Evans said that he had fired at a deer that day but had missed. His dogs had stiMted to worry a lamb so they had caught the lamb and tied it up to save it from further injury. They had then gone down a gully after a ewe, which was also being worried by the dogs. Witness produced a statement made by accused at the time of the interview. Constable Prater admitted, in answer to Mr Barry, that the knives produced in Court bore 110 traces of having been cleaned with earth. Constable Wigmore gave corroborative evidence. Reluctant Witness.

Jerry Hirini, previously convicted on the same charges, was then called-. Under examinations by the prosecuting constable, Hirini said that he saw the ewe was injured, so he 'put the finishing touch.' The Magistrate interrupted to tell witness that he was on oath ?nd had to answer all questions without stopping to think whether the answers would be favourable to accused or not..

Mr Barry cross-examined Hirini at some length, and on witness's reluctance to answer, the Magistrate told counsel that if he had requested permission would have been to treat the witness as hostile.

Hirini said, in answer to Mr Barry, that Evans did not help him to tie up the lamb: that Evans did not know that witness had killed the sheep; and that accused had returned after he (Hirini) had slaughtered the ewe. Further, that he had dumped the carcase in the scrub, and had skinned the sheep with the intention of taking the carcase home.

The Magistrate questioned Avitness on seA r eral points and Constable Fuller concluded by maintaining that both the last Avitness and the accused had gone on to Mr Hasti ; e'« property Avith a common purpose. The Defence. Opening the case for defendant Mr Barry claimed that Evans and Hirini had had a common purpose namely the mustering of straying stock. The accused, who Avas at present working for Mr Wray at Matata, Avas a sharemilker and if convicted and consequences Avould seriously affect his future employment as a sharemilker. When the accused had been interA T ieAved by the two constables on the afternoon of the 4th he gave an account of his movements, Avithout hesitation and had still maintained it.

Counsel submitted that accused's actions in returning to Hastie's farm to look for his horse, and his readiness to account for his movements, were not thos« of a guilty man. Moreover no blood had been found on accused's clothes, horse or saddle. The Magistrate: The sheep was killed. That has been admitted. Yet the convicted man had no blood on him. Accused's Story. Evans, in the witness box, said that lie understood his horse had been removed by Hastie. He had returned to Hastie's farm to look for it Constable Fuller: Can you explain how you conveniently disappear at the only time there was any damage done? Evans-: I was chasing deer. Constable Fuller: Is there anything in your statement that is not true? Evans: Not that I know of. Constable Fuller: You swore, on oath, to Mr Barrv that your state ment was correct? Evans: Yes. Constable Fuller: Yoa said in the statement that the rilie from which you fired the shot is yours. Evans: That isn't true. The Magistrate asked several ques tions relating to the tying of the lamb, and how long the accused chased the ewe. Evans said that he had followed his dog for an hour and lost sight of the ewe. His mate had met him about one hour and twenty minutes after they had parted .

Called by the defence, Mr T. Wray farmer, of Matata, said that Evans was employed by him as ad shares milker. He had found Evans to be a consistently good worker and hail guaranteed his accounts with the store and butcher. Edward Jackson, farmer, of. Otnkiri, gave evidence that accused had been employed by him for 12 months at one time and for a period of three and a half years intermitently. He had always found Evans to be honest.

Conviction and Fine. "Frankly, I find it impossible to believe the defendant's story of his movements on that day," said the Magistrate. "It is impossible for rac to credit that in one hour and 20 minutes Hirini could tie up the lamb, disappear on Mr Hastie's approach, catch the ewe, kill and skin it and carry the carcase some distance into the scrub. I am quite convinced that the two acted together. "It is not the policy of the Court to treat these sort of cases leniently unless there are exceptional circumstances. In this instance, however, the defendant has no previous convictions. Accordingly he will be convicted and fined £5 on the first charge and convicted and ordered to come lip for sentence if called upon on the second." The" Magistrate made an order against Evans for the payment of £1 to Mr Hastie.