RESIDENT MAGISTRATE'S COURT.

Ashburton Guardian, Volume IV, Issue 840, 12 January 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

I ASHBURTON.— To-day. ' ! [Before I. N. Watt, Esq., R.M.JI ' -■•£« I Civil, CASKS. | Harrold v. Sealas—Claim L2 13s. i Judgment for plaintiff. cA i Stewart v. Betts—Claim L 5 5s 9d. Case i struck out. : Harrison v. Gough—Claim LI Judgment for plaintiff. A. Hayes v. Welsh—Claim LS 2s 6d. i Judgment confessed. , r 1 r A. Hayes v. Cashmen—Plaintiff nijnsuited. : ill A. Hayes v. Andrews—Claim; L4o_2s lOd. Judgment confessed. :. - A. Hayes v. Bradley—Olaim^L4s;ofs lOd. Judgment for plaintiff , .o;i V 7 Cairnoross v. Grant—Claim L 9: list 3d. Case adjourned. . ■ -isq Sd. Dippenheim v. J; Dippenheim— Claim LI. This was a claim for breaking into the plaintiff’s house and committipgj a trespass. Martha Dippenheim, wife of the defendant, said she lived at Hampstead in her own house. A protection order had been granted her by the Court to provent her husband taking her goods. —His Worship said he was not prepared to hear this case, and would advise-the plaintiff to see a solicitor in the moaintime. Case adjourned fora weak. Wandering Cattle. —P. McTeaguffrvaa fined fis and costs, for allowing some cSws to wander at large. D. Dorge was also fined 5s and costs, for a similar offeride. Larceny. Alexander Finlay was brought up, on remand, charged with stealing a purse belonging to Alfred. Russell containing L6.—Constable Rouse deposed to having arrested the prisoner on the 10th inst. on the charge named. The pocket-book produced is the one that was stolen and found on the prisoner.—Alfred Russell said that he was at the South Rakaia Hotel on the 10th inst,. There was a row there at the time, and missed his pocket-book. The prisoner was there, but he did not know him.— William Lambert, a laborer, living at the Rakaia, was present with the last witness at. .the Rakaia 1 Hotel on 1 January ,10 th. Saw prisoner putting his hand in Bussell’s breast pocket and taking it out again j'put did not see the purse taken out. ~. J>riaoner then went away. The pocket-ppok produced was picked up on the floqtj of the hotel bar by some one Braynell said he saw the prisoner 'and. pho last two witnesses present in the, of the South Rikaia Hotel on Saw.prisoner putting his hands.oVm;osiWß- - shoulder, but did not see. him. juke anything out of Russell’s pocket. 1 . the prisoner drop the pocket -boosj. leave the hotel.—This closed the caaggor the prosecution.—Prisoner, said he not steal the money.—His Worship ,ijeu.tenced the prisoner to one month’s imprisonment with hard labor. Larceny of a Swag.— George Gloeaon was charged with stealing a swag belonging to Edward Tipler.—The prosecutor said he left the swag outside the door of the Ashburton Hotel yesterday afternoon. Saw the prisoner there. When he came out of the hotel again the swag was gone.—John Topping said, he was barman at the Royal Hotel Saw thf accused at the hotel last evening, > Ho brought the swag produced intothehafc,— John Fleming, labourer, said he saw the prisoner at five o’clock yesterday!’ Ho was coming down the South- Rpad/T he had no swag with him then. Irfimwliately afterwards he saw him with a swag. Constable Smart said he arrested ’ Hho prisoner at the Royal He tel. on’a &n|rge of stealing a swag. Prisoner said he ghew nothing about the swag and nqverbfole it —Sentenced to' 2 months’ imprisonment with,'hard labor..' . . ‘ Sheep Stealing.— -John - Micklejohn

was brought up charged with stealing 600, sheep the property of John Cordy o 3 Hetoyata,. ‘.’Mr Parnell, ‘ with Mm Mi Wilding,,appeared for the prisoner.— Robert Holderness raid.he was a Sheep inspector for 1 the district of Canterbury. Knew Mr Cordy, whose tun was in witness’s district. (Witness here produced the Register Brand 'Book.) Mr Cordy’s', .ewes ' : were branded “back ’’ on the' right ear, and the WetM™' op the contrary ear. Have ■ ,',;»biiie' sheep'outside the court, but - hiad' hot exatnined them closely. [Witness then left the Court for the purpose 'of examining the sheep ] The sheep outside the Court have all the earmarks corresponding with Mr Cordy’s registered ear-mark, and three have that of tae.Hori. Sir’ John Hall. —By Mr Purnell : .All shipowners, have hot yet registered . J;he car-marks on their sheep; in addition to thewsOl-brarida, because the old Act, which did not provide for it, has only just expired!"! Ownership of sheep has gene.rally. 'heeh claimed by the ear-marks., ■XpawMs'6. Murdoch, of Rakaia, only, 'personally.' ' He had registered no earImark but. baa registered a brand. —John Crawley said ha knew thd prisoner. .'Sp-tbld witness in August last that he had about' 500 merino ewes on the road for f sjale? Thia,was at one Sunday evening! Witness told prisoner he j.could!find a customer for the sheep. This .customer wasMr Denshire. On Monday following Mr Denshire came to see the vjiheep, which were near Dromore. Did take notice 'of the brands. Mr Den!shire,bought the sheep at 8s 6d each.— fßy Mr Parnell: Knew prisoner, who was v a drover and sheep: dealer, The wool fbcand was, in witness’s opinion, the most CJigportant brand, in recognising sheep. seen -the sheep outside the Court. lHave often seen ear-notches on other aheep-like that produced. Some small tfarmers ear-mark their sheep.—W. B. said be was a farmer residing at hgegfield, and purchased some 500 sheep Qrom-the prisoner on the 4th of September; PaidSa 6d each for them by cheque H[blocfc of cheque produced).—Counsel -here objected to the cheque block being pat in as an exhibits—His Worship said, he would allow theblock of cheque to bo putin fhr the information of the Crown Pro-;

