CATTLE STEALING.

Otago Witness, Issue 956, 16 May 1889, Page 14

CATTLE STEALING.

. At the City Police Court on the 9th inst., Alexander Campbell wascharged on remand wifch.atealing .a cow, .of'thejvalueof jee^ps.the property of George Watlace, —Mr D . D. Macdo.naldappeared for prosecutor, and Mr Solomon for accused, T Thia case had,been c adjourned for the production of the books of several" mercantile firms ; to ' Bh'ow the dealings in 'cattte.— Henry Charles Cameron ' produced the books 1 of ■Messrs Eeid, Maclean, and Co., in, which, it -*fas shown , that ) there ' was an entry ' of' cattle sold in the' name of Wallace, and, that' the' money was paid tb Campbell. . They i were together when witness , aaked them if the cattje were fpr sale,' and the; both said they were.— Witness produced the' receipt from Campbell 'for the mofaey.— Wallace made' ho objec- ' 'tion to the' transaction, Stock was ! sometimes entered; in Campbell's .name and sometimes in Wallace's name, but the sale notes were made out in the name 'of Campbell. — Mr Macdonald objected to the evidence as the entries were made by another person ■ than witness.— Edwin Fowler, Palmer produced the books' of the Farmers' Agency Company,, and, said Campbell and Wallace dealt with them in cattle, 'find they also had transaction's with Walface in sheep lOn < the SOthMarch there was an' account; sale for cattle . entered by i Campbell for, £l2 7s 3d,. Wallace got this money.' A receipt was produced in which the amount was included. On the 28th February there was an accoupfcaale for cattle for' £9 'Bs Bd, in 'the name of Wallace, and in that case Campbell got $he, money .t.To Mr Macdonald: Witness, did not . -remember who brou&ht' the cattle.— He-examined I 'by Mr Solomon, t- When Campbell came for the money witness objected to pay him, but paid, him afterwards, and .Wallace subseqently said to witness that it was all right.' It was a first transaction, and wLtnese refused the m.oney because he 'did ttb't know they Were part-ners.-f-Thomas Taylor produced the books ot the , Mutual Agency, Company, showing similar entries,— , Mr Macdonald objected to ail this evidence, on the ground already stated. He said there was no ' evidence as' to who brought)' the cattle into the yards. Wallace would swear that in .each of these oases the cattle were Campbell's, ans that if they were entered in his name it was by Campbell.— Mr Solomon contended that the case for the prosecution was closed, and could nob be > reopened., ' Th,e accused had been cautioned, and fresh evidence could not be brought. As a question of law their WorsbJps had no power to caution the accused again: The aot said that when the examination of the witness' on the.part of the prosecution shall have been completed, the justices shall read the caution, or , cause it to be read.— Mr' Macdonald contended that he had . a right to call rebutfcingi evidence; ; The questions had .only just been brought, out,, and be could not question his client before. He simply wanted Mr j Wallace asked if these, cattle were his or not.— Mr Solomon objected. — The bench decided to hear Mr ' Wallace, who stated that the cattle referred to were .not his. Witness gave instructions to Palmer not to pay any money to Campbell on the ground that therewas no partnership existing.— Mr Solomon said their Worships bad' given' an opinion' that if. there wbb ajconfiict of evidence that they .would commit the accused for trial. In Mr Justice Johnston's book he (Mr Solomon) found a contrary opinion expressed as to the conclusion a justice should come to, and he ! submitted that, that opinion applied to .this case, hi which the evidence on. behalf of the accused he considered outweighed the evidence for the prosecution.—Mr Macdonald understood' that their Worships thought that there was a primer facie case to answer, and it was, their duty to commit the accused to go ' before a jury.. ' He took, an opposite, view regarding 'tne • evidence to -'Mr- Solomon,' and read' fr"6m "Shirley's Magistrates Law "fin' support of his opinion.— Mr Solomon said if he had not satisfied their Worships that. the men .were partners they must be verjr difficult to convince. — Accused was ■'committed to take his trial* the^ eam'e ; bail being i allowed. •' .

hallowed.

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