SUPREME COURT

Manawatu Standard, Volume LVII, Issue 197, 21 July 1937, Page 10

SUPREME COURT

ALLEGATION OF THEFT. SHOOTING OF TURKEYS. Charged with the theft, on February 28 at Hunterville, of 24 turkeys valued at £l4 Bs, the property ot James Bull, and also with receiving these turkeys 'well knowing them to have been dishonestly obtained, five men, Cecil John Warn, John Vincent O’Reilly, Harry Byers, lan Hamilton Byers and Noel Thomas Hannan, or Palmerston North, pleaded not guilty and stood their trial before His Honour Mr Justice Ostler in the Supreme Court at Palmerston North to-day. Mr G. Crossley appealed for Warn, Mr D. C. Cullinane for O’Reilly. Mr J. M. Gordon for Hannan and Mr A. M. Ongley for H. and I. H. Byers. The jury were empanelled as follow: —Messrs J. H. Hick (foreman), J. Edmonds, J. Holland, M. Petrie, H Winks, A. R. Treleaven, W. Pearson, G. H. Dawick, F. Lucas, G. G. Weller, H. A. Mitchell and L. I. McMr H. R. Cooper (Crown solicitor), who conducted the prosecution, said he anticipated the defence - would be that accused honestly believed the turkeys to bo wild turkeys, but he would leave it to the jury to decide whether there were such in New Zealand. Evidence was given by James Bun that all the turkeys on his property had been bred by himself, and last spring he had counted roughly iib in small groups. At Christmas time Is del per lb could easily be secured for a good gobbler, which weighed lb to 1° lb, the hens weighing 10 or 121 b. It was a hobby of his to keep turkeys, and he could sell them readily, but he gave many away to his friends. Last Christmas he noticed that the turkeys were disappearing, and that the remainder were becoming very wild and would flee at his approach. Subsequently he found very few turkeys on the flats near the Rangitikei River. There were about 100 head of young cattle, besides sheep, brood mares and foals running on that part of the property. Forming a low estimate, witness considered that he had lost more than JUU turkeys since October of last yearWitness had found poles, with blood and feathers on them, indicating that turkeys had been carried on them. Later, after police investigations, Byers, senr., had called upon him, admitted that he had shot turkeys, offered payment for them and asked witness not to take the matter further. Witness said he could not do that, as he had lost too many turkeys, and intended to put a stop to it. Later two other men had come and wanted to pay for turkeys they had shot, but witness refused to accept payment. Cross-examined by Mr Ongley, witness stated that tne property occupied by his wife and himself was one of some 2300 acres, with a frontage of about three miles to the river, from which his house’ could not be seen, there being three terraces between it and the river. There might be a steep face, with manuka and korimiko and other native scrub here and there, but no pheasants or quail used the shelter. Turkeys had been running at large on all parts of the property for 40 years, and had not been fed, but witness could drive them like sheep if they had not been molested. They had never been penned up, and were drafted out on horseback when required for shooting. They could fly across the river and the gorge, but they generally came back home, though there was nothing to prevent their wandering. He had ear-marked his sheep, but not his turkeys, a.nd he did not know whether the latter had been included in his poultry returns to the Government. < Cross-examined by Mr Cullinane, witness said he did not think there was a. great deal of shooting done on the Rangitikei River bed near his property. There had been trouble some seven years ago over the shooting of his turkeys. . _ r „ Witness, cross-examined by Mr Gordon, said that he had teen informed that Hannan did not have a gun, and went merely as ian onlooker. Evidence was given by Andrew Harre, a farmer, of Rewa, whose property is situated on the opposite side of the Rangitikei River from that of Mr Bull, that he had never known the turkeys to fly across the river or wander off Mr Bull’s place, and he had never heard of wild turkeys. He had teen a closed-ill van on his own side of the river in March last. Evidence was also given by Constable Scanned, much of which was concerned with photographs produced in Court. Evidence of having taken the photographs was given by Constable vS. T. Wills, of Wellington. Detective E. Barling gave evidence that he went to Feilding with Detec-tive-Sergeant Meiklejohn and there saw O’Reilly. There were turkey feathers in the backyard and on the drive. Witness obtained a statement from O’Reilly in which he stated that m company with others he had gone to the spot at Rewa whero they had shot turkeys, making a second trip later. He had.heard on many occasions that the turkeys were wild. Harry Byers, ot Linton Street, also made a statement later in the day in which he said he had not known the turkeys were private property. Otherwise, ho would not have touched them. Ho was prepared to pay for the turkeys he had taken Detective-Sergeant Meiklejohn also described the visit to O’Reilly’s house at Feilding. He had picked up turkey feather? there. From Feilding witness had gone to Linton . Street, where Harrv Bvers was interviewed by Detective Barling. Witness interviewed lan Hamilton Byers, who made a statement in which he said ho had thought the tnrkevs were wild. Later witness had seen Hannan. The latter had given a statement that Warn had assured him the turkeys were wild. Hannan said he had not shot any turkeys, but had been with the party and had assisted to carry the turkeys away. Warn had also given a statement in which he had admitted shooting some of the birds. He had thought they were wild. This concluded the prosecution s evidence. CASE FOR DEFENCE OPENS. Only Mr Crossley wished to put Ilia client" in the witness box to give evidence. Mr Crossley said the only point to be decided was whether accused bad thought the turkeys were wild or not. Cecil John Warn gave evidence of having gone out on February 28 to shoot wild turkeys. He had heard that the turkeys were wild on more than one occasion. Mr Crossley: You have heard all the evidence. What do you think now ? Witness: I still think the turkeys are wild. His Honour: X do not think he is entitled to express any opinion. You will please keep to the facts only, Mr Crossley. . ~ ~ Prosceeding. witness said the country where the turkeys were was very difficult to walk over. There were fern, scrub swamp, and high thistles. Some of the birds bad flown as far as a quarter of a mile. His Honour: Did you get any near shots? n Witness: About 40 or 60 yards. His Honour: It could not have been too scrubby then. Witness: That was when the tuikevs were in the open. Proceeding, witness said no attempt had teen made to conceal the turkeys

shot. Some time later witness had gone to see Mr Bull. Witness said he had offered to pay for the turkeys, explaining that he had thought they were wild. Mr Bull had said he could not receive money for the turkeys as the matter was in the hands of the P °The Court then adjourned for luncheon.