COURT REPORTS

New Zealand Times, Volume XXX, Issue 6678, 28 November 1908, Page 2

COURT REPORTS

FRIDAY, NOVEMBER 27. SUPREME COURT- CRIMINAL (Before liis Hono* - Mr Justice Cooper and juries of twelve ) Mr M. Myers prosecuted on behalf of the Crown. ALLEGED CATTLE-STEALING. Another'of the series of alleged cattio stealing cases at Masterton was heard yesterday, the accused being a youth named Clifford G. Jackson. There mere a number of charges of theft of cattio and of receiving same, the allegations being identical to those in the two cases previously disposed of—iii which one accused was found guilty, the other not guilty. Mr T. M. Yv’ilford appeared for accused. Mr Myers said the case was somewhat different to those which had precoded it. It was alleged that accused had been one of the persons who had taken par; in tho thefts. It might have been that accused had boon led away by Langdon, but if it were shown that prisoner was with Langdon and took part with him in the transactions knowing what he was doing then he was undoubtedly guilty of theft. It woiild bo proved beyond possibility of question that accused and Langdon were together and rode cut from Masterton to tho vicinity of tho place where the thefts occurred on the nights in question. It would also bo shown that accused had endeavoured to sell four of tho stolen cattio and, on being questioned, had given a false explanation as to how he came into possession of them. Accused ha.u made certain statements to two youths. To one ho had said that he had “lifted some cattle” from one station and expected to get £4O or £45. To the other he said he had been driving cattle, ho and Langdon had had a good time and that ho expected to get some £42 when he succeeded in selling the cattle to the butchers at Masterton. Gilbert Langdon, already sentenced for stealing cattle at Masterton, said he informed accused that he was going out to steal cattle. Jackson thought ho was joking at first, but on finding out that witness was serious volunteered to go with him, and want. They both assisted in taking the cattle from the various places, drove them to Masterton, trucked and sent them to Ormpndvillo. Jackson got nothing out of the transaction on tho first occasion. Landgon was to back a horse for him at Napier Park for the assistance rendered" by him. On the second occasion, October 23rd, be met Jackson again, and ho said he would go with accused if ho gave him £2O worth of stock, as he wished to pay his uncle for a horso he had bought. Witness promised to comply witn his request. They went out together night, took twonty-five bullocks, - drove them to Masterton and sent away all but four —which ho left for Jackson ic accordance with his promise. Jackson said he intended trying to sell his four boasts to a butcher. To Mr Wilford: He had no motive in trying to “settle” Jackson. He had not been charged with cattle-stealing, when he was being tried for horsestealing. lie bad been dissatisfied with the evidence given on that occasion by Carr, while he had also heard that Jackson was trying to put his pot on.” He had then made a clean breast of things as he wanted to put Carr away on account of his evidence. . Mr Wilford: If you are that class of man, would you not also put Jackson away? —I had no desire to put Jackson away.

You are a convicted thief and a putter away of your pal; are you also a liar ?—No, all I have said is true. _ Did not you invent the story, which landed yourself, in the - attempt to land Carr?—No. He had not waited until the last lot of cattle were being sent away before he had informed Carr that there was anything wrong. Did you tell the police at Dannevirko that you had stolen sheep and cattle.—No I did not.

Did not you tell the police at Dannevirke that you had stolen cattle and sheep with Carr?-I.said we had killed two cattle at Carr’s place and skinned th l)Td you not say yon had' stolen sheep?— We only stole them’and killed them for food. You aie then a horse-stealer, a cattlestealer. Are you not also a perjurer? —No, I am not. You are a truthful man ?—All I have told hero is the. truth.

Hugh Long, butcher at Masterton, said Jackson lad gone to him on October 24th to sell four beasts on behalf of a man called Langley or Langdon, as they would not go into tho truck when the others were being railed aiyay.

Harold Harvey, clerk, Masterton, said accused had informed' him on October; 24th that he had been out with Langdon to help him to drive some cattle, and on the way to Masterton they had lifted some from . Mcßae's place and driven them to Masterton and trucked them. Jackson had added that either “he” or “they” would get about £SO out of it.

