RESIDENT MAGISTRATE’S COURT, CLYDE.

Dunstan Times, Issue 807, 5 October 1877, Page 3

RESIDENT MAGISTRATE’S COURT, CLYDE.

October, 4, 1877. (Before W. L. Simpson, Esq., R.M.), C. Niaper v. J. Webb.—Summons not returned, adjourned for proof of service. C. T. Marie v. W. Eames.—Claim, L 4 10s, for coal Supplied in 1874. Mr Wilson, who appeared for plaintiff, pleaded not indebted. The plaintiff deposed to the delivery of the coal, and that the first two tons were weighed. As to the third he could not say it was weight, as it was lying on the landing stage some days before delivery. Cross-examined by Mr Wilson—When I brought an action for ttiose same coals in February, 1875, when I said t could not swear to weighing the coals 1 could hot have understood the question put to me. I do not weigh every ton of -coals I take from my pit, but I weigh a bag occasionally to see that they are the average weight. I did not bring this action thinking it Would bo undefended. Before Mr Eames loft Clyde I asked him repeatedly for a settlement.

Mr Wilson— How is it you cau remember rtow, after a lapse of two year* and a half since you brought the first action, when you could not lemeinW it then. flaintiff—l could not then have understood the question. J remember distinctly weighing the coals supplied to Mr Eames. Mr Wilson said he was taken aback at the positive evidence of plaintiff, and would ask for an adjournment to produce a witness who remembered the'evidence in the first action. Ido hot think plaintiff had scales to weigh his coals at the time ho delivered these coals. Plaintiff—l had steelyards, not platform scales, The case wds set further down the list. Wm. Howjohns, charged with allowing three goats to wander in the streets, fined 4s, and costs. Same, for having unregistered goats in his possession. Fined 10s and costs. Gilbert Fowler, charged with allowing two goats to wander about the streets. Fined 4s and costs. Mr Fowler said he had only lately become possessed of them, and that immediately be knew they were annoying people he had destroyed them. Police v. C. Nieper.—Charge of larceny of three sheep skins. Inspector Moore conducted the prosecution. Mr F. J. Wilson appeared for the accused. Inspector Moore, on oath, said.—l visited the premises of the accused at Butcher’s Gully on the 2Sth ultimo, and told accused that Mr FraSer, of Earnsoleugh Station suspected that he had lost some sheep, therefore I wished to inspect all Sheep skins accused had on his premises. The accused at once showed me the skins he had, and took three from a rail'on'Which were others ; he said he had taken them froit off three dead sheep found On Strode and Fraser’s run, the skins were branded S. The accused said that was all he had'of that brand, and that he had not disposed of any for a longtime, and that he had not bought any sheep from Strode and Fraser for the past two years. Mr Chdrles Shtiw, Manager for Messrs Strode and Fraser, who was with me, then identified the brands on the skins ns that of his employers. I then took possession of the skins, and now produce them. Charles Shaw 'gave corroborative evidence. fn cross-examinatidfc this witness "aid that the accused shewed no unwillingness to render assistance. Hugh M ‘Kenzie, head shepherd for Messrs Strode and Fraser deposed that he knew the accused. On or about the 12th of July last, hearing that a sheep had been worried by a dog on the run, and whilst looking for it 1 met the accused. We had a conversation about dogs worrying the sheep. He said he had not seen any strange dogs about, and remarked that he was going to take that one {pointing to a dead sheep) homo for his pigs. It was then I saw it for the first time. We then went to where the sheep was lying. I said, what about the skin? Accused said it was of no use. 1 then said, though it might not be of great value yet, if found on his premises it might lead him into trouble. He remarked that he did not | think about that, and would not mix it with his skins for LSO I then said if he put it on one side I would call for it. On the 31st of August I called for the skin, when accused said it was all right, but he would not give it to me. He replied, do you think I am going to skin a sheep for you for nothing ? The skin was branded S on the rump. The three skins produced are all branded with Messrs Strode and Fraser’s brand, some with S, others with S 4. I should think they have five or six months Wool on. lam not aware of any small mobs of sheep having been sold off the station for butchering for the past two years. All the sheep sold for the past two years have been in large mobs, and to people at a distance. From my position ns head shepherd 1 should know of : al! sales of sheep made off the station. Two ot the skins produced 1 am inclined to the opinion were taken from sheep killed in the ordinary way for butchering, but not well bled, I mean that they lould not have been lotig dead before they were skinned, because the skin dees not look as if the carcase was inflamed before being skinned. The third, from its appearance, looks as if it had been dead some time before it wss skinned, because it is all red with blood. I have never been instructed to skin the sheep I find dead on the run, but I make a practice of doing so when the sheep is not long dead, or if it is not far from home. Shepherds are not required to do it. No person is authorised to remove sheep off the run either dead or alive, other than those connected with the station. Cross-examined by counsel. 1 never know accused to take dead sheep off the run before the 12th of July last, the sheep he thou took was torn about the legs and its eyes were out. Accused on the 12th of July did not say anything to mo about skinning the sheep. 1 saw accused several times between the the 12th of July and the 31st of August, the day I'did ask him for the skin, but never spoke about it. I have never had a row with accused. On the 30kh of August I had some talk with him about ploughing and fencing in some land that Mr Fraser said accused was not to have. 1 ant certain that neither of the skins produced is the one taken by accused on the 12th of duly, because it was a maiden ewe and branded in red, whereas the skins produced are old ewes and branded in black. The Court here adjourned for lunch. On resuming, his worship gave judgment in the case Mario v. Eames ns follows ; According to the evidence I can only give judgment for the coals positively sworn to as being weighed before delivery. Under the Weights and Measures Act no judgment can bo given for goods sold and delivered without first being weighed Judgment will he for 30s, the price of a ton of coals, and 22s costs. Police v. Nieper- Mr Inspector Moore at this stage of the proceedings now afkcd for

