Feilding Police Court.

Feilding Star, Volume XVII, Issue 109, 5 November 1895, Page 2

Feilding Police Court.

Monday, November 4th, 1895. (Before Messrs W. A. Sandilands and H. L. Sherwill, J.P.s.) Wm. McDermott was charged on the information of the police that he did on October 24, steal two sheep (one wether value 8s and one lamb value 4s 6d) the property of E. G. McDermott, of Birmingham ; also with stealing two pelts. Constable Tuohy conducted the case for the prosecution and Mr Fitzherben ap« poared for the accused, who pleaded " not guilty." Edward George McDermott deposed: Was a settler living in the Birmingham block; knew the accused who was a half-brother to witness ; accused resides at Birmingham, about four miles from witness' place ; counted bis flock about a month ago, when he was about 100 short; m consequence of the belief that his flock was disappearing he saw accused about October 28 ; told accused that he (witness) was told he had been taking some of wit* ness' sheep, and accused denied doing so; did not see accused since last Monday (October 28) until yesterday (Sunday) morning ; accused went to witness in Birmingham on Sunday morning and asked witness if they couldn't settle the . matter about the sheep, saying he under* stood he had permission to take them ; Constable Tuohy came on the scene when accused and he (witness) were in conversation ; Constable Tuohy asked witness what he was going to do in the matter and witness replied that he did not know what to do ; believed be answered a question put by Constable Tuohy by saying " I suppose I must say I gave him permission ;" had no recollection of having given accused permission to take hit sheep or lambs ; had a conversation with accused about a month ago when he asked witness when he was going to shear; replied " about 20th of November ;" agreed to sell accused a sheep when be wanted one after they were Bhorn ; this was the only conversation witntsa had with accused about letting him have sheep; on October £4 was working as home ; did not see accused that day ; could not swear the skins produced were. off witness' sheep ; his brand was a4leafed shamrock with a bar over it; could not recognise brand on skins produced; his ear mark was the top off the right ear and slit, and on left ear a fork for ewes, for wethers the mark was vice versa ; the ears produced bore witness' earmark : on Thursday last those ears were handed to witness by W. B. Richardson ; had retained possession of them since up to this morning when he .handed them over to the police. Cross-examined : Mustered for dagging about a month ago, mustered about three or four months before that, when he was something over a hundred short; did not accuse bis brother of stealing that hundred sheep; did not think accused had stolen his sheep, when be (witness) asked accused if he bad taken any ; said in Constable Tuohy's ence yesterday that he had given accused permission to take some sheep ; knew a man named George Halford, but did not know that he went with accused to get the sheep on October 24 ; did not wish to prosecute accused; did not think accused had any right to take tip sheep', but he (accused) might have thought so ; killed a cow on one oocassion, of W. McDermott's and he and bis family ate it ; killed it without accused's permission; have not paid for it; tran* sactions between witness and accused were free and open, their families having lived together for four months up to lately ; told accused about a month ago that he conld have some of the sheep ; accused left witness' place about a month ago and has been out of work ; accused served witness with a summons a few days ago, claiming £68, did owe him something although not the amount claimed; the prosecution came about through conversations with others and was sorry it came about ; it was a police prosecution. Re-examined: The cow referred to was running on witness' place from a heifer ; >it was bought by witness and sold to accused, but never taken off witness* place ; considered he bad a right to deal with this cow ; witness' intention was, when he told accused he could have some sheep, that he was to pay for them ; did not intend that the sheep were to be taken without witness* knowledge ; had he known it would not have permitted accused to have taken the sheep from time to time without an explanation. To the Bench: Accused hid never given witness a return of the sheep he had taken off witness' place at any tune ; accused had not told witness until Sun* day that he had taken any sheep off witness' place. ' . George Halford deposed : Witness, W. B. Richardson %6& accused lived in a house together ; remembered October 24th, when accused set witness to work in Mr R. Mcßeth's cow yard ; accused went away saying be was going for meat ; next saw accused that day while he and Richardson were at dinner ; accused brought borne the carcase of a sheep in a bag ; accused asked witness to go down after dinner and help him to carry up a sheep ; accused said he was getting it from McDermott's ; went with accused who went into McDermott's paddock and returned with a live lambi which he gave to witness and told him to take it home and kill it, which he did ; Richardson was there ; when accused returned he had two pelts with him, one being fresh and the other stale; the head of the lamb was given to the dogs and the ears cut off and hidden under a root ; the ears remained under the root for some days when he gave them to Richardson, at the latter's request. Cross-examined : Did not know where accused was going to get the mutton, beyond that he was going down the river ; when accused was leaving his house after dinner, he told witness there was a lamb in the paddock with its leg broken and it was a pity to leave it there ; did not think accused was sheep stealing as it was done openly in broad daylight, and accused saw a mob of .McDermott's sheep on the road which he drove back on to McDermott's property ; the skins, when broughfg home, were spread out where anybody could see them ; accused pat the ears under a root in witness' presence ; during the time witness was with accused (since October 11th) two sheep and two lambs were brought there. W. B. Richardson deposed : Knew accused ; remembered October 24th, when he was at the cottage occupied by accused ; accused brought the carcase of a sheep home at about dinner time ; accused and Halford went away after dinner and the latter came home with %- lamb; on Sunday following the 24th October was given a pair of lambs ears by Halford, who found them ; gave these ears to E. G. McDermott on the, Thursday following ; the ears produced were similar to those he gave E. McDermott; two lambs were brought to the cottage, but conld not say on what day it came ; this lamb was taken away, he thought, on the 25th, but at any rate on the Saturday. Cross-examined : Both accused and Halford were present when the lamb was brought home ; accused made no secret ef bringing it home ; did not know how many pelts were brought to the cottage ; did not think anything extraordinary was done in accused bringing the sheep there. ■ _ "■' : About four sheep nod two lambs were taken to the place while witness was there;' thought it rather queer that' the ears should be stowed away so be took possession, of . them. " . To the Bench : Asked accused where,

he got the lambs and he replied that Jack (B. G. McDermott'sson)gave them to him. «r Constable F. J. Healey deposed : Went to accused's cottage on Sunday on account of information he had received, and found four pelts; while they (Constable Tuohy, Halford, and witness) were looking at the skins accused came oat of the cottage and acknowledged taking the sheep from his brothers place, bnt said his brother gave him permission to take the sheep ; took possession of the skins. Constable J. J. Tuohy deposed to investigating a reported case of sheep stealing, and arresting accused; saw accused and E. G. McDarmott in Birmingham on Sunday morning, and asked the latter if he had given accused permission to take the sheep, when E.G. McDermott replied, after a pause, " I suppose 1 must say I did." Cross-examined : Refused to state who gave him the first information. Mr Fitzherbert addressed the Bench ! at length, contending that he had no j case to answer, and submitted the accused ought to be acquitted. The Bench retired »nd after eighteen minutes' deliberation returned, stating they considered a prima facie case had been made out, whereupon Mr Fitzherbert said he would go into the defence, and accused was remanded until 2 p.m. on Friday next. Accused was admitted to bail, himself in iIOO, Mr E. G. McDermott being accepted by the police. The Court adjourned at 12.20 this morning. _____