SUPREME COURT—Criminal

Taranaki Herald, Volume XXXIX, Issue 8757, 19 April 1890, Page 2

SUPREME COURT— Criminal

Sittings. Friday, April 18. — Before His Honor Mr Justice Conolly. ALLEGED SHEEP STEALING. Tutangi, a Maori, surrendered to his bail charged with stealing on February 6th, 1890, 16 lambs the property of A. C. Brctherton. Major Brown interpreted. Mr Standish prosecuted. Mr Samuel defended. In answer to the charge, accused said he did not steal the sheep. The following jury was cmpannelled :—: — A. F. Foote, T. Geddes, M. Power, D. Martin, W. Giddy, J. Putt, junr., W. Oxenham, H. W. Marsh, W. Whitehouse, T. Furlong, junr, C. Ansford, and 11. Weston. Mr Weston was chosen foreman.

( Continued from yesterday.') On the Court resuming at 2 o'clock, William Bamford, of the Central Hotel, Patea, gave evidence as to Tutangi selling the wool.

George Bamford, also of the Centra.l Hotel, gave evidence.

William Charles Symes, fanner, of Manutahi South, said he remembered that Tutangi sheared for him on February 21. Tutangi and another Maori named Moki came back on February 2-4, with two bags, which ho learned contained lambswool. The lot, with bags, weighed 571 b, and 61b were allowed for the bags. Tutangi wanted witness to pay, but witness would not, as Mr Bamford was not there. He gave a note to Tutangi to take to Mr Bamford.

By Mr Samuel : Tutangi came on the 24th between breakfast and dinnertime.

Alfred Frederick Turner, fanner, at Otoia, on the native reserve, deposed he know Tutangi well. He knew that in February last Mr Brotherton had woolly lambs running on tho reserve, lie remembered when Mr Bretherton look them away. The end of January was tho time the time tho main body was taken away, as far as ho could say. lie saw the prisoner removing lambs and sheep from off his place on March 18.

His Honor here informed witness that ho must not state anything as a fact when ho was in doubt about it. The evidence that witness was giving appeared to be unreliable.

Mr Standish stated, after some further evidence was taken, that " This is the most stupid witness about dates I ever met with."

Evidence continued : The sheep and lambs, about 40 or 50, Tutangi was driving were long woolled lamta. Tutangi drove the lambs on to his own land where the pah was. The sheep were witness's, and the lambs, he believed, were Bretherton's. He should say that Tutangi brought back about 40 sheep belonging to him. [The foreman of the jury said that he did not know if it was in his province to mention tho matter, but the jury attached no weight to this witness's evidence]. Mr Standish then said he would ask no more questions.

Benjamin Grey, cross-examined by Mr Samuel, said he arrested Tutangi at Patea about 8.30 p.m. on February 24. Tutangi waited there until he returned from Otoia.

Ro-examined : Witness lold Tutangi he was going to Otoia, and told him he had better remain. This was the case for the Crown. Mr Samuel opened for the defence, and called

Tutangi, who said that it was his name mentioned first in the Crown grant. He was chief of the hapu. The reserve belonged to the tribe as a whole. ' Each had his own allotment for cultivation. He remembered Bretherton coming about putting sheep in tho reserve. The lambs were put there according to agreement. After they were taken away he found live sheep. He heard from Moki that Brctherton had said that he had lost nine sheep there. When he heard that he went to Bretherton. He went to Bretherton's house, and saw him, and told him that he had found five sheep. Bretherton told him then that ho had nine sheep missing at Otoia. Witness told Brethorton he would like to buy them, and Bretherton said £2 would be the price of the nine. Witness replied he would agree when he found the nine sheep, and he would send the money by Moki's boy. Bretherton said, "That will do; and if you find all the sheep send me the £2 by Moki's boy." Bretherton then proposed that they should have some food. When the meal was over witness left and went back. He told Bretherton that he had only ss, but Bretherton said it didn't mind as long as he sent the money when he found the nine lambs. Witness then left, and on the way met Ngahoata and a boy, Topeto. These two told witness that Brotherton had told them what had passed. They looked for the balance of the nine lambs. They found 16 lambs, including the five already found. Some they found in their own wheat field, and some in Turner's wheat field, which adjoina. They found the 11 on Tuesday, and on Wednesday they gave £2 to Moki's boy to give to Bretherton. Ngahoata, the boy, then went away. He did not see the boy again until the Court at Patea had committed him for trial. He sheared the lambs on Saturday, the 22nd, and sold the wool on Monday. He spoke to Wilford and Bretherton, but he thought that they did not clearly understand what ho said, or he what they said. In answer to them he said he sheared the sheep. lie told them ho had sheared all the lambs — that is, 16. [This witness was examined at further length, and cross-examined at considerable length.]

Ngahoata stated he lived at Otoio, and his father's name was Mold. He did not see Bretherton's sheep taken away. He saw live lambs at Otoia after that event. He saw Tutangi after Tutangi had left Bretherton. Brctherton told witness that Tutangi had been to see him, and had told him about 5 lambs, and that Bretherton had told Tutangi that he had lo&i. nine, and that he had agreed to the sale of the lot to Tutangi for £2. Bretherton told him that it was agreed that Moki's son should carry the money to him (Bretherton). Witness then told Bretherton he was Moki's son. lie (witness) took the money the following day, but Brctheiton waa not home. Tutangi gave him the money, and told him to give it to Bretherton for tho nine lambs, and to tell him that sixteen were found. Tutangi also told him to tell Bretherton that he could come up and see the lamba before he sheared on Saturday. Ho would have given the £2 to Bretherton if he had seen him. He said now that he did not go to Bretherton's until the Saturday, on his way back from Manutahi, after shearing. He went to Bretherton's Oa Saturday, on his way homo, but his wife only was homo. Early on Sunday morning he weat back to Manutahi.

At this stage MrStandish rose to addreps the jury, when the foreman intimated that they diil not wish to hear any more on tho case.

Mr Standish said in that case he would not speak. Mr Samuel said ho would make no address.

His Honor remarked that perhaps the jury did not wibh to hear him. The foreman replied that they did not see any reason to trouble him further over the case

His Honor stated that it was no trouble to him — it was his duty — and wished to know if the jury agreed that they did not wnnt to hear him.

The foreman conferred with the juiy, and then informed His Honor that they all agreed it was quite unnecessary. His Honor said in that case there was nothing further to. do %n to fyke till? ysrdist s£ tlis j\)f)' t

The jury then brought in a verdict of not guilty, without leaving the box. His Honor said that, although there was some ground for bringing the action, he quite concurred with the verdict of the jury.

Tutangi was then formally discharged from custody, and the Court adjourned to 11 o'clock on Saturday.