THEFT OF CATTLE

Waipa Post, Volume XII, Issue 827, 14 March 1919, Page 3

THEFT OF CATTLE

CUNNINGHAM BEFORE THE COURT FIVE YEARS’ DETENTION

At the Supreme Court, Hamilton, on Monday, before His Honor, Mr Justice Cooper, and a jury, Herbert Cunningham was charged with the theft of a cow, valued at £l2, at Honikiwi, the property of Arthur Frederick. Accused, who pleaded uot guilty,conducted Ms own defence. Mr Hf. T.Gillies appeared for the Crown. Evidence, as given in the Lower Court, was called, the witnesses being Arthur Fredrick, Robt. Carrie, Ghas. Redwood J. I. Prentiice, W. G. Moon, and Constable Marlow. It was explained that Fredrick has a farm beyond Otorohanga, and that accused managed a farm in thajt neighbourhood. The cow wMoli formed the subject of the action, was grazed on a Mr Carrie’s property along with other cattle, and was first missed when ithe lot were mustered on January 17th'. Four days later it was discovered on Prentice’s farm at Pirongia, and it was shown that Prentice had bought the cow from tho accused. For the defence accused addressed the jury at some length, stating that lie had driven a mob of cattle along the road. The only explanation he could give was that the cow an question must have been on the road and been picked up by the mob. Accused claimed that all his actions had been honest and above board, and said he had sold the cow to Mr Prentice, fully believing it to be bis own. A verdict of “Not guilty’’ was returned. On Tuesday Cunningham was arraigned on a further charge of stealing 18 head of cattle, the property of Robert Carrie, at Honikiwi. He was defended by Mr J. H. Luxford. Evidence, on the lines heard in the Lower Court at Te Awamutu, was given by Robt. Carrie, A. Frederick, Wingel S. Klenares, Chas Redwood, W. Budden, G. Williams, A. Pretty, E. Pettit, J. Sheriff, N. P. Jack, J. Bruce, R. Carrie jnr. and Constable Rush ton. It was stated that 24 head of cattle were ’missed when the stock on Carrie’s farm were mustered. Ac-

cused had been seen driving oattle towards his own place between 4 and ■ y J) a.m. on 'January 18th. Later, representing them as the tail end of a mob from Taranaki, accused had yarded these cattle and sold them at the Morrinsville sale. For the defence, Mr Luxford claimed that the cattle had not beeu definitely identified; also that lit was extremely doubtful, on the evidence, that accused had gone near Carrie’s place.

The jury returned with, a verdict of' "Guilty.” ■Mr LuxfoTd, in pleading for clemency, mentioned that about 20 years ago, accused was convicted on three charges—one of theft, and two of breaking and entering. Since then he had lived a straight and honest life until Ills present lapse. His Honour pointed ouit that cattle stealing was a very serious offence—one of the most serious In the criminal law —and must be adequately punished. He sentenced prisoner to be detained for reformative treatment for a period not exceeding five years.