Thursday, Mat 29. stealing a cow.

Otago Witness, Issue 2516, 4 June 1902, Page 50

Thursday, Mat 29. stealing a cow.

Robert M'Cunn was charged with, 011 or about tho Ist November, 1901, at Ettrick. stcal)i.g a cow, the property of Thomas Joseph Rickard A second count charged the accused with receiving the cow, knowing it to have b"en stolen.

Mr Finlayfion de-fended the accused, who pleaded " Not guilty. ' When this case was resumed the additional witnesses called on behalf of the- Crown were Robert Wood (farmer), Michael Roughan (butcher^, Sergeant Fouhy, and Sergeant Bowman.

For the defer.ee Mr Fm'.ayson called the accused, who. in the course of his evidence, feaid he had a numbpr of cattle transactions with the witness Wood la«t year. About Sentember witness put a led-and- white cow into one of Wood's Daddocks It was a row witness had reared at his own place. A fortnight later witness took the cow home again, and after that it was running on the Crown Jand Aboui the 14th December Wood told witness to put into one of Ins (Wood' = ) paddocks some cattle he had bought from Mr Crossan. Witness did so. The red-ai d-vlnte eo'v wrs mit in wl'h them. He afttruaids sold the cow to Mr Wood. Witness did not uul. a &!rawbcrrv cuts

