THE CATTLE AND HORSESTEALING CHARGES.

Hawera & Normanby Star, Volume XX, Issue 2436, 26 May 1893, Page 2

THE CATTLE AND HORSESTEALING CHARGES.

(Continued.)

John Thuraton, sou of a Waverley resident, saw the MoLeans and Young on the back road, behind Waverley, on Monday, May Ist. Murdoch MoLean and Young weie lying in the flax, and while he was there John McLean came up on horseback. There was a mob of about 16 horses on the road. Murdoch McLean said he was driving horses for a gentleman who had gone on ; that be bad got tbe horses from Kakaramea that morning, and tbat he might take them as far as Turakina tbat day. While witness was there Murdoch McLean caught one of the horses, and saddled it, and rode off for the purpose of finding some borcee, which, McLean said, were missing. I identified one of the horses outside the court as belonging to the mob.

Eobert James Henry, letter-carrier, Wanganui — Lived at Tayfield, about 3| miles irom Wanganui, where he had a paddock on a by-road. Saw Young on Friday, April 28th, in Wanganai, and also on the next day, in company with the two McLeans. The MoLeans were to ride up the coast, and Young was going by train. Saw Young again on the following Tuesday, at Broughton's Hotel, Wanganui. That morning found 17 horses in his paddock, and finding Young at tbe hotel m bed, asked him if they belonged to him, and Young replied that they did. The two MoLeans were in bed in the same room. Young asked him to allow the horses to stay in the paddock till early the next morning. Daring the nipht the horses broke away, but were found again by Young near Murdoob McLean, when questioned by witness, said he wbb not the' owner of the horses, that Yonng waa thehoss, but be thought they would take them to Wellington. The horeeß were taken away from his place during Wednesday. Next saw Young on the following Saturday evening at his housent Tayfidld. Witness' mother said tbat Yoang baa got into trouble over stolen horses. Ye9ng told witness that he had met the McLeans, and had given them a hand to drive the horses. Young further said tbat he had been in Palmerston, and that the police there had taken him for another man named Arthur Young.

By Mr Welsh— Saw nobody with Young besides the two McLeans in Wanganui ; Young did not Bay be was being aocompanied up the coast in the train by anyone.

John Hunt, barman, in the employ of his brother at the Marton Hotel ; saw between 12 and 1 o'clock on Thursday morning, May 4th, the three accused ; came into his bedroom at the hotel and asked for accommodation, which was given them; John McLean and Young went away neit morning, and Murdoob McLean remained there ; saw Murdoch driving a i mob of horses to the sale next day ; Murdoch McLean bad been liviag in Marton during the last two years, except last winter, when he was in tbe Marimotu country ; McLean was arrested just after the sale.

D. G. Tennent, auctioneer, of the fira of Torment and Simpson, Marton — Tbi firm held an auction sale on Friday, Ma; sth ; on the previously, Murdooi McLean gave him (Tennent) the followini letter :— V May.' 2nd, 1893, Messrs Tennen and Simpson.—Dear Sirs,— l wish ti enter 16 Horses- for your sale on Friday lam sending a man with them. I wis! to Bell. I will oall myselt on Saturday I remain, yours truly, J. Hunter, Hunter ville." Murdoch MoLean brought thi horses to the yards the next day; rod< each horse as it was brought out to bi sold, and described the particular point o each horse to the public ; witness gavi a description from his book of the horsei sold, which realised in all £93 6s ; identi fied three of the seven horses outside tbi court as belonging to the mob, bat wouli not be positive as to the identification o the others ; the 1 prooeeds of the sale wen not paid to anyone. By Mr Fitzherbert — Murdoch McLeai had ridden horses previously at his sale and there was nothing unusual in hn riding the horses o,n that day. By His Worship—Did not know of anj man natned J. Hunter at Honterville Had had no such name on the firm'i books. A. A. Fantham, auctioneer's clerk Hawera: Saw the accused Young it witness' father's office on May 9th in th« presence of witness* father, who is.a J.P. and aecoaed'a father, Andrew Young Was called in to his father's office, anc wrote oat a statement dictated to him bj the accused Young. Mr Welsh objeoted to the statemenl being handed in, until it was shown thai it was made voluntarily. His Worship.upbeld the objection, anc Mr Barton expressed hi* intention , not offering any furthei evidence tbat_day, as the evidence of the next witness was very lengthy. Messrs Fitzherbert and Welsh applied for bail. Mr Barton strongly opposed the application, on behalf of the police. After argument, His Worship said no sufficient reason had been shown why bail should be absolutely refused, but he thought tbe bail should be of a very substantial character. Each of the accused would be admitted to bail on his own recognisances of £250 and two sureties of £500 each (or four sureties of £250 each). Each surety to justify. Friday, May 26. Before the cases were resumed chis morning, The Bqeident Magistrate said it seemed to him that tbe cases would last pretty well a fortnight, and hiß other engage, ments wonld not permit of him staying. He had to sit at Wanganni and at PaimerBton in the District Court. Perheps the justices w.ould take up the work. It was explained that next week there would really be only one justice available, and besides, it could not be expeoted that the justices /would give so much time as was demanded of them, - The B M.'said that all he oouia do was to telegraph y to Mfijor Tuke, R.M., and ask him to come from Opnnake. It was arranged ' that none of the cattle cases should be -$aken before Monday at noon. On behalf of Gibson Mr Oaplen applied for bail. Mr Barton did not object if the same bail as was required in other oases was demanded. The application was granted on same terms as in. case of other defendants. The evidence was then proceeded with. Constable Moon, stationed at Marton: ; Was present at horse sale at Marton on Friday, May 5, held by Tennent and Simpson, Murdoch MoLean was there, and rpde the horses at the sale, giving a description of each horse as it was brought into the yard, and instructions to the auctioneer when to sell. Becognised several of the horses outside the Court as belonging to the mob. During the sale his suspicions were aroused on -account of the low prices at which the horses were being sold, and their distressed appearance. Bangi Takarore, of Manaia : Had lost three horses from' his place at Manaia at tbe end of Jast April, and next saw them at Marton.' On the day before be missed the horses nad seen Young driving past tbe pah in a buggy. !Had not given any of the accused authority to take tbe horses'. • } > William Bobinson, half-caste, living near Manaia : Lost two horses on Monday, May Ist, and nest saw them \t Marton in charge of Constable Moon.

The case was at this stage adjourned till 8 o'clook this eve ling, in order to allow of the evidence of A. A. Fantham, senr., being taken, After the luncheon adjournment,' Mr>~ Fitzherbert applied for a redaction of bail in the case of Murdoch MoLean, against whom, he underßtoo3, there wbb only one charge. Mr Barton said there were fonr charges against Murdoch McLean. Mr Fitzherbert;, thereupon, withdrew his application, and asked that arrangements might be made whereby sureties for the two McLeans could be accepted in Marton or Palmerston, where the two accused were well-known.

His Worship said he would look into the question as to whether the bonds could legally be signed in Marton or Palmerston, and announce bis decision ia the evening.