SUPREME COURT

Waikato Times, Volume 90, Issue 14008, 11 March 1919, Page 5

SUPREME COURT

CUNNINGHAM BEFORE THE COURT. ALLEGED CATTLE STEALING. At the Supreme Court, Hamilton, yesterday, before His Honor, Mr Justice Cooper, and a jury, Herbert Cunningham was charged with the theft of a cow, valued at at Honikiwi, the property of Arthur Frederick. Accused, who pleaded not guilty, eonducted his own defence. Mr H. T. Gillies appeared for the Crown. Arthur Frederick, farmer, Honikiwi, stated that his farm was on the skyline behind Otorohanga. Between his place and the junction of Te Rau-a-Moa road was the property of Carrie, further on Mr Redwood's, then the property managed by accused. Carrife did not reside on his property, which was managed by witness, who had cows of his own running on the place—one a ten-year-old light Jersey, and the other a roan cow. He had the J'ersey for seven years, and it was branded and distinguished._by the fact that its horn had shelled. The cow was close to calving on January 9th, when he last saw it on the property. The fences and gates on the property were in good order. On January 17th he mustered the cattle, and found that the cow was missing. On the 21st he saw his cow at Pirongia in the possession of Mr Prentice; she had then calved. He identified the cow at once—could tell her a quarter of a mile away. No one had ever had any authority to remove the cow. By accused: Ho had not called any confirmatory evidence of his ownership of the cow" Prentice showed him the receipt for the cow, signed H. Cunningham. It took him about four and a-hali hours to muster the cattle. The property comprised about 7.00 acres, of which 200 were bush. There were seven or eight wires on the road fence, but he could not sav how many subdivisions there were. TTiere was' no division between his property and that of Carrie, but there was a cliff. He had never examined the road, fence alongside the bush so could not deny that it was out of repair. Accused had told him that he had bought a mob of Holsteins- It a cow was on the road it could easily get in a mob which was being driven down the road. By Mr Gillies: He had never known any beast to get from Carrie's place to Carrie, farmer, Ngahinepouri, with a farm of 740 acres at Honikiwi, said that the road fence was in perfect order, and the boundary between the troperty and Frederick's was a ridge, practically cattte ..proof, cattle never having been known to cross. Frederick Nid bsm looking after his proper+y. and bad permission to run two dairy cows there. He had never seen the cattle. On January 19th he visited the property and saw one cow belonging to Frederick. The fences were m Rood order at that date. He saw footprints of cattle coming out of his place, and down the Otorohanga road. ... Charles Redwood, farmer, Honikiwi, stated that Cunningham's P^fy™ 8 nearer to Otorohanga than Ins placte, Carrie's being further away On January 13th he saw accused between 4 and 5 a.m. driving a mob of cattle in front of witness's place. f arrn er Pirongia gave evidence that a man cased who said that he had » £W or Til cow out at Turner's, wh.ch he defied to sell for £B. He %*«***»* ihat Turner had the first refusal of the cow at £9. Witness said he would *ee TumeV, and did so, subsequently promising to take the cow, accused to get the monev from Moon the storekeeper. Next morning the cow was left in his paddocks. Accused told him that he was representing a syndicate. Walter G. Moon, storekeeper,. Pirongia, stated that by arrangement with Prentice he paid accused ±-0 toi the cow, and received a receipt. Constable Marlow, of Auckland, sat'J that he interviewed accused, who made a statement that he nad bought and sold manv cattle recently. He could not account for the cow belonging to Frederick. He may have sold it, but could not remember how he came by it, as he had been doing such an extensive business, buying and selling. This closed the case for the Crown. For the defence, accused addressed the jury at rome length, stating that he had driven a mob of cattle along the road. The onlv explanation he could give was that the cow in question must have been on the road and been nicked un by the mob. Accused claimed tjiaTail his actions had been honest and above board, and said he had sold th« cow to Mr; Prentice, fully believing it to be his own. A verdict of "Not guilty" was returned. A Further Charge. This morning Herbert Cunningham was again arraigned on a further charge of stealing 18 head of cattle, the property of Robert Carrie, at Honikiwi. He was defended by Mr. J. Luxford. Robert Carrie, farmer, gave evidence that he lived at Ngahinepouri, and had a farm of 740 acres at Honikiwi. At the beginning of this year there were 86 of his cattle and two of Frederick's running on the property. On January 19, upon mustering, it was found that 24 of his cattle and one of Frederick s were missing. , Witness described the missing cattle, and the manner in which they were ear-marked and branded. He had given no one author-; ity to remove cattle from his property. At the time of the Police Court pro- | ccedings he was shown 18 head of cattle, which he identified as his. He. valued them at £135. At the end of January he identified seven cows on Mr Body's' property at Motumaoho, three steers on Mr McGill's farm at Shaftesbury, three cows and calves on Mr Bruce's farm at Silverdale, one cow and calf on Mr Pretty's farm at Matangi, as his. The (rates and fences on property at Honikiwi were in good order. 'He saw footprints of cattta leading from his property to the road, and toward* Otorohanga. Arthur Frederick, farmer, Hornkiwi, gave corroborative evidence. He was looking after Carrie's farm. On January 9 he mustered the cattle, and found them all there. On January 17. 25 of them had disappeared. Accused s property was nearer Otorohanga than that of witness or Carrie. . Wenzel Sklenars. farmer, Honikiwi, 'said that on. January 16 he noticed that the fate to Carrie's property was on the hinges, but was stock-proof. H<saw tracks of cattle leading out and down Ihe mad. Bv Mr Luxford: He knew the ne cused's property,-the fencing of winch wo« not, in food order Charles Redwood, farmer. Honikiwi, deposed to seeing accused driving a mob of cattle nast his house on January- 1.1, bf+wonn 4 and 5 a.m., towards his own property. ~ . (Proceeding.)