into Wood's paddocks. • He did not sell a, strawberry cow to "Wood. Wood had about 30 cows on his land. There was some unfenced land in the district. Witness had worked off and on for Wood. By the Crown Prosecutor: When witness put the cattle into Wood's paddock he put in his own cow at the same time, as Wood had told him ihe would buy it. Later on Wood bought the cow for £5. He also sold some sheep to Wood. They were sheep he h»d bred himself on his brother's property. They were not odd sheep he had picked up— sheep without an owner Witness had been previously convicted in the Supreme Court — once for indecent assault and once for sheep-stealing. Mr Pinlayson, addressing the jury, said that the accused was never seen in possession of th» cow. The evidence showed that the cow had strayed away three times. There was nothing to show that it had an owner, and in a decision by Baron Park it was laid down that buc£ a. taking was not larceny. Learned counsel quoted the case of the Queen v. Thornburn in eupport of his contention. His Honor ■ Are you quite sure that our code does not alter that definition? Section 218 seems to alter it. There is a beast with an ear-mark. If you pick up such an animal on the road are you justified in appropriating it? Mr Frulayson proceeded to cite the Queen v. Glyde on the law of larceny, and further argued that there was a conflict of evidence as to the stealing, that Wood's testimony was not supported by any written evidence or corroboration of any kind, and that as the Crown had not proved the case so as to exclude the plea of innocence the accused -was entitled to be acquitted. The Crown Prosecutor addressed the juiy, and his Honor summed up. Tho Jury retired at 12.45 p.m., and returned at 2.10 p.m. with a verdict of " Guilty, ' with a recommendation to mercy. Later in the day the accused was called on for sentence. He gave his age as 29 years. In answer to his Honor, the Crown Prosecutor said that according to the police records the man's age was 32 years. His character was reported to be indifferent. His Honor imposed a sentence of 12 months' hard labour. Friday, May 30. THEFT. John Ashton (26) wa3 brought up for sentence on three charges of theft, to which he had pleaded guilty. The Crown Prosecutor said that nothing waa known about accused. He arrived from Melbourne shortly before he committed the offences charged against him. His Honor said the man apparently went to three different boarding houses, and at each " boarding house he stole one or two pairs of blankets, which he sold to second-hand dealers. The Crown Prosecutor said that that was so. The accused was sentenced to six months' imprisonment on each charge, the sentences to be concurrent. FORGERY. Thomas William Wilson (22) pleaded guilty to a charge of forgery. His Honor remarked that, the accused was befcre the court the other day and received a sentence of six months' imprisonment. The Crown Prosecutor: Yes, your Honor. His Honor sentencsd the accused to three months' imprisonment, with hard labour, the sentence to commence at the expiration of the sentence the accused was no serving. ASSAULT AND ROBBERY. James Grey (35) and Frank Sheehan (31), who had been found guilty of assaulting and robbing one Joseph Douglas, were called on for sentenca. When asked if they had anything to say, the accused Grej^ said he had not been convicted since 1597, anH he had been waiting trial for 10 weeks. Sheehan said that he had also been waiting trial for 10 weeks. The Crown Prosecutor sr.id that Grey was reported to be the associate of bad characters, and had been five times previously convicted of theft at Clinton, Milton, and Dunedin. Sheehan arrived from Tasmania in 1889, and also consorted with bad characters. There were eight convictions against him, mostly at Chnstchurch, for attempted rape, assault, theft, vagrancy, and assisting to manage a house of evil repute. His Honor: It is no use passing a short sentence where me.i hr.ye the record that the accused have. Ths sentence on lach of you js that you be imprisoned for the term of three years, and kept to hard labour. A sum of £1 2s 3d found on Sheehan and 4s found on Grey was ordered to be handed over to Douglas. ASSAULT ON A GIRL. William Andrews (57), who had been found guilty of a criminal assault upon a young gjrl at Heriot was called on for sentence The Crown Prosecutor said the man's age was reported by the police to be 48 years. He had an indifferent character. He "had been previously convicted of assault, disobeying an order of the court, drunkenness, breach of the peace, horse-stealing, and thaft. His Honor: The offence is one for which the accused ought to receive a substantial sentence, but there are, in my opinion, leasons disclosed by the testimony of the medical man which show that the sentence should not be an extreme sentence. The sentence of the court is that you be imprisoned for two years, and kept to hard labour. THEFT OF MONEY. Edward Myer Myers and Andrew Howard were charged with, on or about the 23rd February, at the North-East Valley, stealing the sum of £2 10s, the property of Catherine Carroll. The two accused pleaded " Not guilty." Mr 1). D. Macdonald appeared for Myers and Mr A. C. Hanlon for Howard. The Crown Prosecutor said that Mrs Carroll kept the Normanby Hotel. Both accused went to the hotel on the night of the 23rd February, and after making their horses fast to the gate went into the house. The horses were afterwards put inio the stable. The men stated that they were members of the Ninth Contingent, which was not true. After Berving them m tho bar parlour, Mrs Carroll went into the during room to light the gas. On returning to the parlour Mrs Carroll found that Howard was not there, but a man named Scott, who waa employed about the hotel, was in the room with Myers. Myers asked Mrs Carroll to go and look at the horses, and it was suggested that his object in doing so was to get her out of the way while Howard robbed the till in the bar Mis Carroll heard a noise m the bar, and on going into it she found the till out and some paper lying on the floor. Howard w;»s lying on the ficor — it was dusk at the time — and uhcu Mrs Carroll spoke to him he pushed liis way out and ran away from the house, leaving the li'orsei in the stable. Myers's connection with the case was somewhe.t slender. It was contended that when he asked Mrs Carlo!! to go to *ec the horses he was aware of the fact that Howard was robbing the till. The hor K t-3, it appeared, had been obtained from ° livery stable. Evidence on behalf of the Crown was given by Catherine Car Toll, Thoma3 Scott, Constable Lynch, and Acting-detective Hill. In her evidence, Mrs Carroll .sa.d tbat in the bar she recognised Howard by hia brown clothes. She did not see lits face. Evidence was not called on behalf oi the two accused Mr Macdonakl submitted thai, the case against Myers should be withdrawn from the jury There vas nothing to show that t'.ie :>ccused Myers was assisting the other n;nn in anrtbooa he did. He was present m the hotel

