SUPREME COURT.

Globe, Volume III, Issue 255, 6 April 1875, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Monday, April 5. [Before Mr Justice Williams.J recognizances estreated. It will be recollected that at the last sitting of the Supreme Court a man named John Ray was charged with larceny in a dwelling, but remanded until this session on account of the absence from the province of a material witness. He was allowed out on bail on his own recognizance, and yesterday when called by request of the Crown Prosecutor failed to appear. A warrant was ordered to issue for his arrest. true bills. During the day the Grand Jury returned into Court with true bills in the following cases:—Regina v Philip Green, burglary and previous conviction; Regina v Alexander Le Bas, forgery and uttering; Regina v Frederick Cooper, forgery and uttering ; Regina v Frederick Win. Turner, larceny as a bailee; Regina v John Montgomery, burglary; Regina v William Longley Fowler, sheepstealing. Tuesday, April 6. The Court re-opened at 10 a.m. sentences. Alexander Leßas, who had been convicted of forgery and uttering, was brought up for sentence. Prison said that when he issued the cheque he thought it was a genuine one. His Honor sentenced the prisoner to three years' penal servitude within the colony. Frederick Cooper, who had pleaded guilty to two charges of forgery and uttering, was brought up for judgment. Prisoner said that he was delirious from intoxication when he committed the crime, and hoped that his Honor would pass such a sentence as would give him a chance of redeeming his character, as he was but a young man. He wished to call Mr Reston as to character. James Reston, chief gaoler, said that prisoner's conduct had been very good whilst in gaol. He thought the prisoner had been a respectable man. His Honor sentenced the prisoner to one year's imprisonment with hard labor in Lyttelton gaol. On the second charge the prisoner was sentenced to one year's imprisonment with hard labor, to commence from the expiration of the former sentence. SHEEPSTEALING. William Longley Fowler, who had been out on bail, now surrendered, and was indicted for having on 3rd February, 1875, stolen one sheep, the property of John M'Arthur and another. In two other counts prisoner was charged with stealing sheep from the same persons, viz., on 22nd and 24th February, The prisoner, who was defended by Mr. Joynt, pleaded " Not Guilty." Mr. Duncan prosecuted on behalf of the Crown. Mr. C. Young was chosen foreman of the jury. The case for the Crown is thus summarised :—The prisoner and the prosecutors lived in the Waiau district, and were sheep owners, and prisoner occupied a run near the prosecutors. From time to time the flocks of the Messrs M'Arthur had been so diminished that they obtained the services of a detective from Victoria, to reside on their run, in order, if possible, to find out the reason why the flocks diminished. From evidence obtained by the detective the present charges were framed. Messrs. M'Arthur's sheep were ear.-narked by two slits in the near ear, and prisoner's ear-mark was a half cup, which could be formed by cutting off the two slits. Certain sheep thus marked were found alive in the prisoner's flock. McArthur's sheep had also a fire mark of a V reversed on the nose. This prisoner had attempted to efface with his own brand, in order that McArthur's sheep might not be detected until after the clipping, so prisoner might obtain the benefit of the wool. Messrs McArthur's wool mark was also different from that of the prisoner. As to the sheep mentioned in the third count of the indictment, the detective endeavoured to take possession of it, but prisoner seized it, cut its throat, then cut off its head, and endeavored to make away with it. This, however, the detective prevented, and obtained possession of the head. The sheep mentioned in the first and second counts were found alive in prisoner's posses« sion.

Duncan McArthur, one of the prosecutors, described the different marks of his and his brother's sheep, and also prisoner's marks, atd proved the finding of certain of their sUeep with marks altered is, prisoner's