secutor, if required.—-Witness continued : The sheep have been branded and shorn since, purchased from the prisoner. They ['/mete 'branded PR, conjoined when witJiaess ‘ purchased them.—By Mr Purnell: -i The sheep are now in the possession of Vthe.po’ice. They were taken on this day Cfceek. Whilst in witness’s possession this

particular' lot of sheep were not running •-together by them-elves, but with other 'i&eep. Some of the ewes pu> chased prisoner had lambs afterwards, as . well as others with which they were runSergeant Felton, with Mr Cordy '.and his son-in-law, came down to witness’s house. When they arrived the

>:theep were all in one flock. Witness grounded up,the sheep with Lis dogs at the Lrequest of Mr Cordy, who at once said, “I can swear to .those sheep being mine. ”

;c The sheep had been shorn at this time .branded with witness’s brand. Mr .•fJordy’s wool brand Was not on at this ~ time. • v Did not think it possible that any,one coulfi recognise the sheep again, after Being shorn and re-branded, at an inter* of, four months. Witness, with Mr ton-in-Jaw, caught a sheep, and .dthos former said it was his property by the ear-mark. Have seen o.ther sheep else- - -where with-a-similar ear-mark, but it was in conjunction withi other ear-mark*. Sheep in the district hands a great deal. When the sheep were mixed gather witness could not teli the difference between his own andrMickh john>, Sheep most decidedly -regard the woolbrand as the most important, because the ear-mark is generally cons : dered illegal. Cross-examined by the Police : Could not

aay whether aniy 4?f the four sheep caught - by the- police were those 'purchased by I o' wrilness-from Micklejohp, Sergeant-Fell-ten said ho went on. Monday, January 8. ,! -wjth Mr Obrdy arid his son-in-law to the ’Z'farm of the last witness; Mr Oordy Ppicked out four of his sheep from the JClj flooVi' and witness ‘ took possession :of ... them. They consisted of a wether, a - B ewe, a'hoggatt,- and a sheep belonging to " Mr HalL -These sheep were now outside ® i! the- : OoinVt.—John Cordy, sheepfarmer, rating'at the Hororata, said his inn was miles lone arid 3 miles wide, and ex- _ tended from the Hororala to the Bakaia. ~~Bir John Hall’s run was on' one'side of witness’s, and Mr on,the other. His dwn flocks'kre <feparatfed into differfc’eDt‘paddocks, the wethers in one part, and the 'ewes are in the other part :,i r l bf the ran. In November last Witness mustered hisrun, and then missed between 400 and 500 sheep. Did not tfj j inembpr when the sheep were counted be- ' Went to Mr Denshire’a place and recognised some of the sheep as bis own, r »nd took .pos ession of four of them, c Anft was marked wjth Sir John Hall’s ear mark, on. - the left ear. Witness bought 100 eweh ffom* Sir John Hall’s yards, and witness oould-swear to one' ohtheae sheep as being ai pdi'fcion'.'bf the lot. Three h-more of those sheep outside the Court are hi marked the same way.. Have never sold (l- say. 61 these sheep. Witness culled the ii.old every year after the h: lambs - are taken away. Sold the 't'-eolls to Mr Darrach last year.— m Witness sold 300 merino sheep, consisting t,i'*of- ewes and. wethers, last year. Never -’-‘-aold tha sheep outside the Court,, nor .ijL those seen the other day at Mr Denshire’s. were branded A—P. Did not ■ know of-any other person having a simim lar brand. —By Mr Purnell: Witness’s run "'‘-was a stony one, and not hilly. Only vp had’one man to assist at the yards. Em- • -J-ployod .no shepherd. [Witness here ■ recognised the brand in page 20 of the Registry Book as that of his, but which r in point of fact- was only a similar one, and afterwards corrected himself by stating that his ear-mark was used for the different sexes, therefore the' exhibit has not the ear-mark belonging to him.] Sir John Hall's ear-mark was oblong and not i ypund. Witness sold fat sheep every yew. The sheep outside the pojirt were hib, ; »nd he could swear lo «he ear-marks. _J. Fountains said he was manager for —gir John Hall. Mr Cordy purchased 100 Etc Shedp tweyears- ago this month. These . ; sheep )on the ear before they cawe out of witness’s yards. Never. ? wed < i spy' purchaser ' to take sheep J without them being ear marked. the sheep outside the Court the same.sold to Mr Oordy «Nby£W John'Hall.' Have been -■='x years at Hoorrata. Had often seen Mr • T* Gcrtdj'Vklfeep, and believed seven of them ■ in hi* Mr Cordv’s own breeding. Did not on having the I Cordy. The is Mr Cordy’s. :ation band on e want in com- ► Mr Denshica's ep as the proera were three t jnark on as isa corroborated tnessas to' the the.sheep were Mioll : The. ear page 181 is the [iatered . by! Mr i Worship, the. not distinguish eked Hke Mr Book from therdy’s sheep,) as ■J.) L*. Crawley,’ any i:S*b John Hall, tside dfhe l Coiirt YI at ! the Hinds, rried cbunsel ad-

dressed the Bench a*, s >me length —The accused was was then nminitted for trial.