Gny Williams said that the term “cattle lifting” was not applied to cat-tlo-stoa-ling in the country. If a drover was engaged to go to a certain place ‘and get cattle ho world “talk about’-'lifting the cattle he was sent for.” This concluded the case for the Crown.

Mr Wilford called tile prisoner Clifford G. Jackson, who stated that he was seventeen years of age • and still attended the Masterton District High School. Ho had known the Hangdon family for some three years. On Octcher 9th young Hangdon asked witness to go out with him.to his father’s place. Witness obtained his father’s permission and went out with Hangdon. who said nothing whatever to him about going out to steal cattle; hut Hangdon said ho wanted to drive some- cattle into Masterton and witness went with him for .the ride. On Octohe; S3rd Hang-don again asked him to accompany him on a similar errand Witness had no stockwhip in his possession. On that occasion they drove twenty-five head of cattlo to the railway station. They trucked twentyone head, hut the remaining four were loft behind. Ha.ngdon went away hj the train, but before going ho said to witness “You have helped me to steal cattle; how do you like prigging-” Witness was .thunderstruck and did nor

know what to say. Langdon said witness would have to help him to get rid of the rattle otherwise lie would “go up.” Until that time witness had no idea tint he was concerned in any wrongful action. Langdon had never paid him. any money. In cross-examination by Mr Myers prisoner admitted that after ho knew the cattle had been stolen he endeavoured to sell the four animals that wore left behind because ho thought they would probably be slaughtered and thus got rid of. Evidence was also given by a lad named Sydney Harris, Reginald J. H. Jaekron. William Henry ISeetham. Mr Ilsctham, who is the owner of the cattle, stated that he believed all tie animals had been returned.

His Honor having summed up the evidence put the following questions to the jury. After a retirement of ten minutes they returned the answers appended : ■ ? (1) Did tho prisoner jointly with Langdon steal the cattle driven into Mastorton by tho prisoner and Rangoon on October 10th?—No.

(2) Did tho prisoner jointly with Langdon steal the cattle driven into Mastorton by the prisoner and Langden on October 24th? —No. If those questions are ansivered in the negative, then (a) Did the prisoner on October 24th know that the said cattle had been dishonestly obtained ?—Yes. (4) If so, did he, after obtaining such knowledge receive four of the said cattle and offer them for sale ?■— Yea.

