Feilding Police Court.

Feilding Star, Volume XVII, Issue 113, 9 November 1895, Page 2

Feilding Police Court.

♦ Friday, November Bth, 1895. (Before Messrs W. A. Sandilands and H. L. Sherwill, J's.P. The case against Wm. McDermott, a charge on Police information for stealings sheep and lamb, the property of E.G. McDermott, on October 24th was continued, having been adjourned from Monday last, the 4th instant. Constable Tuoby conducted the case for the prosecution which closed at the first day's sitting, and Mr Fitzherbert appeared for defendant, who was examined at length. In opening the case for the defence, Mr Fitzherbert contended that accused should be acquitted. He quoted authorities in support of his contention that if a man thinks he has a right to take things, whether that opinion may be right or not, then larceny is not commi tted . The facts prod uced in evidence, he submitted, did not disclose larceny. Wm. McDermott deposed: Was a laborer residing at Birmingham ; up to about six weeks ago resided with his brother, for whom he worked for wages ; his brother owed him money for which witness had sued ; witness' brother took a cow of his at one time which he killed without witness knowledge; this was one of the items sued for ; he also used witness' horses, sometimes without permission ; sued for the value of these horses and, also, for the value of some cows ; used animals belonging to bis brother from time to time without permission ; had a bit of a " tiff " with bis brother just before he left; about a month before taking any of the sheep he was accused of stealing had a conversation with his brother ; told his brother then that he was paying a big price for his meat and wished to get it cheaper ; asked his brother to let him have some money, his brother replying that he could not let him have any ; it was then agreed that witness was to get a sheep at a time from his brother ; was told he was not to let Richardson or witness' wife know ; was on fairly good terms with his brother, but his wife and his brother's wife were not on good terms ; was not on good terms with Richardson, with whom he had had disputes ; understood he could get a sheep when be liked as long as he kept an account and let his brother know ; kept the skins so that he con Id give them to bis brother in the settling up, and with that show the number he had bad ; was on bad terms with Richardson at the time he took tile sheep from his brother's ; did not know the dates on which he took the sheep ; on October 24th took a lamb and a sheep ; told Halford and Richardson on that day he was going to get some meat ; got the sheep between 10 and 11 in the day from a paddock about 60 or 70 chains *from £. G. McDermott's house ; dressed the sheep in the paddock and only took home the carcase, leaving the head, he thought, on a log ; thought the lamb G. Halford referred to broke its leg while witness was getting the sheep ; this lamb was not killed on the place ; kept the ears to show his brother that it was his lamb; put them under the root of a tree with a piece of bark over it so that the dogs could not get at them ; previous to that day bad another sheep which be killed in the paddock, leaving the head on a log; after he got the first sheep and before the 24th October took a lamb, which he killed on bis brother's place, leaving the head only on the ground ; left these skins in the paddock and took them home later on ; did not think he was doing wrong by taking them in this way ; he could have taken them secretly had he chosen ; the skins were put on logs at his place ; knowing of this case, when he first met bis brother on Sunday asked him if he did not give witness permission to take the sheep, to which he believed his brother replied that he did; Constable Tuohy then came on the scene, and his brother said " Can't we settle this matter ?"and further " I will say I gave him permission ;" from his first conversation with his brother thought he could take the sheep when he wished as long as he kept an account ; when the Constables went to his place gave them all the information he could ; he had not told his brother on any occasion that he had pot taken any sheep ; understood the civil case between he and bis brother was to be heard next Friday; considered his brother owed witness about £68 ; attributed bis arrest to Mr Richardson ; was quite sure his brother would not have prosecuted witness himself. Cross-examined : Did not remember having any conversation with his brother about the cow that was killed ; it must be twelve months ago since the cow was killed ; witness' cows ran on his brother's place for their milk; a month or two after killing the cow his brother told him he had done so ; had as many as four horses running on his brother's place at a time ; his brother had a right to take his horses when he wished ; had used each other's horses for years, taking them for six months at a time ; carried the sheep from the paddock in a sack, its legs sticking out; witness' nephew had never given witness permission to take the sheep. Re-examined: The scrub where he was dressing the sheep could not hide him from the road. To the Bench : Did not keep any entry of the sheep he took from his brother's property ; kept the ears to show what sheep he had killed in case of a dispute ; kept the ears of the lamb he took up to the house and not those of the one he killed in the paddock, because he did not wish the dogs to eat them, and he not think they would touch those left on a log in the paddock. George Halford, recalled, deposed: Knew Wm. McDermott for about a yest and did not think he would steal sheep ; W. McDermott and Richardson were bad friends, they having had several disputes while he was there. Examined by Constable Tuohy : Accused told witness he had bought the, first sheep he brought home from a man down the river for ss, and that he could get one f or 2s 6d if he (witness) liked to. go with him. Re-examined: He said this sheep cost ss. To the Bench: Saw witness cut the ears off the lamb's bead and plant them under a root. The accused was committed for trial at the next sitting of the Supreme Court at Wellington on the 18th instant. Bail was allowed, himself in a bond of £100 and one surety of £100. Mr E. G. McDermott's recognisances were accepted.