POLICE OFFICE,

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 55, 22 August 1844, Page 3

POLICE OFFICE,

WEDNESDAY, August 14th, 1844; SHEEP STEALING. This morning Emanuel Lewis (a colored man) and a man named Stewart were placed at the bar, charged with sheep stealing. The first witness called was— S: K'-mpthorne, Esq., who on being sworn,said, having received information that some of my sheep vere stolen I caused them to be collected, when I found that one of my Leicester Ewes was missing ; the fleece now produced I have no hesitation »n saying is that of a Leicester sheep which I brought Out from England. I do not know that any other person except Mr. W. Williams and myself have Leicesteis in this neighbourhood. Mr. Francis Ring, on being sworn said I am a butcher, residing in Auckland, one day last week. (Wednesday I believe,) I saw the prisoner Stewart with a sheep on bis back, which I ob«erved was a large Leicester sheep ; on passing the shop of the prisoners on the following morning I saw a side of mutton banging up; I asked the prisoners whether it was for sale ? when they replied" Yes." I tben purchased a hind quarter, which weighed twenty pounds, and for which I paid 5d per pound. Doctor Davis was called and on being sworn Baid, about a week since I met the prisoner fStewartJ on the further side of Mechanics' Bay, at which time he ("the was driving a Leicester sheep, which was very fa U&J asked the prisoner what he was going to doHvith it? he replied, " kill it this eveniog," I then asked him where he got it r when he said *' at the Wade.'* I told the prisoner to bring me a portion of it on \ the following day, which he did, and for which he J was paid.

Isaac Wade, a labourer in the employ of Mr. Kempthorne, was called and after being sworn said, I know the prisoner (/Stewart) who I saw last Wednesday, driving a Leicester sheep, which I thought at the time belonged to my master, as I had often handled his sheep ; I asked the prisoner at the time " whether the sheep was not Mr. Kemps thorne's ?'' when a man who was in company with the prisoner Stewart, said "it was not." The fleece produced is that of a Leicester sheep, but I do not see any marks by which I can identify it as being my master's. I know of no person in the neighbourhood of Auckland, who has any Leicester sheep but my master and Mr. Williams, and their sheep run together at the Tamaki. Mr. W. Williams, On being sworn said, I have" some Leicester sheep running with those of Mr. Kempthorne, and from information I received, I had the sheep collected, when, at first, I missed three, but on close examination it was found that only one was lost, and that was the property of Mr. Kempthorne; Mr. Kempthorne's sheep had a bit cut out of the tip of the car, like aV ; the fleece produced I believe to be that of the lost sheep, as Mr, Kempthorne and 1 are the only persons who have Leicester sheep in this pattof New Zealand; the prisoner Stewart, was foimerly in my employ. Peter CrozJer. a seaman, was called and on being sworn, said, on Wednesday last I went to the house of the prisoners ; I saw a sheep in their bed room, under the bed ; I said, " what is that ?" the prisoner Lewis replied " a sheep." The prisoner Stewart, said, " he need not be ashamed to shew it, as he had bought and paid for it ;*' soon after, Lewis killed the sheep (in the bed room); the blood ran through a broken board in the floor,* I told Lewis the sheep was in young - , aud on its being "opened there was two lambs in it, which Lewis took out a«d threw in the water closet, the point of the ear of the sheep was cut out and it was a large wooled sheep; the skin was put in an outhouse. 1 afterwards 1 saw a large dog tearing the skin, 1 believe the fleece now in court to be the same.

John Doran, was called and on being sworn said [ kept Mr. Clarke's sheep some time since on tlie Tamaki ; I have seen Mr. Kempthorne's sheep running there at (he same time with Mr. Clarke's, 1 know the prisoners as they lived next poor to me: last Tuesday or Wednesday there was a carcase of a ewe sheep in their house, I bought the head and pluck. Mr. Atcheson Oliver slated, 1 know the prisoners by sight, as they lived opposite to me ; oil Wednesday last I a sheep hanging in the front of (he prisoners shop ; early on Friday morning I went out for a light and I saw a dog tearing a fine sheep skin, in the house adjoining the pnsoners which he took up as it was a remarkable fine one with a largie quantity of wool on it, and was taking, it away to wash it when 1 met Doran, the last wit = ness, who tol I me it be>»tiged to one of the pi is ners; I said if ihe prisoners, or aoy one else claimed it they should have it ; soon aiter, the pn-oue« Lewis claimed the skin and took it away. Ihe fleece now produced 1 believe to be the same. Mr. James Suvth, Chief Constable, wn- Uien sworn, and deposed that on the previous run ning (Tuesday) I went to the house of the prisoner Lewis and asked him to shew me ihe skin of a sheep he had killed on the previous week ? Lewis replied he could not produce it, ;is it had been torn and destroyed. I searched the house but could not find the skin, but on going into an empty house adjoining where the prisoners lived, I found the skin produced; I asked the prisoner Lewis if that was the skin of the sheep he killed last vveek '{ when he replied "it was." I then took Lewis into prisoner, Stewtof, as I was taking him to the lockup he asked me what I took him into custody tor? but f made him no reply, he then said I suppose it is about that sheep ; on being put into the look-up he said it was the first time he had ever been there and he had only himself to blame. The prisoners were then remanded until the following morning. THURSDAY, August 15th, 1841. This morning the prisoners Lewis and Stewart were again placed at the bar for further examination, when Mr. Kempthorne was-' called and sworn ; after which he saul ihe value of the lost sheep was J?i. At this stage of the proceedings Mr. Bartley en= tered the Court, and, ?ddressing the Chief Police Magistrate, said, " I am about to appear in this court in a new character, viz.., as prosecutor." The learned gentleman then looked over the depositions of the previous days proceedings, after which the fjp.n'ch enquired whether Mr. B. wished to have any of the witnesses recalled, but he replied in the negative, saying the bench had put all questions that were necessary. The prisoners declined cross examining any of the witnesses. The evidence against the prisoners being closed* the bench told them that now they might make any statement they thought proper regarding how they got possession of the sheep, but at the same time, continued the bench, yoti need not say anything if you do not feel inclined to do so. The prisoner Lewis, said, this man (pointing to Stewart) left me to go to the Wade to buy pigs, but on his return he brought a sheep, which he said he bought, and gave me this paper, which he said was the receipt, fhere Lewis handed the bench a receipt for payment of a sheep fro'ai some persou named Clarke, at the WadeJ but continued the prisoner Lewis as I could neither read nor write I took the paper supposing that it was all right, and if I had any suspicion it was stolen it is not likely I should have exposed the sheep for'sale. Iu answer to the bench Lewis said He did not know much about 4iis fellow prisoner, further than that he lived at the Royal Hotel when he fLewis) wa3 cook there, and that the only name he knew him by was William. The prisoner Stewart deel ned saying anything in his defence. , The prisoners were then both committed to take their trial lor sheep stealing.