(o) If so, did he do so under tho in. flueuce of a statement made by Langdon in tho following terms or terms to the same effect:—“You have helped to steal the cattle and you will- have to get rid of them or otherwise you will ‘go up’ ”?—Yes. His Honor said that upon these findings the statute law of this country enabled him to discharge tho prisoner, notwithstanding the verdict, and owing to the very special circumstances in tho case he would exercise that power. Ho did so for the reasons, first that tho jury had negatived any theft by the prisoner and had accepted that branch of the case upon which the defence rested. Ho would therefore ■ simply discharge tho prisoner without passing any sentence. His Honor exorcised this power because of the prisoner’s youth, the answers given by the jury and the fact that up to the time of his association with Langdon bo had borne an excellent character. His Honor added that it was a case in which lie thought that in the interests of the public and the prisoner himself the statutory powers given to a Judge should be exercised and he accordingly did so. Prisoner was discharged. MAGISTRATE’S JURISDICTION (Before Mr W. G. Riddell, S.M.) CRIMINAL CHARGES. SLY GROG-SELLING. V A FINE'OP £lO. John Elliott was charged with selling liquor without a license on two separate occasions, November Sth and 9th. Mr Hindmawsh appeared for the defendant, who pleaded not guilty. Inspector Ellison stated that the defendant had .sold beer to two men who bad been sent (to his establishment, the Terminus boardinghouse, Taranaki street, for the purpose of purchasing beer. Evidence was given by Probationary Constables Fischer and McKenzie. The witnesses had staj'ed at tho defendant’s place for about a week, and on November Bth and’,9th bought beer at Is 6d a bottle. They asked for liquor several times before they were served. Sergeant Rutledge said he had executed a search-warrant on the defendant’s premises. He found fourteen bottles of beer iyid a large jar of whisky. His Worship decided , that the accused must be convicted, and inflicted a fine of £lO, with costs 7s. On the second charge the defendant was ordered to pay costs, 7s. Mr Hind'marsh: That’s 'a big fine, your Worship; can the defendant have time to pay—-say seven days? His Worship: These are not cases where time should bo allowed: The defendant will have twenty-four hours to find the money. ASSAULT ON A CONSTABLE. YOUNG MAN FINED. . “Victor Farrell, for whom Mr P. W. Jackson appeared, pleaded not guilty to a charge of assaulting Constable Mullcoly while the latter was in tl,\o execution of his duty. 1 Evidence showed that the accused' and some friends were spending the' election evening together in a convivial fashion. They went into a hotel, and the accused called for drinks, but as ho had no money to pay for them he was ejected. Considerable disturbance was caused, and, as a result Constable Mullooly arrested one of tlie accused’s mates. While the constable was struggling with this man ho was violently struck by a bottle thrown by a bystander. A man who had been in the crowd swore positively that it was the accused who throw the bottle, although the accused denied this. His Worship said ho was inclined to believe the story of an independent witness of the affair, in preference to that of the A conviction would therefore bo entered, and tho accused fined £o, with costs 12s. DISCHARGING FIREARMS. A DANGEROUS PASTIME. John Charles Feeney, aged seventeen years, pleaded guilty to a charge of discharging firearms without’ reasonable excuse, so as to endanger passersby. Mr Herdman appeared for the defendant. Station-Sergeant Darby stated that the defendant was bugler in the Highland Rifles, and had taken home with him to Karori a service rifle to practice. He fired a shot, which struck a hank in front of him, and then flew through a window of the residence of Mr Hayes, about three hundred yards away. The room in which the bullet lodged was occupied, and considerable alarm was caused. The residents of Karori had been greatly troubled by this kind of thing lately, although the sergeant did not suggest that the defendant bad ever been guilty before. Eis Worship said that the defendant, as a member of a volunteer corps, ought to know how far a bullet travels, and should therefore know better than to fire a rifle in the neighbourhood of any houses. Tho defendant would be

fined £l, with costs 7s, in default forty-eight hours’ imprisonment, A STOWAWAY. James Brown was charged with travelling from Lyttelton to Wellington on the steamer Uliraaroa, without paying his fare. The accused was fined 10s, and ordered to pay the fare, 12s 6d, in default seven days’ imprisonment. OBSCENE LANGUAGE. Samuel Williams pleaded guilty to a charge of using obscene language in North street. The language complained of was particularly bad, and his Worship sent the accused to gaol for fourteen days, without tho option of a fine. CHARGES OF ASSAULT. Oa a charge of assaulting James Flanaganj Francis McCann was fined £3, with costs 18s, in default seven days’ imprisonment. For assaulting William Howell, Joseph Garnett was fined £2, with costs £1 Is, in default seven days. Mr O’Leary axipcared on behalf of the complainant. IDLE AND DISORDERLY. Denis O’Sullivan pleaded guilty to being an idle and disorderly person, with insufficient lawful means of support. Ho was sent to gaol for a month. • DRUNKENNESS. Richard Evans, for drunkenness, was fined £l, in default seven days’ imprisonment. BY-LAW CASES. OFFENSIVE RUBBISH. James Phillips pleaded guilty to allowing offensive matter to remain on his premises at 35, Adelaide road. Tho City Inspector (Mr J. Doyle) said that the defendant seemed to have a mania for, collecting garbage, and kept his place in a frightful state, which was a menace to the neighbourhood. Ho had already been fined the maximum amount on three occasions. His Worship imposed a fine of . £5, with costs £2 15s. CHIMNEY ON FIRE. Thomas Albert Chamberlain did not appear in answer to a charge of allowing a chimney on his premises to catch fire. He was fined 10s, with costs 7s, in default forty-eight hours’ imprisonment.