THE CATTLE AND HORSESTEALING CHARGES.

Hawera & Normanby Star, Volume XX, Issue 2429, 17 May 1893, Page 2

THE CATTLE AND HORSESTEALING CHARGES.

Ac the B.M. Court this morning John McLean was brought up on remand charged on a series of informations with horse and cattle-stealing. Messrs Major and Fantham were on the Benoh; Mr Barton appeased for the prosecution, and Mr H. S. Fitzherbert for tbe accused. Mr Barton applied for a further remand for eight days. Mr Fitzherbert strongly opposed tbe remand. There must be some evidence given. At present none had been, and the accused knew nothing of what he was charged with. It might be true that some cattle had been stolen, bat there was no evidence to connect aooused with the theft, and under these circumstances tbe accused was entitled to be discharged unless some evidence were brought forward. There was ample authority for that contention. The Bench asked Sergeant Stagpoole to go into the box, and in examination he said be had had charge of the case from tbe outset. He was not prepared to prooeed that day ; and had stated at the last remand probably he would not be prepared. The police bad worked bard to colleot. their evidence, but had not been able to do so, although some of the smartest men in the colony had been at work upon it. Cross-examined by Mr Fitzherbert, witness said he had obtained some evidence. Why do you not' produce it ?—'l did not see tbe use of bringing witnesses 20 miles when tbe oaße could not be prooeeded with. Mr Fitzberbert said he had come 100 miles; and the police seemed to think they had a right to do as they pleased without consulting the interests of the accused and his counsel. Tbe Benoh had no right merely to consider the police and prosecution. However, he understood that the police bad some evidence. The Sergeant — Yes. Mr Fitzherbert— What iB that evidenoe ? Mr Barton objected. Mr Fitzberbert.olaimed that the witnesß having been called was in his hands. Mr Barton said his friend wanted a look into the brief for the prosecution. If that were allowed he would call his friend and ask for a look at his brief. Mr Fitzherbert said that in that case he would plead privilege. Mr Barton remarked that the sergeant could do the same. Witness declined to- answer- the question unless ordered by the Bench to do so. Tbe Benoh disallowed tbe question. Mr Fitzherbert thought it outrageous that the pohoe should collect a lot of evidence and not bring it forward, but go on asking for remand atter remand, and keeping locked up persons who were assumed to be innocent until proved to be guilty. In any properly constituted court of law if persons were remanded and no evidence brought, then the caae would be dismissed. Tbe Bench said a note would be taken of Mr Fitzherbert'^ objection. They understood that the prosecution declared that a remand was necessary in the interests of justice. Mr Barton said that was the position. Remand granted. Mr Fitzherbert applied that bail be granted. Tbe aooused had been arrested about a fortnight ago, and brought up before two experienced justices, men who bad been nearly all their lives sitting on tbe Bench, and they ordered the release of tbe accused on two sureties of £25 each, himself in £50, and tbe precedent then set should be followed. It was a case where bail should be allowed. He pointed out that up to a certain date justices had no power to refuse bail ; and if they did they could be prooeeded against for undue restraint of the liberty of tbe subject, and though the matter was now quite within the discretion of the court that discretion should be exercised in acco/dance with ordinary rule, tbafc rule being that bail wasgranted in all cases of larceny. This might be regarded in Hawera as one of the most important cases that bad occurred, but it did cot so strike any.p.erson ont of Hawera. He pointed out "that in the caae of Waring Taylor in Wellington, and in that of Holt in Sydney, where the amounts involved were very large, bail was allowed, and it was strange, after an experience in all parts of the colony, they should come to Hawera to learn that bail would be refused in a simple case of larceny. It was not a reasonable thing to refuse bail. This man had a wife and an aged mother to keep, be i wished to prepare his defence, and to j covsult his counsel, but he was denied liberty. Young, too, had been allowed bail, certainly it was ridiculously heavy bail. Mr Barton said he could quite understand his friend talking to the gallery because he was so. very good at that, but he had been very, unfortunate in the Instances be had oitecj. It was ttue that bail bad been allowed in the oaßes referred to, but the action of the justioes had been generally Condemned by thoso competent to offer an opinion on the subject. As to the experienced justices at Palmerston, whose lead should be followed, he would point out that they were so experienced that they had absolutely failed to sign the bail bond, and it was waste paper. Mr Fitzherbert said there was no evidenoe of that. Mr Barton said tbe unsigned bond was in the court before him. Mr Fitzberbert remarked that that was tbe error gf their clerk. Mr Barton rejoined that the experienced justices had at any rate failed to notice the error of the clerk. He oontended that in a case of this kind where the informations led to the belief that possibly there bad been an organised ring at work it wonld be most improper to allow the accused bail, and he was instructed to oppose bail most strongly. The Benoh asked if they understood that it was contended that the ends of justice might be defeated if bail were allowed. • 1 Mr Barton— Certainly ; that is the < whole aim of the objection. .- Mr Fitzherbert said that the objection < to bail was absurd when tbe offence was < one which only involved two years' \ imprisonment with hard labour. { Mr.? Barton said "that was news to him. Mr.' Fitzherbert was surprised at the * objection to bail ; and bo would his friend be if he were on the other side. c Mr. Barton said he might express ear* j prise at anything if he were paid a fee. j Tbe Benob intimated that they were unable to agree on the subject of bail. Aooused was therefore detained in v custody. I Albert Yoang was brought up and £ further remanded, bail being allowed as 0 before, the police not objecting. OPPORTUNITY IS GOLDEN,— PeopIt „ are always wanting something for a change, lerefore, rrhy not try Unom Sill's Ol KoLLed Oats, which, are unrivalled a« a b< breakfast luxury, bejugf most nutritious n and not heating the bjood as in the case of oatmeal. Recommenced for Invalids. C1 Sold everywhere in 2lb packets. it The best Bbhxdy fob Indigestion.— 01 Norton's Cahomilb Pills are confidently ol Becomtnended as a Simple Efemedy for Indigestion, which is the cause of nearly all the diseases to which we are subject. Norton's Pills, with justice called the «0« 0 'Natural Strengthener of the Human " Stomaoh,i" act as a powerful tonic and " gentle aperient, are mild in their opera- : tion, and safe under any circumstances. Sold in bottles at Is lfl, 2s 9d> 11s, by all medicine vendors throughout the world. .< **