ALLEGED CATTLE-STEALING

Greymouth Evening Star, 11 September 1931, Page 2

ALLEGED CATTLE-STEALING

F. J. TIBBLES CHARGED. The hearing was commenced in the Magistrate’s Court to-day, before Mr. W. Meldrum; S.M., of a charge of cattle stealing, involving two cattle, against Frederick James Tibbles. The two beasts alleged to have been stolen were a yearling bull, valued at £4, and a two-year-old steer, valued at £6, and each was the property of Mrs Kate Moore, of. Stillwater. The date of the alleged theft was August 28. Tibbles was represented by Mr. 1. r. Brosnan; and the case for the prosecution was handled by Detective Sergeant T. D. Holmes. Mrs. Kate Moore, farmer, ot Stillwater said that in addition to a small farm at Stillwater she had grazing rights over some land at Stillwater Creek. She owned about thirty cattle in all, and during the winter had been grazing about thirteen of these at Stillwater Creek. She had not given accused, nor anyone, permission to take cattle from Harper’s paddock, nor had she authorised anyone to drive her cattle up Stillwater Creek, as far as Maori Gully. Six of her cattle were missing, including the two described m the charge, a red and white bull known as “Tommy,” and a black yearling, valued at £6 and £4 respectively. Both animals had been bred by wit-

n(3ss. ♦ To Mr. Brosnan: The farm which she owned was at Arnold Bridge, a distance of half a mile from Harpers paddock, at Stillwater. The property over which witness held grazing rights was all situated at Stillwater Creek. The black bull and the red and white bullock were with the thirteen cattle on the Stillwater Creek property A boy used to inspect the cattle there about once a week. The thirteen cattle could wander up or down the Creek, but did not usually do so. At various times, but not this winter, cattle on the grazing land had wandered down the creek as far as Stillwater. Witness did not know whether other cattle besides her own were kept at Stillwater Creek. She had no knowledge Of any of Tibbles’ cattle ever being kept in the creek. Witness did not personally go to Stillwater Creek to inspect tile cattle, and had not seen them since they had been taken iroin the freehold farm. * To Detective-Sergeant Holmes: Ihe cattle were under the care of her two sons, Frank and John, and all that witness knew of the cattle being stolen had been received from them. Her ec-vidence was that the cattle weie.hei property, and that no one had a right to take them. Peter Hassan, aged, 9 years, said that on Friday morning, August 28,, his mother sent him to Mrs. Moore’s, to tell her that her cows were in Harper’s paddock. The cows had been put there by some of the boys, When witness was on the way to Mrs. Moore s he met someone riding a horse. He did not know the man, who had two dogs with him. Witness had known Moore’s cattle a good while, and knew tho red and white steer well. He had seen tho steer in Harper’s paddock that morning. To Mr. Brosnan: Witness had often seen the red and white steer which had been in Harper’s paddock before, and ho had never seen it on the road outside the paddock. There had been eight cows in the paddock, all belonging to Mrs. Moore. The colour of the horse that witness had seen ridden on the road to Moore’s was a light brown. The man had been wearing an overcoat. Hugh Hassan, aged 7 years, of Stillwater, said that ho had seen Moore’s cattle on the road on the Friday morning. Witness put the rail up on Harper’s paddock, and after that had seen a man with a horse in the paddock. Margaret Hassan, married, residing near Stillwater bridge, said that she sent her son Peter to Mrs. Moore’s. Witness, from the verandah of her house, had seen Moore’s cows going down the road. Someone, she did not know whom, had turned the cows back, and the cows then went into Harper’s paddock. She had sent two of her sons down to put up the rails to keep them in the paddock. A little while after she had seen a man on horseback with two dogs. The man had no cattle with him, and then witness had thought that the man had come down

Ihe road at. such a pace that he jumped the rail. The man had then ridden to the far end of the paddock. The dogs had not been used to drive the cattle, but tho man drove them himself with the horse. After driving the cattle across tho creek, the man came back

across the paddock, and Hugh Hassan said “good day’’ to him, and the man had answered. Witness did not know the man, and would not know him if she saw him again. The dogs were of a light yellow colour. Witness knew some of Moore's cattle, and her children had been down at Moore’s almost every (lay, and Peter knew most of Moore’s cows by their names. Witness had counted eight beasts in Harper’s paddock. She did not know how the man had left the paddock, but he had afterwards gone towards Stillwater bridge. Thomas Harper, blacksmith, of Stillwater said that he owned a paddock on the North side of Stillwater Bridge. He had met accused, but accused had ,no authority to remove cattle from his paddock on August 28. To Mr Brosnan: Witness usually kept his horse in the paddock, and the horse had been in the paddock on August 28. He had not seen Moore’s cows in the section, and what cows were in the paddock were not there with his permission. Cattle might be able to wander through the creek, although there was a six foot drop, but no stock that witness had in the paddock had ever strayed in thAt manner. i

