THIS DAY.

Taranaki Herald, Volume XXXIX, Issue 8756, 18 April 1890, Page 2

THIS DAY.

Friday, April 18,. — His Honor took his seat at 10 o'clock, to which hour the Court was adjourned the previous night.

The foreman of the jury in Philpot's case informed His Honor that they had not agreed upon a verdict.

On His Honor's suggestion it was agreed by counsel to let thi& jury stand aside dining the day.

Mr Standish, Crown Prosecutor, asked His Honor if he would take the re-hearing of the case forthwith. His Honor said that he would adjourn it till Monday in order that it could be heard by an entirely new jury. ALLKKED SHEEP STKALIXU. Tutangi, a Maori, surrendered to his bail charged with stealing on February 6th, 1890, 16 lambs tbe property of A. C. Bretherton. Major Brown interpreted. Mr Slan<lish prosecuted. Mr Samuel defended. In answer to the charge, accused said he did not steal the sheep.

The following jury was empannelled :—: — A. F. Foote, T. Gcddes, AJ. Power, D. Martin, W. Giddy, J. Putt, junr., W. Oxcnham, 11. W. Marsh, W. White-house, T. Furlong, junr, C. Ansford, and 11. Wuston. Mr Wuston was chosen foreman.

On Mr Samuel's application all witnesses were ordered out of Court.

Mr Standish opened the case, and called Arthur Charles Bretherton, who stated he was a farmer living in Patea district, and owned a number of sheep. Ho made arrangements with a native named Moki last January, to graze some lambs on Mold's land, which is a part of the Otoia reserve. They were to be grazed from week to week at £1 per week, Tutangi and a man named Howard, employed by witness, wero present when the agreement was made. Witness wished to lease a paddock near the road, and asked Tutangi whose it was. Tutangi said it was Mold's, and pointed out where Moki lived, and he sont Howard down to bring Mold up, On Moki arriving he agreed to lease Mold's paddook, and wbttU tbftt wag gra^d \vi ftgrisgd. (P leiigs

Tutangi's paddock. Tutangi showed tho two paddocks. This Avas at the end of January last. Witness tucn took woolly lambs up to the paddock — about 859. He only counted them roughly. Ho put them in Mold's paddock. On February 6he took the lambs away, after being there one week. Howard was with him when they took them away. Moki assisted them to muster, and he paid him £1 for the grazing. Tutangi overtook thorn on their way to Kakaramea. Witness had a casual conversation with him. The sheep were mixed with Turner's, and he had to taks them to ,the Kakaramea saleyards to draft them. He made a careless count, and counted 847. He ran them through a big gate, and it was of course difficult for him to count correctly. After he had shorn on February 22 he made a careful count of his woolly lambs, and found they wore 30 short. 1890 lambs were shown. On Monday morning, February 24, he went to look for the lambs, as after accounting for deaths he was still short. Howard went with him, and found 16 shorn lambs in Tutangi's

paddock at the back of the pah. The lambs were recently shorn, and some were ruddled, and their ears recently mutilated. The lambs had his marks on, and the ears were generally mutilated where his 1890 marks -were. His marks had not been altogether obliterated, and he took careful note of each lamb. The fresh marks on the cars were split and holes in them. He had no doubt about the. lambs being his as they were the only lambs on the block. The first lamb he caught had a tip off the right ear as the old mark, and a piece of the same ear at the bottom for a new mark. [Witness here produced a paper which gave the details of the markings, as taken by him when he found the lost lambs.] Mr Samuel admitted that Tutangi did make tho fresh earmarks. His Honor said it appeared to him that I the point was the question of ownership as far as he could see from the depositions. Mr Standish said he was endeavoring to prove that the lambs were Mr Bretherton's. Evidence continued : He saw Tulangi on February 18.

This was the first time he saw him after taking away the sheep on February 6. Tutangi came to witness's dairy whore witness was churning. Tutangi told him that he had found five of his lambs, and wished to buy them from him. This conversation was in English. Tutangi said he would give £2 for 5 lambs, and offered witness 5s as a deposit. Witness replied, " Tutangi, you ought to be hanged." His Honor : " What did you say ?"

Witness : I said, " Tutangi, you ought to be hanged." I said this because he offered me 5s deposit, and if I had taken it 'l considered I would not see the rest.

