Charge of Cattle Stealing.

Poverty Bay Herald, Volume XIX, Issue 6293, 13 February 1892, Page 3

Charge of Cattle Stealing.

When the charge of cattle stealing preferred by Ereatera Rangi Whaitiri against William Black, was called on before Mr Booth, R.M., at the Police Court his morning. Mr Day appeared for the informant, Ereatera, and intimated that he would offer no evidence, stating that he was of opinion there was no felonious intent shown by Black, who had foolishly acted in taking the animal away after being cautioned by the Native. The Native had acted within his rights in taking the steps he did, for Black was removing the cow and calf to Napier, and if there had been the delay of a civil action the animals would have been disposed of and then recovery could not have been effected, Black had brought the thing on himself by his own action. Sergt-Major Moore said, that seeing the inconvenience the police had been put to in arresting accused and bringing him and the cattle back to Gisborne, he must object to such a course. The very fact that the man had been arrested on a warrant and that the Government had been put to a great deal of expense over the case must prevent such a course. Accused saw the cow in the paddock and was requested to leave it, but did not do so. The Native came to the police and giwe information and accused had to be brought back 45 miles. Mr Day said that he was Ereatera's solicitor and was satisfied that a charge of larceny would not lie.

Mr Nolan : I appear for accused. We do not agree to a withdrawal, but court investigation and seek a dismissal. The proceedings taken have been most unheard of. I have never heard of an information similar to thia. Black was on hia way to Hawke's Bay when he was arrested at Tiniroto and had to paddock his cattle there at great expense, and was brought back. The police had been misled, Black had been put to great annoyance and trouble, the Government had been put to great expense, and now at the last moment the Maori tried to back out of the case.

Mr Day : Black could sue for malicious prosecution. Mr Nolan : My experience of Natives and of this Native in particular — the records of this court will show — is that it is no us« toclaim for malicious prosecution. The in formant insisted on a warrant though the police suggested that he issue a summons. Sergeant-Major Moore said that complainant said that the cattle were being driven to the freezing works and if there were delay they would soon not be heard of. Mr Day : Black brought it on himself by his own actions. It would be better for him to say nothing about it. Mr Booth, R.M. : I am not inclined to blame the Native. How could he have recovered his beast ?

Mr Nolan said that the very fact that it was a cow and a calf showed that they were not being driven to a freezing works. Although informant's counsel said that he was wrong in the action he had taken, your Worship says he was right. The Magistrate : The Native says he was sure it was his cattle.

Mr Nolan : His counsel says he has no case.

The Magistrate : Because of no felonious intent being shown. Mr Nolan said Black had brought his men from Wairoa and a number of other witBesses. My friend says I have a remedy, but against a straw. Sergeant-Major Moore : I may say, your Worship, that Black rendered the police every assistance, and in no way attempted to destroy identification. — In answer to a question from the Bench, he said he would strongly oppose a withdrawal, but left it entirely with the Bench. The Magistrate : I will grant the withdrawal.

Mr Nolan : I apply for a dismissal. The Magistrate : Will a dismissal affect the proceedings ? Mr Day : Yon can't dismiss, except on the merits. I offer no evidence.

Mr Nolan : Then I claim dismissal. I can ilo so, for I was reading the Act this morning, and it is clear. Is it fair to accused to be brought here, ready and willing to stand his trial, and at the last moment the case is withdrawn. The fact will remain against him on the police records. Sergt. -Major Moore : I thought the police were the prosecutors. The Government were put to great expense. The Native came to me the day before yesterday and told me he was going to have all his witnesses here, and they are here. It is a police prosecution. Mr Day : The Native told me it was not a police prosecution. I apologise to the Sergt. - Major for any mistake that may have happened. The Magistrate (to Sergt. -Major) : Then you elect to go on with the case. Sergt. -Major Moore : I certainly would desire it.

Mr Day : I will retire from the case, then Witnesses were ordered out of Court.

