MAGISTRATES’ COURTS.

Globe, Volume VIII, Issue 875, 14 April 1877, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH,

Saturday, April 14

[Before G. L. Mollisb, Esq.. R.M., G-. L Lee, and Deßenzie Brett, Esqs., J.P.’s.j

Drunk and Disorderly. —Three inebriates, who appeared for the first time, were each fined ss. A charge against a person for drunkenness was dismissed, as he was shown to bo subject to epileptic fils. Thomas Murphcy was fined 60s. Samuel Dobbinson, charged with being drunk and annoying some persons in St. Andrew’s Church, was fined 20s. Timothy McCarthy, charged with drunkenness and injuring the cab in which be was being conveyed to the lock-up, was fined 10s, £1 damage, and Is 6d cab hire.

Cruelty to a Horse. —A case against John Hill, charged with brutally illusiug a horse on the Papanui road, after its log bad been broken, was adjourned until Thursday next, accused to be admitted to bail in the meantime in two sureties of £2O each.

Vagrancy. —E. B. Scott was charged, on remand, under the Vagrant Act, with imposing on William Collins, of Waltham, by false representations. Accused had gone to the prosecutor’s place, and offered to buy a marc and foal. He took the former away on trial, for a few hours, and on returning gave the prosecutor a cheque for £32 10s, drawn on the Bank of Xew South Wales, Wellington. When presented at the bank, in Christchurch, witness was told that the cheque was valueless. A second charge, of obtaining goods to the value of £3 7s fid from C. P. Hulbert, on the 10th of March, was preferred against accused. When receiving the articles, accused had represented that he was Dr Scott, and had purchased a business at Papanui. Witness had enquired at the Christchurch Bank, and learnt that the cheque was of no value. Witness had seen accused subsequently, and lie promised to place funds in the bank to meet the cheque. This had not been done. E. W. Castelli, clerk in the Bank of Xew South Wales at Wellington, deposed to the latter cheque having been presented at the bank there and dishonored. Accused had 15s fid to his credit at the bank, and it had remained at that amount for some time past. A number of cheques given by accused had been presented and dishonored. Francis Brady, clerk in the Christchurch branch of the Bank of Xew South Wales, stated that accused could have laid no reasonable right to suppose that the cheques would have been cashed at the bank. In reply to the Bench, accused said he had expected a large sum of money would have been sent out to the Bank of Xew South Wales at Wellington. Inspector Feast told the Bench that accused had issued about thirty cheques, and during the few weeks lie had been in Christchurch had swindled a number of tradesmen here. In one instance he had purchased a gold watch and chain, which ho had afterwards pawned, and the watchmaker had to go to some expense to obtain possession of them again. Sentenced to twelve months’ imprisonment with hard labor.

Disobeying an Order.—A case against John Hickling for failing to comply with an order of the Court, was adjourned until 16th instant, in the absence of the parties. [Before G. L. Lee and Deßenzie Brett, Esqs., and Dr. Back, J.P.’s.]

Sheep Stealing-. —Alexander Sharpe and Robert Sharpe were charged with stealing twenty-live merino sheep from the run of John Brabazon, Waimakariri. Mr Joynt appeared for the accused. When arrested the first accused told Detective Kirby that Mr Brabazon had made a mistake this time, as ho (accused) had bought several lots of sheep lately from different pounds. On the 6th inst. he (the detective) had seen a number of sheep drafted by Win. Hutchinson, shepherd, to Mr Brabazon, Robert Sharpe was present at the time. Hutchinson claimed twenty of the sheep as belonging to his master, and witness took possession of them. The sheep were branded AS, with across under, and had also a slit at the point of both ears. The sheep were now in the possession of the police at Addington. Found them in paddocks on Alexander Sharpe’s farm, but the gates were open and they were running from one paddock to the other. Detective Walker, called, deposed to arresting Robert Sharpe on the 12th instant at his own house, York!own district. When arrested accused said he did not understand it all. On 30th March witness was at the butchers, at Wcedon, with Mr Brabazon’s shepherd. The shepherd picked out six merinos there out of a mob of about two thousand crossbreds. These sheep were branded AS, with a cross under. Five of them had a notch out of the top of each ear. The sheep were now outside the Court. Hutchinson, the shepherd, claimed these sheep as his master’s property. Witness went to accused’s farm on the 7th instant, and saw Robert Sharpe there, Hutchinson and Kirby were there. Hutchinson claimed twenty merino sheep, similarly branded and cut in the ears to those witness had previously taken possession of. Robert Sharpe admitted to witness that he had branded all his brother’s sheep after shearing. Saw a number of cross-bred sheep on the farm. The farm was well fenced, both with sod and gorse, and was sheep-proof. In reply to Mr Joynt, witness said t hat all the sheep were similarly notched in the ear, leaving the point of the ear swallow-tailed, done seemingly with a knife, as some of the notches were larger than others. Accused’s farm was very well fenced, and witness could not get through the fences, and did not think a Merino sheep could get through them. There were some slipr-ails where the sheep might probably get through. The gates were formed of hurdles made of battens two inches apart, and dead gorse stuffed in between them. They were tied to the posts with llax. Samuel Lindsay, butcher, residing at Wecdon, called, stated that he purchased 102 sheep from Alexander Sharpe on 27th March. Took possession of them on accused’s farm. They were branded AS with a cross. Witness was driving them home when Hutchinson (Mr Brabazon’s shepherd) claimed some of them. W itness drove the sheep tg his own paddock, and helped to draft them. Hutchinson claimed fqur of the