His Honor remarked that the sentence by itself was unintelligble, but with the explanation the sense of it could be seen.

Evidence continued : Witness then gave Tutangi some breakfast. Witness saw Tutangi outside Bamford's Hotel, Patea, on February 24, and Tutangi wanted to speak to him, but he passed him and went to the police station. This was after he had found the lambs. Ho saw Tutangi again that day. He got a friend of his (Mr Wilford) to ask Tutangi questions. They spoke in English which Tutangi understood. lie had known Tutangi for years. Mr Wilford said, " How many of Brethcrton's sheep have you got, Tutangi?" and he replied "five." Wilford then asked him how ho got so much wool from 5, and then Tutangi said he had nine, and again 15. After further conversation Tutangi practically admitted having shorn 16, as he was not so emphatic in his denial that there were only Jo. Further conversation was carried on in which Tutangi? admitted shearing the sheep. Wilford then told him that he would have to go to gaol, lie did not see Tutangi again on the subject. At no time had he seen any other Maori about buying the sheep. He saw a nativo named Ngahotu and a little boy on February 18, near his front gate. This was five or ten miuutes after seeing Tutangi on that day.

By Sir Samuel : — A road is made up to the block, but not made through the block, but persons go through it. (The Crown grant, showing plan of block was here put in by Mr Samuel). Tutangi told him there was about 60 acres in his paddock, and 50 in Mold's. There is a gully in the latter which is impenetrable for sheep by the bush on the top. He remembered the sheep because they got on Turner's land adjoining Mold's, and caused trouble. The Maorics told him to remove them He also had to remove them because Turner had bought sheep up. Tutangi's paddock adjoined Mold's. There was bush on the sides of the gully in Turner's whiuh the sheep could get through. He searched in Turner's place. In his rough counting he would not be more than 20 out. He drove away every lamb and sheep on the block he could find, which included 400 or 500 of Turner's. Mold helped to muster and drive them to Kakaramea. He offered Moki Is per hea-1 to bring back the missing sheep to him on February 6. He offered Moki 5s to lielp him to drive them to Kakaramea, but when he found them short he altered his determination to give a reward. He had no intention to tell Tutangi how many wire missed until he finished shearing Tutangi offered 5s deposit for the five sheep, but wanted a look. He said " you want a receipt ?" and Tutangi said " yes." They had breakfast together after this conversation. He spoke to Ngahotu and the boy on the road just after this. He asked them if they saw more than five sheep at Tutangi's, and Ngahotu replied " no. " He offered them Is pt>r head to bring the sheep back. Ngahotu is the son of Moki. Tutangi did not tell him that he would send the £2 to him by Ngahotu. Malcolm Howard, employed by the last witness in January and February last, said that Tutangi told him that the missing lambs were not in his paddock when lie went to him about them. The fence between Tutangi's and Moki's paddocks was thoroughly secure. It took IV hours to muster. He counted the sheep when he put them in a paddock. He made about 830 when he counted them by himself. lie identified the 10 sheep iv Tutangi's paddock afterwards. By Mr Samuel : — The 16 sheep were not penned up, but were straying about. Tho old ear marks were visible.

By His Honor ; — The reason wh}- ho asked Tutangi if there were any lambs in his paddock after he knew the fence was secure was because he thought tlu gate between the two jmddocks might bj leit open. Arthur Wilford, farmer, at Alton, near Patea, also gave evidence, lie stated he saw Tutangi in Patea with Mr Bretherton in February last. The sergeant of police was present a few minutes. Mr Bretherton taxed Tutangi with shearing some oi" his sheep, and Tulangi said he had shorn five, lie asked him how he could account for getting 511 bo£ wool from five, and then he admitted shearing nine. Witness said, " It's no use of talking. Mr Brethcrtou has been there, and seen IG." Tutangi tl.cn said he had shorn 15, and in the end led him to suppose ho had shorn the whole lot. He was perfectly certain that Tutangi said he had only shoru live in the first place. Tho lambs would shear from 31b to 41b of wool at the time.

By Mr Samuel : Bretherton did not prompt him to ask questions, and ho only asked one question about the number. He made a casual remark that Tutangi would have to work for the Government. Re-examined : Tutangi, in answer 111 1 the question who shoaied tho aheap, said " m> ? myself." Tiw Court, at (bib stag*, adjourned, tili % o'clwki ,