SUPREME COURT.

Press, Volume L, Issue 14978, 21 May 1914, Page 10

SUPREME COURT.

THE SHEEP-STEALIXG CASE.

CRAYTHORNE FINED £50

In the Supreme Court yesterday, C. R. Craythorne appeared for sentence on the charge of the theft of slieep from David Boyce, of which he had been found guilty last week.

Mr S. G. Raymond, K.C. counsellor prisoner," sin tod thai Craythorno had started lift as an agricultural labourer at thirteen years of age. For seven years he continued thus iv various employments, and was for a short time In the North Jsiand. After'that ho rented farms, and had one for seven years from Mr lid ward Prebble. at Prebbleton, and one from Mr Haiimo!, at Irwell, for livo years. IJe theu bought a farm at Irwell from Mr McMillan, and held it for three years. He sold it and purchased another farm from Mr Amos »t Invtfli, and occupied it for a. furthei three year?. After this ho went to Motonau, in North Canterbury, where he stayed for throe months before taking ih» farm at Amberley, a.bout which evidence had been given.

1J» st«rwl lite, said counsel, with no means whatever, but had made a &mall competence almost entirely by hard i\ork, and to a Jinall extent by-profit out ''if tho farms ho had sold. Until nis ia&t venture he had been engaged .n agricultural farming. Ho had been happily married for the past eleven years, and had thiee children. "And from every enquiry 1 «::m make," added Mr Raymond, "'he has borne a most ex emplary character for sobriety, hard work, and thrift." Mr Raymond suggested that his Honour,would agree that the jnry' found prisoner guilty in regard to only two sheep.

His Honour: I cannot see that. Tho jury had no option but to convict. The jury disagreed, and therefore it must bo ;is£un:ed that, at least, some of them were not satisfied on the truth of your contention.

Mr Raymond: I was referring to yes* terday's case.

His Honour: That was a mucc weaker one than tho one before. I can quite understand tho jury finding accused "Not guilty" on tho last charge but I cannot look upon the acquittal as any ground that accused's story is true. It is a-matter for my considera tion.

Mr Raymond added that for tho last six months prisoner had been in a state of mental agony, and he therefore suggested that "the ends of .'justice would fairly bp met by sentencing him to some form of punishment which tlid uofc 'involve imprisonment.

Mr P. S. K. Macassey, for the Crown, said that'nothing .was knowji about accused before, but he was bound to point out. according to his instructions, that both Parnbam and Boyoe had each lost two hundred sheep. -Inquiries had also been mado in the Motonau district, and showed ' that while prisoner was there sheep farming, sheep were reported to have been mi"?sfd'. but that when he left the district no more sheen were missed. As his i.ionour 'knew ir> cases of sheep stealing, it was very difficult. , to detect the crime, and still more difficult to prove to the jury. •His Honour: I must look upon it as an individual case' Every sheep farmer, of co'irse. wants an example made of a sheep thief. I car not altogether sympathise with the view that I am tn'deal.with .this man except" as an individual case. If he had been found "guilty" {m the two charges, I should havo sentenced him to a very severe term of imprisonment.

His Honour further remarked that he would like the opinions of the other Judges. Hβ did not like to keep the man in suspense, but the circumstances of the case were very peculiar. Mr Raymond said that he had not heard the suggestion about the four hundred sheep urtil a few minutes before. Prisoner had had the form for only seventeen months, and had given '"tails of his sheep transactions. At the police inquiry he furnished them with the information which he had produced in Court, and asked them to verify it. • ■Mr Macassey: In answer to that I would liko to say that there are a large number of skins of which it \is impossible to trace any record of the "ales. Eighty skins were sold, but the dealers have no records. Mr-Raymond: It woiild be impossible ":o suggest that that number of sheep crcro stolen and killed for tho sake of the skins. ■ His Honour: Tho difficulty I have is that here is a man, well off, who deliberately appropriates another mans property. , » • j 1. Mr Raymond admitted this, and submitted that prisoner had sold 223 ehefep which could be traced and 80 skins. Mr Macassey: "Wo cannot check too S His Honour: Do you suggest that ho stolo 400 sheep? Mr Macassey: I can only say that the farmers whose paddocks adjoined those of accused have missed two hundred sheep each during the time prisoner was" their neighbour. His Honour: I do not think I can punish, this man without stronger proof than that. ; His Honour finally said:—"l have given a great deal of thought and consideration to this case. Ido not think I can assume that this man stole other sheep. There may be doubt, but I am not prepared to say that the mere fact that the other men lost sheep will justify mo in punishing this man, either directly or indirectly, for an offence of which he has not been convicted. He has stood his trial upon two charges, and in one .the jury disagreed, and in the other, acquitted him. I cannot deal with the man upon ■an offer.ee other than the taking of the two sheep. That offence was committed by a man under no temptation of poverty or want of any kii.d. in order to make himself even for the Joss of two sheep claimed by himself. Ho made no admission of the offence .until the secret was disccvered. This is a serious act. But looking at it by itself, I think I am . bound to make the assumption that he stole only those two sheep. '•I come back." said his Honour, "to the general principle that our modern idea is to make allowance for a first offender, and to make allowance for character. This man has apparently borne a good character, and 1 bavo always held that in these cases character should carry weight atid that a man should get tbo benefit of a respectable life up to the deed. I do not think tho country suffers by that. I have also to remember the circumstances of tho prosecution. This man has been in. extreme mer.tal anxiety, and that it? itself must have been a severe punishment, ■ "'On the whole.'' summed up his Honour, ' ; I think I would prefer not to send this man to gaol. I am not goiutr to sacrifice this man merely to satisfy the natural feehng that somebody "should be punished, and that if a pan has been convicted of sheep-steal-ing, he should be made an example of for the sake of others. In any" case, where a man is convicted of th'e theft of sheep as a business, I should auree. I shall, however, inflict a substantial pecuniary penalty. Prisoner will be