possession. The witness also identified two heads and two skins which were produced. In cross-examination the witness said that Detective Corbett from Victoria was in their employment; had found sheep belonging to prisoner in their flocks when he mustered. He admitted that for some time past he and prisoner had been in the habit of accidentally shearing a few of each other's sheep. It was originally the practice to let each other know when that happened, but not within the last two years. In February last they shore some of prisoner's and he shore some of theirs. They put their own wool brand on the sheep they shore belonging to prisoner. Remembered within the last two years fire-branding sheen which were not their property, and in some instances these sheep were inadvertently turned out on witness'run; amongst sheep thus treated were several belouging to prisoner; Witness had n oth ingtod owi th brin gi n g Detective Corbett from Victoria. Did not know whether his brother had. Inspector Emerson got Corbett down; did not know at whose suggestion ; witness's firm paid Corbett. Sheep are sometimes imperfectly marked, and at shearing time it is the custom to make the ear-marks better by slitting them again. John McArthur deposed that within the last six month he had observed the ear-marks altered in some of his sheep so as to form prisoner's ear-mark; pointed the alteration out to prisoner, who said he could not account for it except it had been done by the shearers; witness claimed the sheep as his, and prisoner did not claim it; prisoner said that the sheep had been shorn by him and the wool bra> ded. A few days after the 22nd February, Detective Corbett brought a sheep's head to the station, which witness now identified; one of the slits had been cut away from the near ear; the mark on the near ear now represents the prisoner's earmark. In croBS-examination the witness stated that he and his brother and Mr Caverhill were instrumental in getting Detective Corbett from Victoria; they paid him between them; Corbett resided in a hous« near the boundary of witness's run, close to prisoner's homestead, and was in the habit of bringing information as to the goings on there; at every muster witness found sheep belonging to prisoner and other station owners amongst his flock. Detective Corbett described the earmarks and face brand of Messrs. McArthur's sheep ; was employed by Messrs. McArthur as a detective since the Bth of June last ; on the 22nd of February John McArthur, witness, and others, with prisoner, were drafting sheep in prisoner's yard ; there were nearly 100 of McArthur's sheep there ; one of the sheep had the appearance of the near ear being recently cut; and shortly afterwardß another was caught in a similar state ; this had been shorn and branded on the back with prisoner's brand. Prisoner denied ever having altered the ear-marks in the shearing. John McArthur took possession of the sheep; prisoner did not object. On the 24th February witness was at prisoner's yard, where they were drafting. James Robinson caught hold of a sheep, and said, " I have earned 5s this morning ;" he looked at the near ear, which had the appearance of being recently cut; prisoner said it was one of Caverhill's sheep ; witness said he thought it was McArthur's ; Robinson handed the sheep over the fence to witness ; Robinson tied its legs and laid down ; witness said he would take it and kill it; prisoner ran with a knife cut the sheep's throat and cut the head off ; witness told, prisoner to give witness the head, which prisoner refused to give up. Witness caught hold of prisoner, and called on Robinson to assist, but he refused. Witness then told prisoner that he was a detective, and arrpsted and cautioned prisoner, who said, " This is some of Tom Smith's work, but I could bring more charges against him." Ultimately prisoner salted the head, and sewed it up in apiece of cloth. Witness watched his opportunity, and snatched it out of prisoner's hand, and now produced it. Witness took prisoner to the Waiau Police Court next day. In cross-examination, witness said that he became very intimate with prisoner, and very often went to his house and played cards, and drank with him, for he was very hospitable. Witness completely won prisoner's confidence. Could not say all the various marks either McArthurs or prisoner used. The sheep prisoner killed was a disputed sheep. James Robinson is Fowler's shepherd, and was intimate with witness, and very useful in giving information as to what was going on at prisoner's. About the beginning of January Duncan McArthur told Robinson that witness was a. detective. Respecting the head, prisoner said, " All right, Tom, so long as you produce the head at the Waiau." Prisoner could not make a muster of sheep without witness's knowledge; he might get in a few. Alexander Kennedy, a shepherd in prosecutor's employ, gave corroborative evidence as to identity of the sheep. James Robinson, formerly a shepherd in prisoner's employ, but now in the employment of Messrs. McArthur, gave testimony as to the dispute about a sheep betweea McArthur and prisoner. McArthur offered witness 5s if he would catch a certain sheep ; did not think he got the ss. In crossexamination witness admitted that whilst in Fowler's employment he was assisting Corbett in looking after McArthur's interest in the sheep. He believed that one of the sheep claimed by McArthur was found when it was looked at a second time to have Caverhill's face mark on it ; prisoner brought 500 sheep from Caverhill ; had heard prisoner tell the shearers not on any account to shear any of McATthur's sheep; J. S. Caverhill deposed that he sold 2500 sheep the year before last ; they had a wool brand and an ear mark ; none of witness' sheep had two slits in the ear; did not sell any sheep so marked to prisoner, but would not say that some bo marked were not delivered. This closed the case for the Crown, [Left sitting.]