Ereatera Rangiwhaitiri deposed that he was a farmer living at Tarewa, and that he had owned the cow four years, since it was a calf three months old. He branded the cow at the time on the ribs on the righthand side, PK (conjoined), with the brand produced. It was a poley cow and bad had two calves, one of which was the subject of this action. They had been running at Tarewa, and he last saw them about a week before he gave information to the police (Feb. 2). Mr. Nolan said he would admit, to shorten the case, that accused took the cattle from witness's paddock. Evidence continued : Afterwards saw the cow and calf in the possession of Black. He never gave Black permission to remove the cow from the paddock. *He then went and Baw Black and asked him to return the beast, and he said he wasn't going to give it up because it was his own beast. The animal was valued at £.'?>.

By Mr Nolan : He branded the cow when he took possession of it as a calf. The brand was the brand of Peti Karaitiana. That cow had been his property right up to the present. He knew Tom Wright, and remembered his issuing an execution against him quite recently, but it had nothing to do with this case. He had satisfied that execution.

Did you not then deny having any stock of any kind whatever?— No, I did not. Mr Nolan : Take that down, that's all I want.

Cross-examination continued : That was a registered brand of Peti's. First saw Black at Clark's and then at Waerenga-a-kuri. Described the brand to Black when at Clark's as a brand on the right side. Did not tell him in the presence of Wyllie, Cleary, Wright, and Clark that the brand was on the rump. Did not tell Carrington that Black's cow had died under a peach tree, and he had taken this in mistake.

Re-examined : The warrant of execution was paid in Mr Coleman's office by Peti Karaitiana. He was half brother to Peti Karaitiana.

The Magistrate, the parties ami witnesses then went to the wharf to inspect the animals and the brand.

Rangi, son of the last witness, said lie remembered his father having the cow about four years. It was the same cow and calf as he had inspected and it belonged to his father. Black went to fetch his beast from Ereatera's paddock, and witness said " Leave that cow." He said "It is mine." There was one of Black's there, and witness said " Separate them and drive your own away." but he said " They are both mine," and drove Kreatera's cow and calf away. Cross-examined : The cow was brought from the bush as a calf. He did not know where or when it was branded ; perhaps it was when it was big. Did not tell Black that the cow had no brand and no earmark. He kept some distance from Black because he was afraid to go near him for fear lie would be angry. He told Black when lie came that there was one of his cattle there, it having got through from Mr Clark's place adjoining, where Black's cattle were running. He did not see any other strange cattle in the paddock. The Magistrate said it was his opinion that if the brand had been done four years a<'o it would have been four times larger than it was. To have contracted as it was, it appeared to have been done a few months previously. By the Court : The cow and the steer which Black claimed us his always went together in the paddock. He had seen them Home weeks since. There was a wire fence round the paddock, but cattle could get through in one place. Tuatine Tipoki was asked, supposing the cow was branded when four months old, would the brand increase in size, but he kept fencing, and would not answer the question. Afterwards be said that the brand

would be much larger on a grown-up «ow that on a calf. The animals were the property of Ereatera, who had had the cow about four years. The cow was branded as a calf.

The Magistrate: How is it, then, that this cow has a brand exactly the same size as the branding iron ? — Witness : It is just a theory of mine ; who can tell ? Poki, son of Nicholas, said the cow belonged to " us," and it was branded with the iron produced about two years ago. It was a clear brand, but got scratched in the scrub. The steer (also taken by Black) went together with the cow for about two months, having got through the fence. Cross-examined: Ereatera got the cow from the bush .about four years ago, and branded it when he got it. When asked by the Magistrate, witness said that his first statement -was the trite one, that he saw it branded two years ago. Constable Reddell deposed that he arrested Black on a warrant at Tiniroto on Friday, sth inßt, and took possession of the cow and calf. Black cut them out of the mob for him and claimed the cattle as his. He had given every assistance and sent a man with witness to bring the cattle down. He brought the steer to town because he could not separate it from the cow and calf. Complainant went with him to identify the animals and said they were his after they were cut out.

