FAILUE TO AGREE

Poverty Bay Herald, Volume LXIII, Issue 18975, 27 March 1936, Page 9

FAILUE TO AGREE

JU&TJGES ON BENCH QUESTION OF PENALTY The unusual situation arose in the Police Court'a,t Kaitaia of "it wo justices of tjhe peace being unable. ,U> ugn-e. on the ucnaftv to be imposed .upon au offender whom they had agreed should be convicted' and the case was reheard before' a fresh bench of three justices, who''cq'n accused and sentenced hipi t,V soux months' imprisonment. The ease was . one in which Fred Hoiiepa, a .Maori, was charged with the thefr of two head of cattle. -Mr. Kelly appeared for accused, 'who pleaded' not guilty. Constable F. Taylor, who pijosoyuM-d, sai,d thai Jiphepa, who had a farm at' Takahue, near Kaitia, had found two stray beasts on his property, and he advertised the'beasts as straying on his property,' hut purposely put *in the wrong brand and earmark. When the eattle were not claimed he killed "them. An adjoiru,ng fanner, jD. Jyitehen, ahp. .fta'd'a stray wi't.li the same' brand and earmark,'hut iii his advertisement lie put in the correct markings,' and this' led to the stock being claimed by their owner, Fred dob, a Maori farmer from. Pukepoto, a near by settlement. Job spoke to llohepa aboiif ,Uie .oHier ftVMP'. and after first denying 'any .Iyio.wjledge | of .them he admitted .ihe hearts j and giving away the "Jibes'. "ftp b&ng rp-.estionqd $y the. constable, aqcus.ejd made a slatyipeiif, admitting t the office.

The two justices, h. A. g£ciutpsh uM ■s'."&. Housfon, retired ,to consider their verdict, bid were unable to agree on a' penalty, tjhpugh' ,hoth agreed that'accused should he 'cp,iiv,icted As the justices had readied a deadlock a Rehearing of ; the case .was .ordered before Messrs.' J T; B. • Taaffe,' F. fk Howe. ,and J.'W. Hoskeii, .T.P.'.s,'who, afte,r hearing the ccunplete case aga,iii, convicted accused and him to four months' imprisonment in Jifount Eden gaol. :