Shot Calf in Error – Ate It

Northern Advocate, 28 February 1949, Page 6

Shot Calf in Error - Ate It

For being responsible for the apparently accidental shooting of another man’s calf, and then not apologising and offering to pay for it when the mistake was discovered, Joseph Tuhiwai, of Titoki, was fined £3/G/-, the amount of expenses, costs 10/-, and ordered to make restitution of £l/19/to the owner of the calf, at the Whangarei Court today. The charge brought by the police was that Joseph Tuhiwai received from William Pott Tito and Terau Rarau Tuhiwai the carcass of a calf, valued at £l/19/-, knowing it to have been dishonestly obtained. William Pou Tito was charged with stealing the carcass, the property of John Breslin. Mr J. D. Gerard pleaded guilty for the defendants. Senior-Sergeant J. Sutherland said Joseph Tuhiwai decided to shoot one of his calves, which were running on land adjoining Breslin's. He went with his daughter and grand-daughter and the other two defendants to find one of his calves. When he failed to do this, he returned home. DISCOVERED MISTAKE His daughter later pointed out to Tito a cow and calf on Breslin's property. Thinking it was Tuhiwai’s, Tito immediately shot the calf. He found out his mistake later, but, as the calf was dead, it was decided to skin it and take it home. This was done and they all shared in eating it. Mr Gerard said it was a genuine mistake. Tito had thought it was Tuhiwai’s calf. None of the defendants had been in trouble before. "Let us see what ought to have happened." said the magistrate (Mr W. C. Harley).

"I think it is quite clear that Joseph Tuhiwai should have gone to Mr Breslin. apologised and offered to pay for the calf. He failed to do his duty to his family and Mr Breslin.

"For that reason he will be fined £3/6/-, the amount of expenses, costs 10/-, and will make restitution of £l/19/- to Mr Breslin. The others will be convicted and discharged.”