MISSING CATTLE

New Zealand Herald, Volume LXXV, Issue 23094, 20 July 1938, Page 18

MISSING CATTLE

CHARGES OF THEFT WANDERING STOCK PROBLEM UNFENCED ARIA LAND HEARING NOT CONCLUDED f I'ROM ouk own correspondent] HAMILTON, Tuesday Picas of not guilty were entered by Aubrev Conrov Brough, aged 27, lie fore Mr. Justice Heed, in the Supreme Court at Hamilton to-day, to three charges of stealing six head of cattle, valued at C2G, at Aria 011 April 15 last. The cattle wore the property of w. W. Kelly. W. Chajtor and T. M. Brown. Mr. 11. T. Gillies, with him Mr. J. U. Fitz-Gerald, appeared for the Crown, and Mr. W. J. King represented the accused. William Wilson Kelly, farmer, Matiere, gave evidence that in Mav. 1937, he turned 80 head of dry stock into tho bush. He mustered in January and found tour of them missing. They were branded with a half-moon earmark. He later identified four cattle at Otangewai as bis property. The earmarks had been altered. The prisoner lived 20 miles away from witness' farm and he had not known him. From what he had heard, Brough was well respected in the district. Perhaps he did not know the cattle in question belonged to witness. Altered Earmarks Foster Maurice Kelly, brother' of the last' witness, said ho identified four of his brother's cattle on Brough's farm on April 22. When questioned, Brough was quite frank with witness. Brough said that if he did not alter tho earmarks someone else would have done so. Brough told Constable Bradford that he intended to sell the cattle if nobody claimed them. William Chaytor, farmer, Otangewai, said he identified one of the cattle on Brough's place as his property. When asked where he got the beast Brough said he got it from another farm in the district. Tho beast was not branded. It was previously 011 witness' own property, which was properly fenced. One Charge Withdrawn At this stage Mr. Gillies intimated that he proposed to offer no evidence with respect to tho third count relating to a beast owned by T. M. Brown. Constable J. W. Bradford, of Ohura, said iie, M. F. Kelly and William Chaytor went to accused's farm at Aria, where they inspected some cattle. Brough gave witness a statement, in which he said that he had found the cattle mentioned straying on a road and on an unfenced farm. He drove them to Bavistock's farm, where he altered the earmarks of three of them. Ho said he thought that if he did not take them someone else would. He also said he had intended to sell them privately. Accused's Evidence Giving evidence on his own behalf, accused said that in January when he was mustering cattle on Bavistock's farm he noticed Chaytor's Holstein. Bavistock's farm was only partially fenced. Ho did not remove the beast from Chaytor's farm. He did not know to whom the animal belonged. He found one of Kelly's beasts among Bavistock's cattle. He did not interfere with the earmarks on that beast. Accused said he had no intention of stealing the cattle. With respect to three of Kelly's steers, he saw them in October on the road. He turned them into Bavistock's place, and in December he ear-marked them with some of his own stock. His reason was that another man in the district had a habit of collecting strays and applying his own mark to them. Accused said he had made no effort to sell the animals. He had said that if nobody claimed them he might eventually sell them. Very few properties in the district were fenced. He made no inquiries as to who was the owner of tho ear-marked cattle. Unclaimed Stock Evidence that most of the land in the Aria district was unfenced was given by Owen C. Pleasants, chairman of the Ohura County Council. About 90 per cent of the land was bush-clad, and stock wandered for miles. They often remained unclaimed on a farm for a year, and sometimes they were not claimed at all. It was often not worth while for farmers to trouble to trace tho owners of stray cattle. Other witnesses gave evidence that cattle wandered a good deal in the Aria district and that many of the fences were in disrepair. All the witnesses testified to Brough's good character. His Honor suggested that a pound might bo established in the district. Frederick John Bavistock said he had known Brough for four years and thought very highly of him. He ngreed that it would not be worth while advertising for the owners of straying stock. After counsel had addressed the jury His Honor reserved his summing-up until to-morrow morning.