Magistrate's Court, Queenstown.

Lake Wakatip Mail, Issue 1581, 18 March 1887, Page 5

Magistrate's Court, Queenstown.

Monday, 14tu Marcii, 1887

(Before J. 8. Hickson, Esq., R.M.)

W. M'T.elland pleaded guilty to licing drunk on 13th instant, at Queenstown. and (it being the Second offence uithiu a short time) he was tin.l 5s with costs, or in default of payment, 21 hours' inipiisouineiit iu Arrowtown gaol. LARCENY. Walter ami Arthur Birchall were charged, on the information of Sergt. M'Leoil, with haviiit on or about thesth Much instant, at Kinloch, killed oi e steer, the propeity of R. C. Brysiir, with intent to feloniously »ake and carry away the same. At the request ofgt-rgt M 'Lend* (w ho comlmte d the case foi the prosecution) the name of Aithnr Birchell was struck out of the information with a view to a fresh charge l«eim< brought against him as an accessory. Mr P. Finn (Invircargill) appeared on behalf of a ecu red.

James M'Henry, bushman, Kinloch, who resided within aU.ut a mile of accused's residence, deposed, to hating, on the sth instant, seen ac-u«ed dining his own bullocks on the tlac at Kinloch, tinongst tthl. h was a small licast.. Witness made a remark about the latter to IV Fern -who was with bim - and then went and told 11. Bryant that accused u is diiving his father's steer with the bullocks. 11. Bryant said that his father's steer was missing, ami about an hour and a-iialf afterwards witness went with him to Glacier Creek where they saw n bullock dead in the bed of the creek. They wetc two bullet wounds iu his head »nd his throat ■• is cut. Witiuss saw the brand on the hcaM of Mr Bryant— namely, " R.C.8." on the off rump. I). Ferry. J. Mtleary and 11. M"Bride weie also present. On returning the party met accused and Arthur Birchall near the tramway, and all went to Bryant's Glacier Hotel. At the tramway heard accused, who was speaking to Bryant, say '" I did it; yon had better let nic pay for it," meaning—as witness understood—that he had shot the bullock.

Cross-examined—l don't know that accused lias any other cattle besides working bullocks. It was about, half-past 10 o'clock on the morning of the . r >tli that I saw accused driving the cattle, and I saw the steer dead at 1 o'clock. 'lhere arc no wild cattle about the neighborhood.

D. Ferry, saw miller, Kinloch (who was reprimanded for giving his evidence rather reluetatitiy), corroborated the evidence of previous and further averred that he identified the dead beast in question—and called "Sandy"—as the property of |{. (J. Bryant. On returning home witness heard K. ('. Bryant, in reply io accused, say tint he had found his bullock. Accused said that he would settle for the bullock, ?.s he had clone it : that be was soiry for it. but would settle with him (Bryant) for it. (His Worship—Why diii you not say that before without all tins trouble?) I fon-ot it.

.1 |{. M'S.'icarv, l'U«hm.in, Kinloch, deposed to having heard two shots li red on Ihe inon.tig of the .1 th ii.stun l , :<Li»ut II o'clock io the direction of Clavier Creek. Be«i '••- corroboralive evidence witness Io aid R. ('. Bryant saj in reply to accused alter return from Glaehr Creek—that he hud found hi" bull•* k dead. Accused said he did it. and would pay for it. He said also that he could not •j.it any meat : that he could start e himself, but In- could not see the woman and children starve. \\ itin.v. !iad known accused citht or nine years before goilij! to the Head of the Like; accused hid a double ham 1 tun on the oth iust. l'rosse\,i:,,ir-(| -I knew accused very well when he resided at the h!l«>w. His character had been

