ALLEGED CATTLE-STEALING

Greymouth Evening Star, 12 September 1931, Page 5

ALLEGED CATTLE-STEALING

TIBBLES COMMITTED FOR TRIAL The charge against Frederick James Tibbles of stealing two cattle, the property of Mrs K. Moore, of Stillwater, was Continued at the Magistrate’s Court yesterday Afternoon, before Mr. W. Meldrum, S.M.John Moore, continuing his evidence, said that if he were removing cattle from Stillwater to Maori Gully he would use the Main Road through Kokiri, in preference to the road. The last time that he had seen the cows was a fortnight before the alleged theft. At that time there was a

strange cow amongst Moore’s herd, and this belonged to a Mr. Hogan, Moore Gully, who told witness that he had lost one. Apart from this one cow, and the three belonging to Mr. Hallinan, witness had never seen any strange cows at Stillwater Creek. So far as witness knew, Tibbles had no grazing rights, at Stillwater Creek. The tracks that witness had followed seemed to be made by about nine or ten beasts, which meant that at Stillwater Creek six beasts appeared to have joined the four already tracked from Kokiri. When witness and Fletcher had tracked the marks to Tibbles’, they had gone in and interviewed Mrs Tibbles and George Tibbles, telling them that they were searching for cattle. Accused was not there. The matter had been reported to the police and. on the next morning witness, and his brother and Mr. Fletcher rode past the Tibbles’ homestead. They had seen the accused in the cow-yard, about a chain and a-half away from where witness was passing. Accused could have called to him if he wished. Further on, they had noticed Tibbles watching them from the top of the hill. Witness and his associates searched until about 5 o’clock and then had been notified that a black bull, which witness recognised as belonging to his mother, was on Tibbles’ property. The bull was branded CA. TShe bull had been running with four other cattle, a bull and three cows. Witness could have identified the beast even without the brand. Witness also knew r a red-aud-white steer which was missing. If there were any stray cattle in Harper’s paddock it would be an easy matter to cut them out as the paddock was quite level. On September 11 witness assisted his brother to search for cattle near Tibbles’ property, and an extensive search had been made of the Stillwater Creek, Maori Gully, and anywhere where the missing cattle were likely to have strayed of their own volition, but no trace could be found of them. To Mr. Brosnan: The country in

from the Stillwater Creek was bush country, and if cattle disappeared there it would be possible to find them, because one would be bound to come across the tracks. Witness had searched the bush on September 3,4, and 5, alone. Witness’s brother attended to the cattle on the grazing reserve but witness had seen them last, when he had to go up the. creek to cut timber. He did not count the number he saw then, but* estimated it as ten or

twelve. He had noticed no cows missing and had noticed a strange black cow, which Mr. Hogan told him he had lost. Witness did not know whe-

ther Tibbles possessed a black cow. That cow was the first stray that had been known in the creek for over a year. Witness .hafl been on the farm

for two years and had never known any of Tibbles’ cattle to stray down creek. When the black bull and the four other beasts had been taken, it was with the permission, after an argument. of George Tibbles. Witness had not described to George Tibbles, the first time he met him, the stock that was missing. To the Detective Sergeant: He -was acting under the instructions of the police when he took the black bull and the four other beasts from Tibbles’ property. Fred Fletcher, farmer, Ngahere, said that on August 31, September 1 and 2, he assisted in the search for Moore’s cattle and on the- first named date tracked cattle from Stillwater ,to Maori Creek, the marks leading to Tibbles’ house. The next day they had passed Tibbles who said that if

the two that called the day before, wanted to see him, they could do so down at the paddock. The next morning he had rode past Tibbles’ homestead and had seen the' accused in the cow-yard. Tibbles had not called to them; he could easily have done so. Witness gave corroborative evidence of the vain searching for cattle in the neighbourhood of the creek. Witness and William Moore had, on September 2, given Tibbles a ride in a car, and he had made no mention of having one of Moore’s cows on his property. To Mr. Brosnan: Witness had not previously known Tibbles. The first occasion on which he had visited Tibbles’ farm, accused had had a chat with him, and told witness where he could be found if anyone wished to see him.

To the Detective Sergeant: He had lost one beast himself, and was looking for it. William Moore, miner, residing at Stillwater, and a son of Mrs Kate Moore, said that on September 1 lie was engaged with others searching for six missing cattle in the vicinity of the Tibbles homestead at* Maori Creek. Riding past the house the next morning he had not -seen Tibbles. About 5 p.m. he-came across a small black runner bull, the property of his mother and which witness had branded last Easter.-' While searching for his brother, after finding the cow, he had passed Tibbles on the road. Both had spoken. Later returning from Maori Creek by car, they had stopped and questioned Tibbles regarding a missing dog, and had given Tibbles a ride. Accused had madie no mention of cattle. Later, in the evening at the Police Station, witness asked accused

if he could assist in the finding of the other missing cattle. Accused had suggested where one cow might be, and named a place on the Stillwater Creek hillside. Accused had also intimated that he had brought some of his own cattle from Stillwater and that they were now down at New River. ' The day following a search had been made of New River, but no cattle could be found.

To Mr. Brdsnan: He had not known Tibbles prior to this. Detective Sergeant T. D. Holmes, giving evidence, said that.following a complaint made regarding the disappearance of six cattle, inquiries were made and about 5.45 p.m., on September 1, he*' had spoken to accused and said, “I believe you have been getting away with cattle. How many have you on your place that don’t belong to you?” Tibbles had replied, “Five; four belonging to George Blair, and the other to these men,” pointing towards Moore who was standing near.

Accused had then hurriedly said, “I don’t know whether it does or not.” He had stated that he had only heard the night before that Moores had lost any cattle. Witness had told Tibbles that he had seen the Moores and knew they were looking for cattle and Tibbles had replied that he had not spoken to them. Witness then said that he had told Tibbles the police theory of the theft, and that he was going to arrest him, and warned him that he need not say anything unless he liked, and'that everything he did say would be used in . evidence. Witness had taken accused to the Police Station and told him that he would be charged with the theft of the run-ner-bull. Witness had asked accused where cattle could be found and ac-i cused had not replied. Witness had then told Tibbles that he had jumped his horse into Harper’s paddock and Tibbles had denied jumping. Asked his idea in coming back on to the road instead of following the cattle, accused had said that the horse could not go where the catfle went. Witness later examined the fence at the paddock and found the place where the cattle had gone through. Accused had said that two steers belonging to him had been in Harper’s paddock when he put Moore’s cattle out, and accused had also said that he considered the Creek route the nearer to Maori Gully. Accused said that he had left the cattle near the creek and had gone to Kokiri for four more cattle. Witness had asked accused where he had got the steers from, and accused had said that he had had them for a long time. ''Moore had told Tibbles he could not have mistaken the bull, but Tibbles said he recognised the beast and was unable to cut him out.

To Mr. Brosnan: When witness had asked accused why he had not taken his two steers by road to Kokiri, he may have mentioned having to pick up another cow at Stillwater Creek. At Harper’s paddock cows could go out but not a horse. Witness agreed that the country was very rough and very difficult to search. No trace could be found of the red-and-white steer mentioned in the charge. Tibbles pleaded not guilty and was committed to the Supreme Court for trial. Bail was granted, in two sureties of £lOO each.

Mr. Brosnan asked that his objection be recorded against the case being heard at the next sitting of the Supreme Court, only four days hence. He submitted that in the interests of justice the case should be held over until the session following the hext. The S.M. pointed out that the request must be placed before the Supreme Court. He had no power to deal with it.