Sergeant- Major Moore said that he saw no necessity to call further evidence though other witnesses gave similar statements.

Mr Nolan said the evidence showed an entire evidence of any felonious intent. Mr Black was acting on a bona fide belief that the cow was his, and the evidence showed clearly that the cow was not the one which the Natives said they branded as a calf. Black had courted enquiry and there was not sufficient evidence to go to a jury. The Magistrate said there was no evidence to go to a jury. Black has acted throughout claiming the cattle as his, and it was extraordinary that the steer and the cow and the calf could not be separated. As to the bi'and, he should say that if it had been put on when the animal was a calf it would have grown ere this. He would therefore dismiss the information. There was no evidence to show that the cattle were not Black's.

A Sim mam w«* ttstatly found en th« Ftrcy River, Queensland, A Ballarat man committed suicide because he had some money left to him. The total quantity of augar exported from Queensland since June last is 28.669 tons. During the past year the number of names on the register of the Melbourne Young Men's Christian Association increased from 800 to 1000. The fruit authorities consider the advent of Tasmanian apples in the English market will afford a test of what the demand in future is likely to be. Those apples are the largest and finest in the market. Both the supply of and demand for American fruit are lower, opening a splendid prospect for colonial apples, provided the shipments do not exceed fifteen thousand cases per fortnight. — (Cable message). A banquet is to be given by the electors of the Hutt to Dr. Newman, their representative, on the 24th instant. It is said that Mr Rolleston, M.H.R., Mr Bruce, and several other political notabilities in and out of Parliament will take part in the speechmaking. The pre-sessional campaign of 1892 is likely to be very active. This banquet ■will probably lead off the series of events which will lead up to the opening of the next session. An Irishman of the better class, who thought he must conform to the fashionable mania of paying a visit to the Falls of Niagara, arrived at the Falls, and taking a look at the surrounding wonders, addressed himself to a gentleman with : " And this is Niagara Falls?" " Yes," was the reply. "And what is there here to make such a bother about?" asked Pat. "Why," said the gentleman, " do you not see the mighty river, the deep abyss, the great sheet of water pouring down ?" Pat looked at the water, and replied, hesitatingly, " An' what's to hinder it 1" Sir Edwin Arnold is not wanting for a good opinion of his profession. At a convivial gathering at the New York Press Club the other day, Sir Edwin, speaking with a long experience of Fleet-street life, declared that a " successful newspaper man must have the constitution and the hide of a rhinoceros, and a hair-trigger intellect. I am," he added, "prouder of the fact that I am a journalist than I should be of being an Archbishop or a Lord Chancellor." A daring burglary occurred recently at the residence of Major-General Tulloch, Melbourne. Nearly every room was ransacked, including the cellar, %vhere the thieves regaled themselves. The articles stolen were chiefly the property of Captain F. S. Pelham, R.N., who arrived by the mail steamer the day previous to take command of the Victorian Navy, and was a guest of MajorGeneral Tulloch. The burglars thoroughly ' searched his luggage. Young Tulloch heard a noise about half-past two, and on looking out of his bedroom door he saw a man creeping downstairs. The first thing to hand was a dumb-bell, which he threw at the man but missed. He then snatched up a loaded revolver, and rushed round the balcony and saw a man crossing the yard. He fired twice, but the man escaped. Late on December 18 a terrible accident occurred riear Baguley Station, on the Cheshire Lines railway, near Stockport. The driver of a goods train for Liverpool noticed that the engine ran over some object, and subsequently reported the matter. Upon an official proceeding to the spot, he was horrified to find the body of a young woman terribly mutilated, and the body of an infant about twelve months old, cut in two. It was discovered that the woman was the wife of a farm laborer at Temperley. In a later telegram a correspondent writes : — It now appears that the occurrence on the Cheshire Lines railway was a case of murder and suicide. The 'woman's name was Hamnett, and it is stated that, fearing her husband's displeasure at finding her in arrears, she late last night placed herself and the child, aged two years, upon the railway and waited the arrival of the train, which