Police Court.

Feilding Star, Volume XVII, Issue 198, 24 February 1896, Page 2

Police Court.

THIS^DAY. (Before Messrs H. L. Sberwill and J. C. Thompson, J.P.'s) F. H. K. England was charged, on the information of the police, with having earmarked, with intent to steal, two i sheep the property of A. Fitzherbert, of i Pakihikura. Constable Taohy conducted ' the case for the prosecution and Mr ! Sandilauds appeared for defendant. j A. F. Fitzherbert, deposed : Knew accused , whose farm was separated from witness' by a road ; accused's farm was fenced on the side facing witness' ; on j February 4th was present at a mustering | of accused's sheep ; there were present Constables Heally and Griffiths, Thorns (3), and Atkinson ; arrived there shortly after 8 o'clock, and found that one paddock had been mustered and the sheep j let go again ; they found four sheep with witness" earmark ; these sheep were taken from the flock and put in a pen ; before witness arrived ; bought these sheep from Mr Ainon on November 18th 1 last ; w hen f ound in the yard these sheep i had a yellow raddle mark on the neck ; did not use that color, and only knew of accused in that neighbourhood who did i use it ; saw no earmarks on these fonr sheep, except his (witness') and Mr Amon's' from whom he purchased them ; > on the same date found two other of his • sheep amongst accused's, whose earmark > they bore ; on the wether accused's ear- . mark was fresh, and appeared to about a : fortnight, but on the ewes this mark '< was old ; this mark might have been ■ done a month or might be six months ; i had not sold any sheep similar to the I ewe at Pakihikura, but had done bo at l Feilding. » To Mr Sandilands :— Did no part of > his fencing along the road boundary - until a month ago ; had put a gate across 1 the road and utilised accused's fence ; have frequently examined this fence with a view to repairing if any battens > were down ;if two or three battens were ! off it would be possible for sheep to > get through ; knew that, by the Stock t Act, a man was obliged to put a disi tinguishing wool mark on strange sheep > which might get among his flock; the ! earmark (accused'si on the ewe might > have been done when it was a lamb; 5 the two sheep in question had not ac- • cused's registered • earmark on because • they had not the top off one ear, having • only accused's " thislte-top " mark. t Re-examined : Witness' sheep could stray on to accused's land but had not taken any of his (witness 1 ) sheep off I accused's property for the past eighteen I months. > A. H. Atkinson deposed to being pre- > sent on Feb. 4th when accused's sheep > were mustered ; saw two sheep with Mr Fitzherbert's earmark and, also, acI cused's. t W. A. 1 horns and Constable Healey I corroborated the evidence given by pre- ) vious witnesses as to finding the two » sheep in question. > Mr Sandilands submitted there was - not sufficient evidence to convict and > asked that the charge be dismissed. : After consideration the Bench decided > to commit accused to trial at the Wan- > ganui Supreme Court on April 13th. , Bail was allowed.