CATTLE STEALING

Dominion, Volume 14, Issue 299, 12 September 1921, Page 7

CATTLE STEALING

TWO MEN CONVICTED JUDGE’S STRONG COMMENTS ON ACCUSED’S EVIDENCE From Our Own Correspondent. Masterton, September 10. Roy Wilmhurst, drover (18 years of ffge), and Roy Baleup, stock dealer, wero brought before His Honour Mr. Justice Salmond on Friday afternoon to answer Rie following charges:—(l) That on or about June 30, at Waingawa, they stole seven heifers, owned by Frank Price and valued at £7O; and (2) that on or about Juno 30, at Waingawa, they stole two 7ie~OTs~and two cows, owned 'by Henry Mortgomery, and valued at £lO. Mr. H. E. Hart appeared for Wilmhurst, and Mr. S." J. Moran for Bateup. Mr. 11. R. Burridge conducted the case for tho prbwn. The hearing of the case was continued throughout to-day. - Tho evidence for the prosecution was identical with that given in the lower court. Briefly, it was alleged against the accused that late at night on the date In question they removed seven head of cattle from Price’s farm and four head from Montgomery’s farm. Eight of these were consigned to Abraham and Williams, Feilding, as a lata entry from Bateup. Tho cattle were offered but were not sold. Frank Hill, Abraham and Williams’s - agent, telephoned to Bateup and asked .him what he was to do. Bateup told' Hill to keep the cattle for private sale at £lO per head, and said he had bought six of the heifers from Samuel Trass and tho two others from the W.F.C.A. He also mentioned that ho had eight other cattle which ho had bought from a man named Hamilton. In the meantime, the cows hnd been missed by their owners, and inquiries resulted Tn . tho eleven animals being recovered, three of them from a paddock at Aukra, near Masterton. The police made inquiries for Hamilton, but could discover no man answering to the description later given by Bateup. ' Constable Phillips said to-day that Bateup alleged Wilmhurst offered td sell him Hie cattle, which had been given him in lieu of wages by Montgomery. 'Wilmhurst, on the other hand, said that hd was only acting as drover for Bateup, who told him the cattle were Ins propertv. Wilmhurst further alleged that Bateup threatened him whilst in v\ ellington that unless he owhed up to bavin"’ signed a confession showing _ that Bateup purchased the cattle from him he would get into trouble. Mr. Hart called evidence to show that Wilmhurst was, only acting as a drover for Bateup. Copnsel contended ■ Wilmhurst had been coerced.- by Bateup. His- former statement could not be relied upon; ho had been to school until he was 14 years of 'age but had only su ceeded in passing the second standard On behalf of Bateup Mt. Moran contended 'that he was not concerned theft as he had purchased the cattle good faith from the other *? c J [S * d - ... b The jury returned a verdmt of IB 1 - in each case with a recommendation for mercy in regard to Wilmhurst count ofihis mentality and age. 11 e Judge wilj pass sentence on Monday.

A Press Association message states: Mr. Justice Salmond said that this was the first-time in his experience when an accused person had had the “ssnranco-not "y the audacity-to grf into'the box to try to make the jury believe him an tanoeent man, when two written confessions had been handed in. Both. admittedly Mars, continued Honou - and Bateup on his own cohesion va. ■nrt only a liar, but a forger as Well.. Ho forged documents, told lies. the’police. Wilmhurst in tiro formal ad missions had confessed his guilt-