ALLEGED CATTLE STEALING.

Gisborne Times, Volume XLV, Issue 3999, 4 August 1915, Page 3

ALLEGED CATTLE STEALING.

CHARGE AGAINST A NATIVE. A POUAWA CASE. The serious charge of having stolen at Pouawa on May 26 last a bullock of the value of £ls, belonging to Thomas Frascir, was preferred against a Native named'lhaia Hoko'ki at the Magistrate's Court yesterday morning. Detective McLeod conducted ,the ; prosecution, while AI r 'Dunlop appeared for the defence. Thomas Eraser, sheepfanner, of Pouawa, said his leasehold property adjoined a Maori reserve. About two years ago lie purchased a yearling Hereford, bullock from George Moore, of Pouawa. During the last two years this Tinllot-k had been running on the Maori reserve and the road, the reserve not- being fenced. _ It was a red bullock, with a white face, and was earmarked. ('Witness drew the earmark on a piece of paper and handed it up to the Magistrate, who remarked that it resembled a gentleman’s b.;w.) Continuing, witness said this was his registered ear-mark. He saw the bullock in May last, and missed it during the first week in June, and had not seen it. since. No one had authority to remove the bullock or sell it. A\ ifcness knew \nc accused, who had no' authority to remove the bullock. Witness valued the bullock at between £)."> and £l6. Uy Mr Duniop: The area of the Maori reserve was about 150 acres. It was bounded inland by witness’ feu cos and on the front by the sea coast. There was rough cattle feed on it. Witness was not atvare that accused was one of the owners of the reserve. Witness had no right whatever in the reserve, and had no claim to graze stock on the reserve. The bullock was running on the road when witness bought it. an he allowed it to remain there, lie did not remove the beast into his own paddocks. V, itno.-s saw the beast on an average about a week-, and informed some of the Natives living on the reserve that lie had bought this bullock, but be did not inform the accused. The bnlloek woukl he about three vears old now, and had been a fat bullock during the past season. It became fit for the market about six or eight months ago. Witness occasionally sent mobs of cattle to the freezing works,- but had not sent any ibis year. Witness sold fat cattle about last- February, and the reason he did not sell the one in question was because he wished to show him in the Show tins. year. "Witness had never examined the earmark since it was nut on shortly after witness bought the-beast. Moore did the earmarking, and witness had frequently soon, it. Witness could not say whether the earmark had been nut on bv a knife or by a dipper. Ihe earmark was distinct. An earmark put on a young beast would not grow out of shape as the animal grew. It was probable that the earmark might grow to appear to be_ a little larger than when put on. Witness was quite satisfied as to the age of the beast, which looked an older bullock than he ready was. There were no defects about the bullock. Witness had seen working bullocks on the reserve. About three years ago. a bullock that was very lame was left on the reserve. A few days later witness saw it in one of his paddocks. One of the Natives asked witness what this bullock was worth, and witness told them il they coukl get the bullock to Gisborne it would be worth £B. The Native s appeared to be under the impression that witness wanted E 8 for the bai-lor-k. Witness told them the bullock was not his, and as far as he was concerned they could take it. Sonic time afterwards the Natives sent wn.ne.ss four oi five sacks of potatoes. To II is Worship: lie and the Natives had always been on very friendly terms, and he did not look upon tmgift of potatoes as payment for the bullock.

Coniiinline: under‘cross-examination, witness said it would surprise him if the Natives now olaimed that the potatoes were sent as payment for the unliock. \\ itreess reeeived the potatoes from llt ini Kanta. wlm some time afterwards died, and witness undcistood that the bullock was wanted for the tail'd. Witness did not remem' her a bullock belonging to Mr A. B. Williams being on the reserve, but one of Mr Fl, B. ’Williams’ bullocks was there about two years ago. 'Jins was a 1 mlloek which used to .jurnn the fences, and was all over the place. Mr H. B. Williams rang witnessup to say that a lieifer of his (witness') was on' his station, and witness replied. “1 have been feeding one of your bullocks for the past twelve months, so we are* quits.” Mr Williams then suggested that they should swop beasts, amt witness agreed. II a beast ucio to knock ur> while being driven down the Coast the reserve would be a likely place for it to be left. Witness told three or four Natives that the •bullock belonged to him, and some of them later wanted to buy it from lnm. W it poss- < lid not think that there were more than four or live Native lam:lies in the Pouawa settlement. On .June 10 witness reeeived information Unit the hulleek had been taken by recused The information came from Eruera Te Kura, a Native, on _ June ] 7 'tho weight of the hiilloek in. case would be between 750 and SOu ] i \S. To Detective McLeod: No. other Hereford bullock had boon running on flu* reserve up to the time witness missed the bullock. The Natives at Pouawa. knew witness’ bullock. George Joseph Moore, a station hand in the employ of Mr Eraser at Pouawa. said he lived on a section which lie leased frem Mr Fraser. He remembered; selling a yearling Hereford to Mr Fraser. Witness bred the beast himself, and it: was running on the Maori reserve at Pouawa. _ Alter Mr Fraser bought the animal, witness put Mr Frasers regi sawed oai mark upon it. Witness saw the bullock on an average about once n week, and last saw it on tho. reserve about the third week in May. Witness could not say whether toe Natives know that Mr Fraser owned the bull°]sv Mr Dunlop: Witness had been in Mr Fraser’s employ lor the lastfour years, and was in his employ when; he bred and sold Dio bullock. He bred the bullock on his leasehold section, and it had no mark on it when witness put Mr Frasers earmark on it. There were about seven or eight head of cattle, running ore the reserve, of which two, belonged t» witness. None of Mr Fraser s cat Jo were running on. the reserve now as far as witness was aware. Witness poHcid Vic Fraser's earmark on me bullock every time he saw it. The earns ik was put on with a kmle when the bullock would hr- about a year old. Witness owned about five or six cattle, and had about six or seven when he sold the yearling 1o Mr I rasei. Witness had no right to gia/o stock on the reserve. Tho bullock was a. red bullock, with a white face. Mr brasoi ran from 200 to 1500 cattle on Ins pioportv at Pouawa. . John Cleary, drover, said he remembered being engaged by air Giay, buyer for the-Gisborne Go-opevativc Meat Co , to go to Wannoko tor a mob of cattle about May 22, When passing through the Native reserve at Pouawa witness lost eight of clie mob, and came on. with the remainder the mob toTatapouri. Two days afterwards witness returned to pick no the eight he had left on the reserve. Ihe accused .went with witness from latapoiiri. They caw a fat bullock there, W witness asked accused who it belonged to. It was a red Hereford hnllo'’k with, a white face. Jne accused replied that it belonged to the Native''' and had been dropped there by a. drover sonic three or lour years before. Accused asked witness if- I ®, would buy it. Witness said he was not buying, but Mr Gray would. Accused then put the bullock with witness mob, and accused and . witness t.u-i drove the cattle to VVamu. Accused and witness came to town that r.tteiHoon, and met Mr. Gray and A-i G-O. V '-: 1 . . -

