THE CATTLE STEALING CHARGES.

Hawera & Normanby Star, Volume XX, Issue 2460, 22 June 1893, Page 2

THE CATTLE STEALING CHARGES.

YOUNG UNDER OROSSEXAMINA

TION.

Wednesday, June 21st, 1893. (Before Major Tuke, R.M.) Albert Young in the witness box. Cross-examination continued—On no occasion did I know where Hunter and Zyleski stabled their horses; I looked after my own horses, and did not trouble about other people's. Mr Caplen—lt would sesm you have donb so.

Mr Barton—Oh, they became his then. (A laugh). Cross-examination continued—l did not see where they stabled their horses at Waverley, bun I believe at Hooper's; after we bad got away from McCarthy's and on to tbe Main South Road, where Hunter and Zyleski caught up to us, the four of us were driving the cattle; do not remember meeting anyone when the four of us were together; I believe we had two dogs; one belonged to Hunter, and one which was borrowed by Gibson from Goodwin, I think, but I am not sure. Witness was cross-examined as to the driving of the cattle to Foy's and the putting of the cattle in the paddock; and in answer to a question said be bad put cattle there before once with the consent of Foy. '

That was when you put Reid's cattle there ?—Reid's cattle have nothing to do with this case. Question repeated. Mr Barton submitted, and the court held with him, that witness need not answer the question if he thought it would criminate himself. Witness was cross-examined as to his doings on tbe Sunday after putting the cattle in Foy's paddock, and tbe meeting in tbe evening again when they moved the cattle on to Waverley. Said he did not know where Hunter and Zyleski stayed during that day in Hawera, but they joined him again in the evening. As to Waverley, he lepeated, under crossexamination, much of the evidence given in examination in chief. He was pressed on a statement that he did not know what time he got the oh6que, tbe proceeds of the sale. He said be knew it was in the afternoon, but could not fix the timeCounsel put it to him that be had attempted to get the cheque oasbed at the bank in Waverley. but be denied it, and said he bad not tried to get that cheque oashed. What cheque was it ?—lt was not that cheque. Question repeated?—-I do not think other cheques have anything to do with this case. Mr Caplen pressed for an answer to the question, and a quarter of an hour's discussion ensued between counsel and the Bench. Eventually the Bench ruled that if it tended to oriminate him witness need not answer, and Mr Caplen tried to get witness to say he would not answer on that ground, but the only answer was that he would not reply because he did not think the present case bad anything to do with other cheques. He had not tried to cash in Waverley the cheque for these particular cattle that Gibson and he had driven to Waverley. The cross-examination turned on the visit to Wanganui, and witness stated that as soon as they arrived there Hunter and Zyleski went off together and he did not know where they went to; but they met next day in the Avenue; the cheque was cashed and the money divided, and Hunter and Zyleski again disappeared. After he come from the bank with the money he joined Hunter and Zyleski and Gibson, and Anderson and Spriggios were there at tbe same time. They all had a drink together at the Rutland, and then the four of them parted from Anderson and Spriggins and divided the money. Each got £20 odd. Will you swear you did not give Gibson something like £i 9 ? —No. I ODly gave him £20 odd. Will you swear you did not give him only £5 ?—_!2o I think I gave him. How long had be been drivmg for you ? —Driving for mc ? How long had he been with you ?— From the Saturday. Pretty good pay for that short time ?— It was if he was working for mc. After further cross-examination— Will you swear positively here on oath that there are any such persons as Hunter and Zyleski ?—Yes, there are. And they were with you ?—They were with mc. Mr Barton did not re-examine. Philip McCarthy gave evidence similar to that m the previous case, In cross-examination he,testified to his knowledge of Gibson since the latter was a boy, and gave him a good character. He had never heard anything wrong about him, He had heard of Gibson being engaged as a drover. Francis McCarthy, son of last witness, detailed recovery of two steers belonging to his father from Foy'a paddook. Peter McCarthy's evidence was similar to that already given. Mr Caplen asked that John Apderson might be recalled. John Anderson (to Mr Caplen)—No one went with Gibson, Young, and himself to have a drink at the Rutland; am certain no others went; after leaving the Rutland only the three of us went out; if it was said that five or six went over to the Rutland he would say it was a lie; there was no one, so tar as he could see, closely watching Young. Mr Caplen addressed the court on the evidence, contending that there was no case against Gibson. Both defendants were committed for trial.

Thursday, June 22. The hearing of the charge of stealing cattle from Philip McCarthy, which was adjourned on Friday last, was concluded.

Young's evidence was taken ; and this concluded the case for the prosecution.

Accused reserved their defence, and were both committed for trial.

Bail was allowed as formerly to both accused. Messrs W. Brewer and W. Adamson were bondsmen for Gibson; Young has not yet obtained bail.