passed over and killed both. The woman had only been married four years. To illustrate how the codling of the laborer works (says the Wairarapa Daily) we might cite an instance of a pair of worthies who were employed some time ago by a local contractor at eight shillings a day. When the Ministry arranged for work for the unemployed in the bush they threw up their job, and in the guise of wandering bush minstrels accepted a crumb from the Government tables. They found that by working on the unemployed racket they made 14s per diem on the illegitimate basis. One word more as to the member for Masterton's connection with the railway co-operative system. We believe he took down the names of applicants for work in Masterton, that the only available forms of application were at his office, that these forms were taken by his clerk to Eketahuna and handed over to the charge of Mr Toohill, a local resident who represents him in that neighborhood. Subsequent to this an officer of the Government appeared on the scene and allocated eleven contracts between tho applicants introduced to him by the member for Masterton and his agents and friends. Virtually wo are assured the whole of these rich contracts, which were calculated to give each worker on them a pound a day, were distributed amongst the immediate friends of the member for Masterton. We affirm that thousands of pounds have been given as a bonus to certain bush residents through these contracts, and that general indignation prevails throughout the bush districts. Judging from an interview with the Governor of Oklahoma in the Chicago Inter-Ocean the Legislature of that newly settled territory must be the most chaotic and dangerous legislative body in the world. Governor Steel said :— ." Terrell, the man was most frequently to be seen among a writhing mass of statesmen in free fights, will be tried next month for murdering a man who testified against him in a land case. It always makes me smile to remember a scene in the Legislature where Terrell got the drop on the whole crowd, and cowed them all. He ■wanted to say something, and he yelled to the Speaker : ' Look here, you've got to make this mob hold their traps ; I'm goin' to do some of the talking myself. The .Speaker assured the statesman that he was doing his best to enforce order in the House. ' Well, I will help you,' thundered the modern Mirabeau. He jerked out two enormous horse pistols, slammed them down on his desk, and coolly remarking to the now breathless assembly, ' I'll kill the first coyote that opens his face for fifteen minutes,' proceeded with his speech. At the end of eleven minutes Terrell looked at his watch, put the pistols back in their places, and said, ' Now you can talk.' " The brief allusion made in the cable news the other day to certain electric light experiments in London by •' Tesla," an American electrician, scarcely conveys a fair idea of the nature and importance of those experiments. The electrician referred to is evidently Professor Nikola Tesla, to whose discoveries in electricity Professor Crookes alluded as follows when presiding at the annual dinner of the Institute of Electrical Engineers in London last November. He said: — "By means of currents alternating with very high frequency Professor Nikola Tesla had succeeded in passing by induction through the glass of a lamp energy sufficient to keep a filament in a state of incandescence without the use of connecting wires. He had even lighted a room by producing it in such a condition that an illuminating appliance might be placed anywhere and lighted without being electrically connected with anything. He suspended two sheets of metal, each connected with one of the terminals of the coil. If an exhausted tube was carried anywhere between these sheets, and placed anywhere it remained almost luminous. The extent to which this method of illumination may be practically available, experiment alone could decide. From Tesla's researches it appeared that a true flame could now be produced without chemical aid— a flame which yielded light and heat without the consumption of material and without, any chemical process." The real meaning of this would seem to be that Professor Tesla lias discovered how to utilise, for practical purposes, the vast stores of natural electricity in the atmosphere and the earth, without using mechanical power or heat to produce it. If so the discovery is the most important of the age, and opens up immense possibilities.

' ' To be or not to be, that is the question ' with some ; with others there is no manner of doubt at all, for Hennessy is the man for Shoe Leather. Ladies' Leather .Slippers, 3s (id ; Ladies' Sand Shoes, 3s G'd. Hennessy's {or Boots :-(Advt.)