SHEEP STEALING.

Ashburton Guardian, Volume IV, Issue 847, 20 January 1883, Page 2

SHEEP STEALING.

We take the following particulars of tho trial of Meiklejohn from this morning’s Press John Meiklejohn was charged with stealing and driving away, on the Ist December, 1882, 398 sheep and 145 ewes, the property of Sir John Hall. There was a second indictment for stealing and driving away, on the 13th August, 1882, 400 ewes and 17 sheep, the property of

John Cordy. The prisoner, who pleaded “ Not Guilty,” was defended by Mr Wilding.—Mr Duncan appeared for the Crown, and called the following evidence : —John Edwin Fountain deposed—He was manager for Sir John Hall at his sheep station at Hororata. He remembered Tuesdaj, the 12th December last. In consequence of a telegram he counted the sheep, and missed nearly 400 wether*. Afterwards found there were also about

200 ewes short. At the hearing of this case before the Magistrate at Ashburton he examined six ewes and six wethers in a dray by themselves outside the Court, He identified them as belonging to Sir John Hall. The wethers had a tip off the right ear, and an oblong punch hole in the left, and the ewes had another punch hole in the right ear. It was the practice of Sir John Hall to put a special ear-mark on all sheep sold. There was no such mark on the sheep. They were all branded with Sir John Hall’s registered brand —a key brand. On the 13th December he examined a mob of about 500 sheep in a paddock at Ashburton in the presence of Sergeant Felton. All the sheep except one had Sir John Hall’s brand. They were ewes, wethers, and ewe hoggets. The one that did not belong to Sir John Hall had no wool on, and bore a different ear-mark. The two skins produced had Sir John Hall’s earmarks and brands, as previously described. They did not have the selling

mark. Did not know the prisoner before; he never dealt with Sir John Hall.— Cross-examined : I have been manager for Sir John Hall for about twelve years. The extent of his run is about 32,000 acres. 31 is fenced, and the River Rakaia is the south boundary. The river is deep. It faces on the run for nine or ten miles. The town of Rakaia is from ten to twelve miles from the most eastern boundary of the station. The sheep were counted on the 13th October. Missed none until the 13th December. On the 13th October turned out about 8,000 sheep. That was within about 400 of the actual number.— William McLaren, shepherd, in the employ of Mr Bealey, at Rakaia, deposed he remembered Friday, November Ist. He was in charge of a flock of sheep that morning. Notice ! that the sheep had been disturbed, as the lambs were searching for their mothers in the direction of the Rakaia bridge. Noticed tracks of sheep, and traced them over the bridge going south. The bridge was ten or twelve miles further down the river than Sir John Hall’s run. Dromore was south of Rakaia. Returned to the sea side of the railway line, and noticed a maji on horseback, who appeared to be driving sheep. This was about ten miles from the place where the flock were disturbed. That man was the prisoner. Asked him what sheep he had got. He said “ Peter Grant’s,” and that he had been wailing for two days to give delivery of them to Sandy Grant. Asked him which road he had come, and he said from south. Witness said, “ Come over till wo have a look at them.” He said,

“ No ; you had better keep off them, aa I don’t want them disturbed.” Witness replied, “ I am going to have a look at them,” and rode over towards the sheep and had a look at the ear marks. Did not particularly notice the number of sheep ; there were probably about 300. Noticed that some of the sheep had a punch-hole in the ear, and that the ’ears were tipped. They were merino sheep, and appeared to be mixed—ewes and wethers. Rode back to the prisoner and said, (t You have got one of Westenra’s there,” alluding to the proprietor of a s‘ation in the neighborhood. Prisoner said, f ‘ There might be one broke in.” Witness said, “I believe you have got one of Mr Bealey s there too, and I would like to have a look at it. ” He said there was no necessity, aa ucitness could get the sheep when the mob was going through Bealey’s station. Witness insisted upon examining the sheep, and got off his horse and walked towards them. Prisoner walked after him and told him he had better keep off the sheep or ha would drive them through the fence. Witness caught two of the sheep and examined the ear-marks. They had punch-holes, but the tips were not cut. The sheep about him had tips off the ears, besides the punchholes. (Witness loft the Court to examine some of the sheep, and on returning his examination was continued.) Saw amongst the sheep ha had just seen one like a sheep the prisoner caught for him to examine when they were together. It had the s one ear-marks and the same brand. The sheep prisoner was driving had the same wool brand aa those witness had just exa-