To the Detective-Sergeant: The fencing that was around the paddock had been sufficient to keep in any stock that he had grazed there. Gordon Maher, aged 17, a resident of Stillwater, said that on August 28, he had been in a boat on the Stillwater Creek. Witness knew Tibbles by sight and had seen him that morning riding on a light brown horse across the Stillwater Bridge and he had with him two yellowish-coloured dogs. When on his way to the boat, witness had seen Moore’s cattle, which he knew fairly well, in Harper’s paddock. Witness had left the creek about 12.30 p.m. and he then saw no sign of any cattle. To Mr Brosnan: Witness had taken particular notice of two of the cattle, which he knew belonged to Mrs Moore. The cattle had been in the blackberry bushes.

Michael Hallinaii, miner, residing at Stillwater, said that he owned a few head of cattle. On August 28, from 10 to 11 a.m. he had been cutting blackberry near the Stillwater Bridge, on the opposite side of the creek to Harper’s _paddock. About 11 a.m. witness heard the barking of dogs at the back of Harper’s paddock. He could not see what was going on with the pad-

dock, but after the dogs stopped barking witness had seen a man come out of the paddock, down the road, across the bridge, and then under the bridge and up the creek. The man had been riding a bay horse, and had two. dogs. Witness had seen the dogs on Tibbles car. He had seen accused several times, but did not know him to speak to. After seeing the man go up to the bridge witness had gone to a corner of the creek and had seen the man driving the cattle up the creek. Witness had followed the man along the bank, cutting green feed. He had seen the man driving about seven head of cattle and two others were following behind. The cattle that the man was driving were Moore’s. He had noticed a red-and-white and two black-and-white steers amongst them. To Mr Brosnan: Moore’s cattle had often come down the creek, but he had never seen them as far down as the road. Witness was about 15 yards away from Harper’s paddock, but blackberries had obscured his view. There was an open track leading by the creek to Maori Gully, and anyone had a right to use the track. Witness had noticed that the cattle the man was driving were a mixed lot.

Frank Moore, 13 years of age, said that during the winter he had been looking after the cattle running on the land up Stillwater Creek. The cattle were often to be found about one or two miles up the creek. Occasionally they came down the creek as far as the' bridge. He remembered on August 28. seeing Peter Hassan, and then going to Harper’s paddock, to bring the cattle home. On arrival there witness had met Mrs Hassan, and as a result of what she had told him, went with his pony up the Stillwater Creek to search for his cattle. Witness went up the creek for a mile and saw cattle, horse, and dogs tracks. Witness’s horse then cast a shoe, and witness returned. On the morning following witness again went up the gully, ,saw the tracks again and followed them right up to Maori Gully a distance of six or seven miles. The tracks were plain all the way up. Witness found the tracks where the cattle had been cut out and followed one lot of tracks and found seven head of his cattle. He

had searched for more and then returned home with those seven, coming by the main road. The cattle were all branded “CA.” During the winter all the cattle were to be found together as a rule usually between Stillwater Bridge and a point a mile or two up the creek. Prior to August 28, witness had not seen the cattle for about three weeks. They had then been in the vicinity of the Stillwater Bridge. Witness had seen no other cattle than Moore’s in the creek for two years’ and he did not know where Tibbles’ place was. To Mr Brosnon: From the tracks he followed up the creek, he could not distinguish how many head of cattle there were. He did not know whose property the cattle were found on at Maori Gully.

John Moore, aged 18 years, said that at 8.30 a.m. on August 31, acting on instructions received from the police, and in company with Fred Fletcher of Ngahere, witness went out in search of cattle that had disappeared on August 28. They had gone to Maori Gully and there found traces of four beasts which had apparently come from Kokiri, along the Maori Gully track, turning sharply to the right after reaching the bridge. The hoof marks were large and it was plain that one was that of a very large bull. Those tracks were followed to the top of Stillwater Creek, about where it is joined by the Waimea Creek, and there were traces there of where cattle had been cut out and the four beasts previously referred to had apparently been joined by some other cattle. The footprints of the cattle that joined the four were small. There were also horse •and dog tracks. The tracks had later been followed up Maori Creek way, and the marks were tracked right to the gate of Tibbles’ homestead.

(Proceeding).