RESIDENT MAGISTRATE'S COURT GREYMOUTH.

Grey River Argus, Volume X, Issue 802, 21 February 1871, Page 2

RESIDENT MAGISTRATE'S COURT GREYMOUTH.

Monday, February 20. (Before W. H. Revell, Esq., R.M.) SHEEP-STEALING. Edmund Trahey surrendered to hin bail, on a charge of stealing two sheep th< i property of H ildebrand and Weber, at thu Teremakau. Mr Newton, and Mr Gnin ■ ness appeared for the defence. In con> tinnatinn of the evidence given on Friday last, the c:ise for the prosecution was pro ■ ceeded with. Jnhn Taggart : lam ferryman on this Teremakau, and know Mr Hildebrand. ]'. saw him on Thursday, the 9th instant, when he came down to the Teremakau to look for sheep he had lost. He founrl two sheep on the spit, and gave them to me tn ferry over, and gave me authority to use them at coat price, or sell them for him on his bt'half. Another was found by the do», and I boated it across ami left il; wit i Charles Klees. We used the she p and paid for them. I never s >ld the prisoner a sheep in my life. Cross examined by Mr Newton : Wet have trot the skins <>f the sheep yet. 1 svw one yes'erdav, and I liulieve K'ees has the other. 1 saw the one he had on Saturday. The two sheep I first ho-ited across had a fresh dab of tar on the back of the neck. Charles Klees : lam a publican nt the Teremakau, and remember Hildebrand telling me he had lost eight sheep and found two, and he would give me them at cost price ; also that there were others knocking about, and if I could catch them I could keep them at c<»st price. One was caught afterwards and sent over. I killed the three — one for Bramptou, one for Tasgart, and one for myself. 1 have now two of the skins, and Ta^gart has the other. The whole three had the same brand ; they were wethei'a. Cross-examined by Mr Newton : I am quite sure they were wethers. The tar bran 1 was on the back of the head ; not on the shoulder. This closed the case. Mr Newton, for the defence, asked the Bench to consider whether there hid been any act of larceny on the part of Trahey. There was no taking proved on his part, -md even assuming that the evidence of the witness M'Eenzie and Larsen wa< true, there waa no evidence of any act o: larceny by Trahey. The mere inatigatior to an act of theft would not criminate the accused, some act of taking must be proved. Assuming thai the Bench, was against him on that pant, it wnnld then be for consideration wk« bei there was sufficient evidence to warrant a committal. The evidence of M'KenzU was the only evidence in the case that could possibly convict Trahey. and the Bench would have to consider whether that evidence was worthy of credence. He submitted that it was not— that no jury of ordinary intelligence could possibly convict the prisoner on such evidence. Again, the evidence of Larsen was to the opposite effect. He distinctly stated that before they started to catch the sheen Trahey was informed that they belonged to M'Kenzie. The witne«s M'Kenzip was the principal in the crime, if crime "here was : and it was the universal practice of the Judges not to convict on the evidence of an accomplice, unless it was corroborated ; and in this case the evidence was- distinctly contradicted. He urge-i that the "prisoner must be acquitted, for, e^en if committed for trial, no jury would believe the evidence of such a man as MvKenzie, who admitted, on his oath, that he often told lies, but he could not tell why he did so, and that he had made a deliberate mis-statement in the office of Mr Guinness. . and that without any inducement being held out to him. Be would call some evidence as to the conversation that took place between M'Kenze and Trahey on the Sunday which had been referred to. The prisoner having been cautioned in the usual form, said he was "not guilty." John Matthews : lam a liborer at the Teremakan. I was at Trahey's house on Sunday, the 12th instant. There were also present Mr and Mrs Trahey, Sandy M'Kenzie, Larsen, and A lie, a painter. I was not called in ; I was about the house. I saw Mrs Trahey aive M'Kenzie and Larsen eaoh ss, and Mrs Trahey said, " I

*nr>n<ise that will n e enough for them?" MKenzie said he was quite satisfied. Trahey asked Sandy if the sheep were not his own, Raving " I always thought the s'leop belonged to yon, as I might get into trouble abonfc them." Sandy said, "You'll get into no trouble a^out it ; I vm tl>e man that will get into trouble about it ; the sheep belonged to me for all you know." Tnat was all I heard. I was standing alongside of Sandy while he was talking. I did not hear Truliev say anything nhout paying Sandy's expenses, on hat occasion. I did not hear Trahey say thit if that evidence was given the thins would be dropped. 1 left them there. I cannot say when the others left ; I <»aw them about the nlace that night Cross-examined by Sub-Inspector Hick*on : This conversation took place between 10 and 11 in the forenoon, just in front of the bar. They were speaking aa I went in ; were all three talking. On the Thursday of the week before last I •iaw two sheep hanging up in the store hut I don't know how they came there. By the Bench : 1 have been in the nrisoner's employ s'.nce the week before Christmas, and living at his house. 1 was only present during a portion of the conversation on Sunday. Trahey kills his sheep himself. I did not see the sheep alive I found in the store on Thursday. This closed the case for the defence. The Magistrate : It is unnecessary for me to make any comments on the evidence given in this case by the witnesses. Larser. and M'Kenzie ; I will simply state that the evidence of Hildebrand and the other butchers who were with him goes to show that certain sheep were lost on the road up from the Arahura ; that the carcasos were found on your premises, and also the skins, which, by the brands, were | identified as the property of Hildebrand. I The evidence of Larsen is most contra- j 'Victory in itself, but ifc isn^tfor me to deal with that matter now ; if thought necessary, it will be dealt with in another Court. Some influence has been brought to bear on that man to induce him to come forward and givetheevidencehe did. He at lirst showed yreat hesitation in giving it, and after he had been recalled, and M'Kenzie had made his statement-, he made a different statement, ono which to a very great extent, confirmed M'Kenzie's evidence. M'Kenz'e made his statement-, knowing that he was bahle to be prosecuted for stealing the sheep, and his evidence was not broken down, although he was suhjeuted to a severe cross-examina-tion ; indeed, it was rather confirmatory of the other evidence. The prisoner would be committed for trial at the next sitting of the Supreme Court at Hokitika, on the 2nd May. Bail was accepted, prisoner in L2OO, and two sureties in LIOO each.