mined. Before examining the sheep thought they were Mr Westenra’s.—Crossexamined : Had been a shepherd for three or four years. Had followed many other occupations, including engine-driving. Had been in the Rakaia didric: since September, 1882. Of ms own knowledge did not know much of the people around or of the brands they used, except that his manager had given him particulars of the brands on paper. Was first under the impression that some of Mr Bea'ey’s sheep had been taken away. The sheep witness saw in the possession of the prisoner were ordinary merino sheep. Mr Westenra also used a punch hole as an ear-mark.—John Edward Fountain recalled, said he had examine 1 the sheep in the vestibule of the Court with the last witness. It was a wether, and bore Sir John Hall’s ear-marks and brand. It did not have the mark used for sheep that were sold. Witness identified six other sheep, which he had examined outside the Court, and which had not the selling mark.—Cross-examined : Did not know Mr Maiden’s brand of Wakanui.— Sergeant Felton, of Ashburton, deposed that ho arrested the prisoner at the Ashburton Hotel on the 9th December.

Charged him with sheep stealing. Prisoner denied all knowledge of the sheep, and said, “ I don’t know what you are talking about. You had better mind what you are about. If you never made a mistake before you have made one now in arresting me.” Witness said, “ I’ll take the consequences. I charge you with stealing those 500 and odd sheep you had at Davis’s.”—Cross-examined ; The prisoner has been for about three er four years in the district. When arrested the prisoner said the sheep had been found in the river bed. Prisoner said ha knew nothing about those sheep. The prisoner was first charged in the Magistrate’s Court with stealing sheep from Westenra Bros. Mr Westenra said he did not own the sheep, and witness telegraphed to Sir John Hall's manager, who claimed them. —John Harris, shepherd to Sjr John Hall, identified the sheep.— Cross-ex-amined : Sir John Hall might sell 2,000 or 3,000 sheep every season.— James Davis, farmer and miller, residing at Waterton, deposed that the prisoner came to his place on the evening of Saturday, the 2nd December, and said he had got some sheep in the river bed, and wanted to get some paddocks in order to shear them. Witness told him he had not a paddock available, and he asked for a small paddock for a few days, until ho could get the sheep removed. Witness consented, and prisoner brought the sheep next morning. He said he got them from Drummond, at the Rakaia. He pointed to one sheep without any wool on, and witness said it would be all right, as the sheep had a kind of fever, and the wool would

grow again. Prisoner stayed until Thursday, and then left with the sheep, saying he was going to take them to Tinwald. Prisoner said there Tyere §l7 sheep.— Cross-examined : Prisoner hji a sheepdealer and driver, and I have sometimes done business with him.--John Ashton, farmer, at Ashburton, deposed that on Sunday, the 3rd December, he saw the prisoner driving a mob of about 400 sheep towards Davis’s place. The road he took was not the usual one, and was abomt

