CATTLE-STEALING CASES.

New Zealand Herald, Volume XLVI, Issue 14142, 18 August 1909, Page 5

CATTLE-STEALING CASES.

COST TO THE COUNTRY.

CHARGES NOT SUSTAINED.

William Henry Dyer, a young married man residing in tho Kohukohu district, North of Auckland, came forward at the Supremo Court yesterday morning to stand his trial before Mr. Justice Edwards and a jury upon charges of cattle-stealing and horse-stealing. Tho Crown solicitor (Hon. J. A. Tolc) prosecuted, and Mr. J. R. Reed defended. Tho charge of cattle-stealing was first hoard, and accused pleaded not guilty.

Percy Edwards, settler, of Motukaraka, deposed that during tho latter part of February ho missed a cow and calf, both red and white, from among his cattle, which were running on his property. They were also allowed on the roads. Some time later witness' brother informed him that ho had seen accused driving the missing cow and calf. Witness wont to the prisoner, who said no animals answering tho description were on his run. Accused said if he found any like them ho would tell witness. On June 7 witness and another settlor named Donnelly found tho missing animals on accused's run, and informed tho police.

Cross-examined : When the cow and calf wore last; seen in February they were not marked, but the cow and calf which were taken from accused's paddock were both earmarked and branded. Witness believed that the marks were of recent date, but be had heard most of the witnesses in tho lower Court declare that this was not so.

Evidence of identity was given by Stanley Edwards, Thomas Donnelly, Alfred Yarborough, Joseph Vaughan, Patrick Brookes, and William Flavoll.

Tho case for the defence was that accused had purchased the cow a couple of years ago from a member of the family from whom Edwards claimed to have purchased his. Counsel stated that expert evidence would bo called to show that the cow was branded about 12 months prior to the date upon which Edwards lost his cow, and that the calf was branded in October last. Mr. Rood strongly contended that it was a case of mistaken identity. His Honor: It seems that this cow will coat, the country a lot of money. Mr. Reed: I really think that the matter should have been .settled civilly. Probably £100 would not cover the costs of the case. Mr. Tole remarked that something must be done to check the practice of sheep and cattle stealing, which had become very prevalent. The evidence of accused was supported by Alfred Flavell, Arthur Glass, A. J. Anderson, and William Maxwell.

Without retiring tho jury returned a verdict of "not guilty."

SHOOTING WILD HORSES. Dyer was then charged with having on or about April 8 at Broadwood, Hokianga, stolen a horse. Accused pleaded not guilty. Joseph .Smith, a young pakeha-Maori, stated he was engaged as a chainman in a Government survey party. In April last he missed a bay pony with a white star on its forehead, which 'was owned by his brother's family,, and had beon left running in a clearing near his brother's house. Witness saw the horse some time afterwards on accused's property. . When spoken to accused said tho horse was his own. A few days later witness entered one of accused's paddocks and examined the animal. It was then branded, and its tail and mane were cut. Accused then said, "It is your horse right enough. You can take him away as long as you don't put me .in troublo about. branding it. Witness thought, it possible for accused to have found the pony in the bush, and to have taken it for one of the wild horses which were there.

Mifci Smith, a brother of the previous witness, swore to the identity of the horse, stating that ho had bred it. ! Cross-examined: Witness had given permission to some people to, capture wild horses in the bush at the back of his property, but he had not sanctioned the shooting of the animals. Ho remembered accused and a man named Flomming having told him that they had caught a wild horse by shooting it in .the nock, and when witness' missing pony was brought homo from the accused's place he discovered that "a charge had been fired into its neck. The evidence of two youthful members of the Smith family closed the case for the prosecution. His Honor asked the jury if they wished to hear evidence for the defence. He did not think it was necessary, because it was clear that, the practice of < capturing wild' horses had been going on in the vicinity, and also that the prisoner had admitted having shot at a horse prior to tho finding of the animal in question on his property. His Honor did not think that it would be safe to convict on tho evidence. The jury, without retiring, returned a verdict of " not guilty."