sheep in the mob on the road. Saw some sheep outside the Court. They had been m witness’s possession, purchased from Alex. t ai P and were a portion of the 102 bong i' J witness. They were merinos. Sonic ot the sheep witness purchased from » 1,11 P , cross-breds. Both of the accusec IV gether. In reply to Mr Joynt, witness nul lie had had two sheep transactions i' ll , , ander Sharpe, and onboth occasions. du J Alexander Sharpe in his own name and p«d the money to him. Had neiei ] ‘ . sheep from Robert Sharpe. ,i • 0 (- sions, when witness went o -■ lielmd the slieop, *Lp. M not It* ThXr the eccmetl their farms together. I" reply to the Bench witness said he eoukl not say whetlici the accused were partners m the farms 01 not Had served them with meat for six years, and Robert Sharpe always had accouj*. Wm Hutchinson, called, stated that he a, shepherd to Mr J. Brabazsou, and resided on the run at Yorktown. Accused s place adjoined the run. On the 2/th March me last witness on the road, driving a mob of sheep. After examining them witness claimed five as belonging to Mr Brabazon. The slicep were branded min Alexander Sharpe’s brand (AS with a cross.) Knew t hey belonged to Mr Brabazon by (heir ear mark and general appearance, ihe sheep claimed were merinos. The majority of the others in the mob were a mixture ot crossbreds, but there were a few other merinos in it. Witness subsequently pointed out these sheep to the police in Lindsay’s paddock. Had seen those sheep that morning; they were outside the Court. Mr Brabazon s brand was a swallow-fork in each car at the tip, cut with a knife. Saw the accused Alexander Sharpe on the 28th March. Ho came to witness and said there had been some misunderstanding about Brabazon’s sheep, as Wellbonrne had reported that he (Sharpe) had been stealing them, lie asked witness it he know anything about it, and witness said “ ves,” and t old him about meeting Lindsay and pointing out some of Mr Brabazon s sheep in the flock. Sharpe said he wished ■witness liucl come to him instead or going to Mr Brabazon; that be wouldn’t for £IOO, or all that he was worth, have such a charge laid to him, and had witness gone to mm he thought they could have put it right. \> itness told him it was uot in his power to do it, and that lie had better go and see Mr Brabazon himself. Ho also told witness _ that he had bought the sheep be (witness) had picked out from the White s, at Yaldhurst, while they were driving them down to town. Hid not know which of the White’s he meant. Knew the country about there well. Could uot say whether both of the accused were in partnership. Knew their horses go together, and the sheep ran on both sections. The stock generally ian together over the two farms. Both accused lived together. Witness mustered some sheep on A. Sharpe’s farm on Gth April. Detective Kirby and Robert Sharpe were present at the time. The mob mustered numbered between 300 and 400. Witness picked out twenty sheep belonging to Mr Brabazon nineteen merinos and one cross-bred. These were all branded with A. Sharpe’s wool brand. Kncu they belonged to Mr Brabazon by the earmark, age, and general appearance. In the first five slicep there was one 1-tooth weather, and the rest were two-tooth (three wethers and one ewe). The other twenty were a mixture of ewes and wethers. One was a six-tooth ewe, one a four-tooth wether, and all the rest wore two-tooth. These twenty sheep were drafted from a mob consisting mostly of eross-hreds. Ihe twenty-five sheep belonged to Mr John Brabazon. Knew the ear-mark prisoner used for his young Dock —meant both prisoners. Saw a number of ear-marks in the Hock —Some ot Mr Matthias’s, Mr Tosswill’s, J. T. Fords, and one belonging to Mr Me Alpine. The car - mark used by accused for the young sheep they breed is a small piece taken out of the point of the right ear like a small Y with an iron, and a small punch hole in the car. These marks could uot be mistaken for Mr Brabazon s. itness had missed about 200 slice)) from the run, ot the breed and marks he bad been describing. All of Mr Brabazon’s sheep but the rams wore ear-marked in the same way. Saw the 20 sheep that morning at Addington which had., been taken possession of by the police. Ihe fence at accused’s farm was good and slicep proof —gorse and sod wall. Knew that Mr Brabazon had not disposed of the sheep of (hat breed and sex to prisoners or any one else. Mr Brabazon had sold a few cross-breeds. Witness considered the fence round accused’s farm to be perfectly sheep proof. In reply to Mr Joynt, the witness said the accused were living at their farm when he (witness) went there about eiglit and a half years ago, and had sheep, and kept them ever since lie had been there. Accused bred sheep and sold a lot, but witness never heard of their buying any. They bred a lot., and might buy various lots without witness knowing of it. Did not know whether accused’s farm bad been cut out of Brabazon’s or Mattbiass’s run, but it was pnec bounded by the former run. Accused’s farm was about two and a half miles from Mr Brabazon’s boundary, and about eight miles from (Left sitting.) LYTTELTON. Saturday, April 14. (Before W. Donald, Esq., R.M.) Drunkenness and Resisting the Police. —Alexander McMillan, arrested by Constable Moutray, charged with the above, was fined 2Ss, or forty-eight hours. Resisting the Police. —Henry Stewart St . Clear was charged with resisting and interfering with Constable Moutray while arresting the last prisoner, and sentenced to twentyfour hours’ imprisonment. Drunkenness —John Lewis, arrested by Constable Johnson, charged with 1 lie above, was fined 10s, or twenty-four hours imprisonment.