v. rv co-mI. I!. 11. I'.rvant, son of 11. C Brvant, Kinloch, besides eorti.bor.itive c\idence, ihposi.l to havinc, on the otii instant, gi up the fl it to look for his fa'.bei's two-year old nil and while steer, branded as previously described, and win 11 he found dead in the !hil ot Glacier i v> -i k ; nobody was with loin at the time he found it. When coing he met Artht.r Birch.l). who enquired if he (witness) had seen one of tin u i l>ii. I,,ui'.>) bi.il• cks. Witness t ild hi» f.itler of ti.e d.a'ii of the steer, and aftei wards weni back wish bis latin r and previous witnesses to look at the steer. Go til n return net a-cUS'-d and Aii'niir Bit.hill. His lather said, in r pK to accused, that he had found toe steer wi h t .vo hiiikt wounds in his head aid Irs tlnoit cut. Accused said he hid done it; that he would pay for the bullock if witness father said in.th'ni! about it; but ih-litter said he wotin! not. Accustd had a ii....! !.'-ii.nrcl gun. U. i'. I»i \.mt. li'itclke-per, Kinloch, besides L'iv in. r .' cot p> bo rat ue evidence, deposed to having known accused aliout twelve months ; that when g.iog up with bis «>n and otln r to Glacier Creik he nut p • u-el, who said in t'piy to a question, that In had not seen witness'slier. Witness, in re|lc t acensi d. snd that he wanted the steer, as lie i tc ide.l Io kill it ; ais>, in tin tin r reiily, that accucould have a ;«:•: tcr of it. The party w.i.t in s-areli of the st'-cr, s unetimes going in ditFcre.it directions. A short time after met Arthur Birch ill. who said he 1... I not .■••vi\ the steer, and Bluntly afterwards his son came back with some information, and they went into the bed of the creek and saw the steer dead, with two bullet wounds in its h'-ad and its throat cut ; :t hail witness' brand, "R.C.B.'oii the off rump. They after** ards met accused ami Lis brother Arthur. Accused, in conversalion, admitted having killed the bullock and ph ■'. led for mer-v. Witness could not say all the words that passed between them. Arthur Birchall said nothing. When at Kinloch the same afternoon accused asked witness to compromise the matter and to (jive him a receipt, which witness refused to do. Witness repotted the matter to the police ; he had several other cattle on the flat. Cross-examined—l cannot say what was the value of th-steer. J dm Burrows, constable, stationed at Queenstown. dep"Bed to having, according to instructions, gone to Kinloch, when he went on 7th instant, in company with previous witness and son, to see the carcase of a bullock that had been killed. We could not tind it (continued witness), ami 1 returned to Bryant's hotel where I saw accused, and with whom I bad a conversation in the evening. He asked the tirl to biing in some tea and asked me to take some, winch I declined, but sat down at his request. Daring the time accused said —" I wish we could make some arraiiuctnen 1 about Sand.." lie said "Can't we make some arrangement about Sandy" (meaning Li.e steer). Bryant said " What arrangei."."tit can we make ; Sinily is gone?" Accused said you where Sandy is.'' Brvant said—" Where is lie?' Accused replied — "111 the bottom of the lake, but if you agiee to make arrangements Til show y m a piece of him.'' Bryant said— '* What piece':" Accused replied —" The hind quarter," The three of us then went to sec the hind quarter. When about half a mile from Bryant's house we met Arthur Birciia) coining down the tramway. Walter said something to Arthur and the latter turned back. We all went up the tramway nearly to Ibrchall's house, when Arthur turned off the line and .»e all followed him. We went down about 100 yards to where there war, a swamp. Aitimr began to take off "his coat. He said tome "You had better not come; you will eet wet." J said " It does not matter ; Til go." We walked thiough the swamp and out into a lagoon, when Arthur began to trope about with his hands. He pulled up a piece and brought it to where Bryant and aci ~se.l w here standing. Bryant said " That is nut the piece Walter agreed to show me." Arthur then said -"I. I can fhow you the head will you th.-.i make arrangements?" Bryant replied "I'll tee." Arthur then went into the swamp again. He felt about in am,tin r part of the lagoon, and pulled up a hae. with a cull's head in it, and pulled it down to wlice Bryant and accused were Hiding, and at kod if that would do. Bryant said it was too dark to see it. Aithur then said "I'd take it down to Bryant's hou-e," which he did. Winn we arrived at the house 1 arrested both the Birchalls. Afternoon sittings. . \V. sergeant of police, Qiuenstown, deposed to having proceeded to Kinloch am! taken possession of the head of the bullock to having taken off the skin (produced), and to two bullet wounds, and the finding of one bullet produced.

Accuscil told witness that he would not have committed the deed (meaning appaieutly the killing of hullockj only that he was hard up. For the defence. Arthur Birchall, woodcutter, Kinloch, Head of the Lake, deposed that he saw accused (his brother) on the sth instant with bullocks, going to work. Did not see him with a gun that day till 11 o'clock ; never saw him use the gnu. Next saw him about half an hour afterwards when he had no gnu. Never heard any shots fired. Witness was looking about for a missing bullock. The first thing he knew of the steer being shot was when Bryant and his son came up the flit looking for cattle. Accused first told witness of the steer, and of its being buried. Witness had nothing to do with the shooting of the animal. Cross-examined—l knew on the «ame morning (Saturday) that my brother shot the beast, and that he would j.'et info ti-'.uKlc o*er it. This concluded the evidence »nd the Magistrate was about to convict accused to Duncdin, when Mr Finn asked th it he might lie committed to Invercaigiil, as su li a step would offer facilities for accused in m iking his defence. If is Worship—l have the interest of the Crown to i-onsider, Mr Finn, and as other coses are to be tried at Dunedin, it will be bss expense for the Clown. Accused is therefore committed to take !»ia trial at the Supreme Cou it sittings fco beheld at Dunedin on the 4th of m-xt month. Mr Finn—That will be mmh less convenient for accused's witnesses, übo live in Southland. 1 have always found at other places except Queens town that the prisoner's convenience in such matters was rongideied first. I now wish to a;k that accused may be iet out under the First Offenders Probation .Act. Mis Worship—l must decline to do anything of the sort. Fur my own part 1 could never understand the good of the First (iffendeis I'robation Act, which I think is a very stupid Act. Mr Finn—These remarks, coming from a person whose chief duty is to administer the laws, are not very complimei tary to the legislature. However, one need not be greatly surprised at anything he hears or sees in the Queenstown Court, and these words of wisdom from the lips of vour Worship are of course superior to the combined wisdom of Parliament. My client can get bail to almost any amount, but we shall have to go to Southland for it, and I wish to be saved the expense and trocble of so doing. His Worship— I can't help that. I shall certainly not let accused out under the Act, but am willing to admit him to bail, himself in £IOO and two sureties of £IOO each.