Williams. Witness told Mr Gray that he had brought a fat bullock from Pouawa, and told him that accused said he was the owner and wanted to sell it. Accused then offered the bullock to Mr Gray for sale. He asked £8 for the bullock. Accused sold the bullock to Air Williams for £B. Witness had seen this particular bullock On the Maori reserve at Pouawa about two years before. By Mr Dunlop: Witness, had a good opportunity of examining the bullock on the way. down. Witness -would certainly say it was live years old. Witness looked very carefully, and •could see neither brand nor earmark. Lie should certainly say it was not earmarked. The animal had had a fractured off foreleg at some time, but was perfectly sound. The fra ture was very plainly visible. When the accused got the bullock it was in broad daylight, and accused drove it openly through the pah. Witness had heard of bullocks being abandoned on the reserve. Ho had left bullocks there himself for three months, anti laid picked them up on the next trip. In his experience as a drover lie had never heard of bullocks being abandoned for twelve months. .If ' witness left a bullock for twelve months or two years, lie would not abandon it altogether. He would expect to have to pay siiini'tlung for grazing. ■George S. Gray, buyer for the Gisborne Co-operative Aleat Co., stated that he employed Cleary on Alay 22 last to bring cattle from VVaimoko. On May 22 witness met Cleary and accused, an.d~iho former said “I'“re’s v’lie man that owns that lull lock I was telling you about.” Ac used said he wanted £8 for the bullock, and witness told him he would see him the next day. Accused said he wanted some money that night, as lie wanted to return home first tiling in the morning. Witness told aeiused he could not buy like that; lie was not allowed to. He coukl only buy through cheque through the office. Air G. Williams was there, and witness told him to buy it, and told him lie (witness) would give him the value when he saw it. Air Williams: bought the beast for £B. Witness' saw the bullock next day. It was a red and white Hen-ion! bullock. \\ Itness looked, but could not see any earmark.

By Air Dunlop: Witness would say the bullock was a t year-old. Witness gave Cl I for the beast. The bullock would not lie worth CIo or £l6 at that particular time. George Henry Williams, merchant, said that about May 26 last, in company with Air Gray, lie saw the n"cuscd in Albion Lane. Accused came up with Mr Cleary, and the hitter said the accused nad a bullock tor sale, and wanted Gray to buy it. Air Gray said he coukl not buy it, hut probably witness would buy it. On Cleary’s recommend:: tion, witness agreed to purchase the bullock lor C'B. Witness sold the bullock the following morning to Gray. Detective McLeod stated that on July 26 last he arrested the accused on 'warrant-, charging aim with the present charge. Accused said the bullock did not belong to Fraser. Witness asked him if he owned the Indloek. and accused said he did not. \\ itness asked him if he knew who owned the bullock, and lie said lie did not. The bullock had been running about the pa h for some' two years, and lie had sold it to par for the grazing on his land. Witness said the bullock was a red one, with a unite face. Mr Dunlop said that on the evidence accused had no case to ansuei. It was quite clear that the bullock accused had sold was not the one which had been lost by AH Fraser. Two witnesses for the Crown had definitely stated that, the bullock had no earmark, and had a fracture of the oft foreleg, which was plainly visible. He submitted accused had no case to answer. ' His Worship, after reviewing the evidence, said timt a doubt, was certainly raised u> to whether the bullock sold by the accused was the one vylrcli had been lost by Mr T- raxer. f was not sufficient evidence to justit.v him in sending the case to a jury. I he accused would be discharged.