RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume IV, Issue 819, 15 December 1882, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON.— To-dat,

[Before I. N. Watt, Esq., R.M.J

Alleoed Sheet Stealing. John Meiklejohn was charged with “That on or about the 30th November, at Ilakaia, in the Colony of New Zealand, ha did feloniously steal take and drive away 510 sheep, of the value of L 306 sterling, the goods and chattels of Sir John Hall, contrary to the form of the Statute in such •esse made and provided.” Mr Branson appeared for the accused, who pleaded not guilty. Mr Branson asked that all witnesses might be ordered out of Court. Sergeant Felton said that on Saturday, the oth of December, about 8 a.m. he arrested the accused at the Ashburton Hotel on the present charge. Witness said, “I arrest you for sheep-stealing.” Accused said, “ What sheep ? ” Witness replied, “ The sheep you took away from Davis’s mill last Tuesday.” Accused said, “ I know nothing about the sheep—l never had any sheep.” Witness said] “ The sheep I mean are those you drove

across {lSPrivarNmt Saturday.” Mr asked ms- Wdrphip to say whethefc-jjthia dvictßjSte was,' admissible. Elia: ,Worship daid “this only a preSergeant,; Felton realising ms evidence, bontiuiisd—accused t*aidj?j knort nothing ’ i- 1 u any ahoep.J You bad bettor mind what yoVV artj^ making a great mistake.” Witness again described the sheep he was referring to.—J. E. Pdunlafite,’ mahdger afSfirJr'HßnfgßSSp’ station, Uororata, seventeen or eighteen miles from- Rakaia, had missed some sheep off the run on Tuesday laat, abuut fifty. Identified the sheep outside the Courthouse as some of those missing. 500 sheep were missing in all, or thereabouts. The witness here described the bran ! s, and went into details. The sheep witness had examined had got the earmarks and brands he described. The sheep had not been sold to any person. Did not know the accused. He had not been engage! driving for witness. He did not know him at all. They never sold sh ep without a special mark on them, and the sheep removed were not so marked. —William McLaren, shepherd, employed by Mr Peel, Rakaia, deposed that on the Ist o' December he met accused while on his way home. He was driving a mob of sheep, and witness made up to him and they entered into conversation. IN itness asked accused whose sheep he was driving, and ho replied, “.Peter Grant’s.” Witness replied, “I believe you have one of Mr Westenra’s sheep there,” and accused said there might be one. Witness then said, “ I think you have also one of ours.” Accused said that if he had Mr Grant would give delivery of it when he got the flock. Witness replied, “ That will not do for me,” and dismounting from his horse he went into the flock and caught two sheep for examination. Witness after looking at the sheep said “ Every blessed sheep you have got belongs to Mr Westenra.” Thought the sheep were Mr Westenra’s from the brands, etc., but he was now'prepared to swear that the sheep outside were the property of Sir John Hall.—James Davison, farmer, south side of the Ashburton river, deposed that accused visited his place on Saturday, 2nd December’, about half-past eight or nine o’clock in the morning He said he bad ■just crossed the Ashburton river, and asked witness to put some sheep in a small paddock for a few days for him. He said he was going to take them to Tinwald. Witness asked accused where he had got the sheep, and ha said from Mr Drummond, of Rakaia. On the Sunday accused brought the sheep over 1 , and kept them at witness’place until Thursday.— Constable Neill deposed to being at Waterton on Friday, Bth inat., and to tracking a mob of sheep from Jas. Davis’s house to the lower ford. On Sunday, the 10th, witness found a mob of sheep in the river-bed. Accused said they had nothing to do with him. The sheep were all marked similar to those outside the Court. —Alex.. Grant deposed that he was a cattle dealer living in Christchurch, and did not know accused., Ho had .no transactions with him, and never bought sheep.—Mr Branson :'But it was Peter (jbrahti tp whom accused said he was taking the sheep.— Sergeant Felton said it was Peter Grant of whom accused said he had got the , sheep, but Alex. Grant was ~to take delivery of them.—John Harris, a shepherd, employed by Sir John Hall, deposed to examining the sheep taken from the river bed by Constable Neill. They were Sir' John Hall’s property. Some of the sheep were outside the Court. —At this stage Mr Branson said that he would not proceed further, but if his Worship was satisfied that there was a prima facie case against his client he would merely reserve his defence for a higher Court.—Accused was then formally committed to take his trial at the next sessions of the Supreme Court, Christchurch. Nothing was said about bail.

CIVIL CASKS, . In the following case's judgment weni for plaintiff with costs :—Orr and Co. v, Dudson, claim L 3 7s ; Lancaster v. Markham, claim L 7 2s lid ; Mulford v. Porter, claim L 5.

Toner v. Smith, claim L2O. Plaintiff nonsuited.