i on a certain - occasion when Howard disapv ) peared, and the only thing against him was 1 that he had asked Mrs Carroll to go to see his P horse. But admitting that to be the case, it was quite consistent with the man's innocence. » His. Honor said there was certainly very i little evidence against Myers. [ . The Crown Prosecutor had no doubt the jury I would not convict Myers on the evidence. s The Jury, without leaving the box, returned [ a verdict of " Not guilty " against Myers, and j he left the dock, but as he is "awaiting trial i on another charge the police kept him in custody. Mr H<mlon said he would prefer to address the jury on behalf of the accused Howard next -, morning. '■ Satchiday, May 31. : theft of mon/ey. £. Andrew Howard was arraigned on a cliarge of ■ having stolen £2 10s, the pronerty of Catherine Carioll. . * Mt Hanlon, addressing the jury on behalf t>f . the accused, contended that there was no direct e\ idence that Howard perpetrated the robbery. All that the jury had was some circumstantial evidence showing that Howard was connected with it. Was that evidence sufficiently, strong ? He (Mr Hanlon) submitted that it was not: Mrs Carroll admitted that, she did not see the man's face, and only went by the fact that, he was wearing a suit of clothes similar to that " which he had on in court. His Honor summed up, and tlie jury retired' at 11 a.m., returning- irt half an. hour with a verdict of " Guilty." Prisoner gave his age as 24 years, and had nothing to say. His Honor: What is known of him, Mr Fraser? The Crown Prosecutor said that according to the police records the accused was 22 years of age and a native of England. He was a confectioner by occupation, and his character was reported to be bad. He had five convictions for theft at Invercargill and Dunedin recorded against him. Iv answer to the. Crown Prosecutor, Mr Phillips, gaoler, said that in November last the prisoner finished a two years' sentence for theft. His Honor : The sentence of the court 13 that you be imprisoned for the term of two years and kept to hard labour. THEFTS PBOM THE UNION COMPANY. Archilbald Walker and John "Walker were . charged with stealing, on the 27th November, j 2cwt 14lb of paint and oil, the property of the I "Union Steam Ship Company, and Archibald ■ Walker was separately charged with receivingthe same goods. Accused pleaded Guilty." I John Walker and Archibald Walker were charged with stealing S4ib of mixed paint, the property of the Union, Company, and Archibald Walker was separately charged with reI cciving the same. Accused pleaded " Guilty." ' Archibald Walker was charged with stealing, on the 4th March, from the Union Steam; Phip Company, sgal Bon Accord paint, Jgal of white enamel, az4d lgal gold size, also with, receiving the sarnie. Accused pleaded " Not 1 guilty." The Crown Prosecutor offered no evi- | donee, and the jury' empannelled were directed: , to find a verdict of " Not guilty," which was done. Mr A. C. Hanlon appeared (for the accused. When called upon, John Walker said that he was 28 years of age, and Archibald Walker gave his age as 44. In answer to the usual question, " Have you anything tojsay why sentence should not be passed upon you according to law?" each prisoner replied "No." His Honor: What is known about the accused, Mr Fraser? - \ - . The Crown Prosecutor : There is • nothing against them, if your Honor pleases, save the facts disclosed in the recent prosecutions. Up to a recent date, the police instruct me, the men hava borne good characters. There are three convictions against Archibald Walker and four p gainst John Walker. His Honor: I am very rorry to see men, who have borne good chaiacters, and who probably are hard-working men, in the position in which you have placed yourselves. If the case had been one of a single offence the matter could have been passed over very lightly. But) I am afraid it is a great deal more than that. We have it that of these offences to which you have pleaded guilty or of which you have been convicted one was committed in November and some in Fcbruaiy. It looks very much as if these were cases that were simply instances of a practice. I shall pass as light a. sentence as I can consistent with what really is an offence of considerable gravity — that ia to say, systematic stealing from an employer. The sentence of the court upon each of you is that you be imprisoned for the term of 18 months, and kept to hard labour. The sentence will be the same on each indictment, to take effect concurrently. FALSE PRETENCES. Edward Myer Myers was charged with, at Dunedin, on the 6th May, obtaining two gold Tings from William Jarres Paterson by false pretences The accused, who was undefended, gave hia age as 24 yenis, and said the offence was committed under the influence of drink. In reply to his Honor, the Crow/i Prosecutor said the accused was a native of England, and hia character wa& reported as b.id. There were five previous convictions for theft, drunkenness, pnd being illegally on premises. His Honor sentenced the accused to two years' imprisonment, with hard labour. The court ro3e at 11.35 a.m.