mile and a half further than by the i ordinary road.—Joseph Foster said he saw i the prisoner on Saturday, the 2nd Decern- ' ber, endeavoring to cross the Ashburton river with a mob of sheep.—William Metcalf, night porter at Quill’s hotel, Ashburton, deposed that he reme.nbered the prisoner being at the hotel on a Friday night in December, two or three days before he was arrested. He told witness he wanted to be called at three o’clock in the morning. Witness called him, and he went away. —Cross-examined : Prisoner often stayed at Quill’s hotel. It was no unusual thing to call him early in the morning. Quill’s was a large hotel, often frequented by farmers, and Meiklejohn was well known there, and bore a good character. —Alexander Grant, cattledealer, living in Christchurch : Did not know the prisoner personally, and had never had dealings with him. Did not arrange to receive any sheep from him in December last.—Peter Grant gave similar ■ evidence. —Constable Robert Neil, stationed at Ashburton, deposed to having tracked a mob of sheep from Davis’s to an island in the river-bed, about a.mile above the lower ford. He had them driven to Ashburton. The six sheep outside the Court were amongst the mob.—This concluded the case for the Grown, and Mr Wilding having addressed the jury on behalf of the defendant, His Honor summed up. The jury, after an absence of five minutes, returned a verdict of guilty. The prisonor was then charged under another indictment with stealing and driving away on the 13th August, 1882, 400 ewes and seventeen sheep, the property of John Oordy. He pleaded “ Not Guilty,” and was defended by Mr Wilding.— Mr Duncan, with Mr Button, conducted the prosecution.—Robert Fitzroy Holderness, Inspector of Sheep, gave evidence concerning the marks on the sheep outside the Court. He identified them as the registered mark of Mr Cordy. Three of the sheep had other ear-marks as well —a long punch hole corresponding with Sir John Hall’s mark.—Cross-examined : My district extends from Waimakariri to the Rangitata. It is called the Christchurch subdivision of the Canterbury sheep district. There was a brand registered for Messrs W. A. and H. Chesnell, and also two ear-marks. The earmark was a back quarter out of the right ear, similar to that of Mr Cordy, and an oval punch hole. Sir John Hall’s earmark was elongated punch hole. Mr Richard Blake’s registered ear-mark for ewes and wethers was also a back quarter out of the right ear. Similar earmarks had been registered for different owners, but they were only portions of the brands on a sheep. Mr Madden’s ear-mark was an oval punch hole in the right ear. It did not quite correspond with Sir John Hall’s ear-mark. Altogether there were about 700 brands registered in the district. It was a question whether farmers were compelled to register and some did not. —John Lloyd Crawley, commission agent, residing at Ashburton, deposed : Saw the prisoner in September last. He said he had about 500 merino ewes on the road, and wanted 10s for them. They were purchased by Mr Denshire for 8s 6d, through witness’ agency, the prisoner being present at the sale. —Cross-examined : The sheep did not seem to have been over-driven, but were in fair condition. When I saw the sheep at the Ashburton Police Office I thought three of them belonged to Mr Chesnell, as they had an ear - mark similar to his, William Banks Denshire, farmer, gave evidence of the purchase from the prisoner of 504 ewe's. Prisoner said the wool brand was P.R. Did not notice the ear-marks. After shearing the sheep branded them with his own brand. The sheep were subsequently taken possession of by the police.—Cross-examined : Some of the ewes lambed when I had them. The lambs were healthy.—Sergeant Felton deposed that he accompanied Mr Cordy to the farm of the last witness, who mustered his sheep, and Mr Cordy picked out four, of which witness took possession. One also had Sir John Hall’s ear-mark on. The sheep were those now outside the Court.—John Edwin Fountain, manager for Sir John Hall, and John Morgan, shepherd to the prosecutor, gave evidence as to the identity of the sheep.—John Cordy, sheep farmer at Hororata, deposed that his run was situated between Sir John Hall’s and Mr Bealey’s. In November missed about 400 merino ewes. His run was fenced and sub-divided. Identified his missing sheep at Mr Denshire’s. The witness ga've evidence corroborative of previous testi-mony.—Cros-examined : The rams were placed with the ewes on the 26fch April. The period of gestation was seven weeks, some of his ewes were lambing early in October.—This concluded the case for the prosecution. —Mr Wilding having addressed the jury, his Honor summed up the evidence. —The jury retired, and after an absence of five minutes returned into Court with a verdict of “ Guilty.”—lnspector Pender, in reply to the Court, said there were no previous convictions against the prisoner, but he had been under police surveillance for some time, on account of the crime of sheep stealing having been very rife in the district.— His Honor, after remarking on the seriousness of the offences of which the prisoner had been convicted, sentenced him to penal servitude for four years on each of the two indictments, making together eight years.