THEFT OF A COW.

New Zealand Herald, Volume LXVII, Issue 20482, 6 February 1930, Page 14

THEFT OF A COW.

DROVER FOUND GUILTY.

REPLY TO JURY'S PLEA

The case against a cattle drover, David Henry' Mehaffy, of Drury, charged with stealing two cows, valued at £2O, the property of William Victor Bremner, farmer, of Drury, was continued in the Supremo Court yesetrday. He was found guilty of the theft of one of the animals. Mr. Justice Herdman presided.

In a statement to Defective Snedden accused said he met a man named A. Williams, who came from Patumahoe, driving a herd of cattle on the road between Paerata and Patumahoe 011 September 9. He took a fancy to two cows in the herd and bought them. He had since been unable to trace Williams, nor could he find the receipt which Williams had given him. Detective Snedden, in evidence, said ho made an exhaustive search for the man called Williams in Patumahoe, Pukokoho East, Dury and Paerata, but no one had heard of such a person.

Accused, who was undefended and who produced no witnesses, reiterated his statement in the witness box. To His Honor lie said he met Williams twice, once early in the day of September 9 and again on the road' later the same day, when he bought the cows. He had never seen him before or since. His Honor advised the jury to ignore the evidence regarding thn" black Holstein cow, as it was insufficient to justify them coming to a definite conclusion. The evidence regarding the yellow-white cow was, however, fairly clear. It was not necessary to. d,ecide whether accused actually went on to a property and drove the cows off. A man was equally guilty of theft who rjicked them up in the road and sold them. Salient points in accused's explanation were the non-appear-ance of the man called Williams and the absence of the receipt. . The jury returned with a verdict ot guilty with respect to the yellow-white cow and not guilty respecting the other. "We have n recommendation to make, added the foreman. "We ask- that the prisoner ho extended leniency on the ground that this is his first offence «T am sorry to inform you-that he has a previous conviction," remarked ins Honor. "That is a circumstance wo naturally withhold from yon." Sentence was deferred.