ALLEGED SHEEPSTEALING.

Dominion, Volume 2, Issue 428, 10 February 1909, Page 10

ALLEGED SHEEPSTEALING.

THE BALFOUR ESTATE CASE,

ACCUSED COMMITTED FOR TRIAL. (HT TELEGKArH—SPECIAL'CORRESPONDENT.) : • Palitierstbn North, February !), A case of interest to farmers and stock companies was heard to-day in the Magistrate's Court, when Herbert Bergstrom, a married man, was charged v.ith the theft at Pahiatua,: in or about September, 1908, of 120 sheep, the property of the Right Hon. Arthur James Balfour,: the well-known British statesman and present leader of the "British Conservative Opposition party. SubInspector O'Donovon prosecuted, and the accused was defended by Mr. Cooper. • Evidence was given by Annesley Loftus Dβ Renzi Shekleton, manager of Balfour Estate, to the effect that in October last he had missed 120 four-tooth Romney-Lincoln cross wethers from a mob of 600 on the estate. Witness went with Detective Quirke to'the Wybourne Estate, at Waverley, and identified 20 or 30 of a mob of sheep as Balfour Estate sheep. The accused had worked on the estate some two year's ago' for twelve months, and knew the place well. , . : Spencer Rodney, manager of the Balfour Estate during the absence of, Mr. Shekleton' m Australia, from the beginning of Septem-; ber to November, said he know the Balfour Estate-sheep weLl, as : he had worked there for twenty years. .About the middle of October he mustered 1 the four-tooth wethers and found there were only 379 instead of 600. Witness accompanied Mr. Shekleton and Detective Quirke to Waverley on February 5, to the Wybourne Estate, and there drafted put 20; four-tooth Romney-Lincoln 'cross wethers from a mob of about 300 sheep. On ■those 20 wethers he found >the Balfour earmark unaltered, and reco£nised them through their, earmarks and their quality as Balfour Estate, sheep. : Witness-recognised the sheep in the police yard yesterday as a four-tooth wether having the Balfour sheep "mark} two notches in one ear and tip off the other." It ■was of the same class as tho wethers found at. Wybourne. Witness knew/■ Bergstrom ■ when he was workins for the-Balfour Estate - He had never sold to accused nor. authorised him to-takeaway any sheep from the estate, ■ nO -j jv ■* n sell ; ' any - "■ t{) " anyone from,.the middle.of September to October 5.' ' •."■"■■" : ■■•■■ + , John residing: at the ioot of the Tararua Ranges,'.about;.half-way between' lahiatua and Salmerston, said at was about' twenty months; ago ;when he 'first saw ac?"l e d W■ ;:Baw Mous ed about:' September last. The accused- , came and. wanted' to buy a dog from .witness,, as he was going, to' I ahiatua: to meet some sheep. A few days after he returned .with/.a-imbb of sheep, and put. thenv.in' witness's ;yard.' for about, tw , hours.- There'TOre',betweenM3o.'and ISO, and -.they were,four-tooth -wethers: , ' Accused said the sheep .were.very, tired, and as he had no .-.■ leading dog , 'he. ; didn't' know'-'how /v£7 as &? m S;}? Set , to;:the:.top-.of the hill.' him , a ;leading;■dog.'and they started up,-the hill.. -One, , wether refused ,; to accused "left.. it--in.witness's-pad-aoclt,;, accused , : saying, .witness; \ could'' make mutton. .of -it.-:-.-About:.half a i mile further pn.another. wether -knocked up,- -and' accused' put it into, witness's paddock.: ,On the way' up ..witness: remarked onthe good ; quality, of ■the wethers,- , arid accused'said ho hadbou"ht : them;for, 135.;3d.--from-some-set'tler.:on the otber side of ■'.Pahiatua. - Accused .did ', not raerition;..the: settler'svname. , ; At Jshearing time killed-.'one of-the wethers that was left behind,-for muttdri; "The- other 'was handed over.to 'Defective Quirke. The earmark,on- it was , . a.:;- ; tip of the left ear arid two notches on'ithe right. ■■■'- ■:; • ; -.-■■•■ -.. ' .■•-. Edward'RaynevJaoksonV'auctioneer, v"Warigariui, sttid , on September 30th he'g'ot a tele-.gram-from Palmerston, -signed C; Johnson,--which said, "Sending sheep by train. -Please take off trucks at Wanganui and sell them. Missed-train, myself.' . That -was the first communication about the sheep. - There were 116, four-tooth wethers, in good condition iand :they ;were sold that day to* Mr. Wybourne,, of "Waverley, for U. ■ Si. ...Witness knew nothing about "C. Johnson," ' and had .never;'. seen: him .before..'- As: far -as' witness ■ knew I Johnson was. ; not -present at : the sale, L ,but-. : . inan , 'purporting.' to' be Johnson' came, to the saleyards at about 3:30' that •■ day,, and asked -if thevsheep r were '.sold.v-Accueed: was the man who gay'o- his name as Johnson. Neiit: morning'he'called at :tha ; office, arid, being 'suspicious,, witness took. accused ■ into the room; and asked.; him .where he-got the ;sheep.7 Accused replied that he!bought them' , from a man named C' , Loburn, near the. Fitzherbert- Bridgo, -Palmerston' North.. ,'Loburn. was I bringing: them to.the Palmerston sale, and ;he gave him £76 for them. ■ The; money. was paid at tlie Com-' inercial Hotel, and accused said he, had left the : receipt, at home. He,also said that hodid notv know Loburn,, but thought that lie was a'farmer living at Fitzhorbert. -Witness refused,to pay the cheque,-as he did riot know him, and 'advised* him to go back to Palmerand , inquire from Messrs. Abraham and Williams who 1 Loburn was. Witness said he would write to, Messrs. Abraham and Williams explaining the matter, and if they were satisfied witness would pay the cheque. . Ac-cused-could not give 'any'■per-' son from .whoiri witness, could get a reference.,. On October 5 a telephone message was" received from Messrs. Bell, Gully,: and Cooper stating that Johnson was , at their demanding the cheque. - The message, stated that, Johnson had- a receipt with him , from Loburm Witness replied'that he did' not; know, who .Loburn - was, and that ■Johnson might have written the receipt.. Witness was .still suspicious of the caee, andwould: not, pay out.;. On October 9 a letter was. received from Johnson demanding the nj,oriey. Witness, replied-that he was-try-ing to find out the earmarks were. On October 12 lie got a letter from the lawyers threatening legal proceedings if the cheque were riot sent immediately, and the'cheque, was. sent. . : - "-"■', . : .. : ■-. ->. ' :

.'■; ; Further evidence was given by Mariley "Wybourne, sheepfanner, who bought a line" of four-tooth wethers at Jackson's sale afterwards identified as Balfour sheep, Detective Quirke, and' Constable Tanner. ..-., .; ■:'•■■:■■

Accused, who pleaded not guilty, was committed for .trial to .th'e ■ Supreme Court..-