an adjournment, to allow of the attendance of Mr Wm. Fraser, whoso evidence was material, and who was engaged in Dunedin at the present time on a Royal Commission. Police v. Neiper—This was a second change of stealing thfOo other sheep Shifts. Mr Inspector Moore, sworn, said : On the 88th of September, in company with Mr 0. Shaw, Manager of Eamscleugh Station, I visited Mr Williams felhnongery, near Alexandra. When there Mr Williams handed me three sheep skins, two of them branded S, the other S4. Mr Williams said he had purchased them from accused. I then called Mr Shaw to examine them, he identified the brands on them as being Messrs Strode and Fraser’s brand. I took possession of them and now produce them. Mr Moore now recapitulated the evidence givon in the former case about accused saying he had never sold any skins. Charles Shaw being sworn, gave similar OvidetfcC to the above Witness. Hugh M T KenjSo Was sworn, and after identifying the brands as being those of Messrs Strode and Fraser, gave similar evidence as in the proviofis case. Frederick Williams, fellmonger, and woolsorter, residing near Alexandra, deposed—On Friday last, the 28th September, Mr Inspector MoOre called on me. The skins now produced are the same I then gave to him. Two are branded S, the other S4. 1 recognise them by a distinguishing mark I then put on them. I purchased them in the ordinary course of business from accused on the 7th of September. When I took delivery of the skins, and when loading them on the waggon I observed the three skins produced. Mr Parsons, the groom, threw them up to me as I loaded them. Accused was away at this time feeding the horses. I made no remark at the time about the skins, because there were strangers about. Accused drove the waggon with the skins to my place, I riding on before. Whilst accused was unloading the skins I picked up one of the skins produced, and asked if he (accused) knew whose brand was on it ? He said he did not know. I said, is it not Fraser’s ? He said yes, but that it did not come from his place. I told him it did, as I noticed it when it was put on the waggon. 1 afterwards picked up another, and drew his attention to it, bdt he made no further remark. On this occasion I bought from accused 47 skins, and paid him 2s 9d each for them. The three skins produced were included in the cheque for the 47. By the Bench.—The skins by their general appearance were removed from the sheep three to five days after death, and 1 would say-they were lying in a damp place ; I would say they were bogged and died. Cross-examined by Mr Wilson,—On that day I’hmi 135 skins on the waggon, including 47 I purchased from the accused and others, I had purchased from Mr Kemp, Mr White, and Mr Orßssan. It is not a general custom with me to examine the skins for brands, but in making an examination of the skins I am bound to notice the brand. My partner particularly told me to examine the skins I purchased from the accused. Ido not remember ever before purchasing skins with the S brand. Mr Stronach’s brand is S, but it is >. different character of latter. This is our second season’s wool-scouring in the District. I paid for the skins by cheque immediately they were on the waggon, together (with £1 for cartage. This case, for similar reasons as in the previous case stated, was remanded for 7 days, the accused being admitted to bail, himself in LSO, and two sureties of L 25 each.