LOCAL NEWS.

Nelson Evening Mail, Volume I, Issue 12, 17 March 1866, Page 2

LOCAL NEWS.

RESIDENT MAGISTRATE'S COURT. [Before J. Poynter, Esq., R.M.; W. Wells, Esq., J.P. M.H.E.; — Eyes, Esq., Superintendent of Marlborough Province ; and S. Kobinson, Esq., J.P.] This Dat. CATTLE TKESPASS ACT. John Armstrong, W. Absolon, Samuel Wadman, and Arthur White, were fined 10s. and costs, for allowing their cattle to be at large. CHARGE OF SHEEP STEALING. Hans Fanzelow was charged by Mr. Wiesenhavern •with this offence. The case excited considerable interest, as was apparent from the unusual array of J. P.'s on the bench, and the large number of persons who attended the court. The accused pleaded not guilty, and was defended by Mr. Pitt. Mr. Kingdon appeared for the prosecution, and stated the facts of the case as they will appear in the evidence. He called the prosecutor, who, be said, would identify the stolen sheep, and make out a clear case agßinst the accused. Mr. Wiesenhavern said the prisoner was formerly in his employment as shepherd at the Waimea Valley. He left him in February, 1863. A few months ago he asked him permission to occupy an old whare, he being at the time a scab inspector. Prisoner had permission from the Government to place his sheep on the top of the Red Hills, bounded by the Big Bush on the Nelson side. Prisoner was requested by Government to remove his sheep, on ceasing to bo scab inspector in December last. The sheep Avere removed to some place in the Wairau gorge. Prisoner then told witness he had removed the sheep belonging to him, and gave a certificate to that effect. The lied Hills are in witness's lawful possession. He never afterwards made any demand ibr more sheep. The wliare formerly occupied by the prisoner as shepherd, was a mile and a half from the house of witness, on the road to Mr. Jeffrey's. About eight weeks ago, the prisoner asked permission Lo occupy this whare during Mr. Jeffrey's mustering. He attended the mustering, and brought back a, few sheep bearing his ear mark, and a few belonging to witness. He brought three or four to his own whare, -which had been shorn previously. He told witness he was going to put them iu his old valley. Witness told him he niiglit leave them on the banks, but forbad him to put them on the' Red Hills' run. Told the prisoner he suspected he had sheep on the Red Hills; he denied having sheep there. On going to Nelson, some time after, he met the prisoner near Kerr's. On returning, and going up the gorge with Martin and Bolton, he found a mob of fresh-shorn sheep on an island in the river. There were about 40, which he brought to his own station. He found the sheep about four miles from his own house. His man recognised the sheep as some which prisoner had driven away, und the prisoner, when asked, admitted having taken the sheep up the gorge, and shorn them. On, being pressed, witness said he was not clear whether prisoner said he had shorn these identical sheep. He said he had taken sheep to the gorge and shorn them. He admitted he had placed sheep in the first opening of the gorge. He said he claimed some of the sheep. Witness, on examining the sheep he had in the yard, found two sheep bearing his old ear-marks. There were 15 sheep that did not bear prisoner's ear-marks. Prisoner had 22 bearing his ear-mark. On the-two sheep which witness recognised as his, the ear-mark had been altered. Prisoner's ear-mark had been placed on the ear-mark" of one of witness' sheep, apparently about three or four weeks previous. The skin of the sheep in question was brought into Court, and identified by the witness, who swure to his old ear-mark, and pointed out the mark recently added. The sheep whose skin Avas sworn to had beeri handed alive to the constable. Witness never sold the sheep in question, and was positive the ear-mark was his. To Mr. Pitt: The prisoner had applied for a license, before this happened, for a portion of the Red Hills, and received notice to leave that spot. Witness knew prisoner was applying for another portion of the Red Hills, near the run of Jeffreys. When prisoner mustered the sheep, lie knew not jf a man named Wallace was present. He had not that lie knew, bought sheep of Dr. Monro. The run of Jeffreys' adjoins that of witness on the one hand, and that of Saxon's on the other. It was not the custoui, in mustering sheep, if scabby sheep were found belonging to another person to shear them. He had sheared prisoner's sheep, but not Saxon's or Davis's, he would not say he had buen bad friends with prisoner he had no ill feeling against him. He swore to the old ear-mark but he would not swear to the sheep. The ear-mark came from his country. He would swear to the sheep so far as it bore his earmark; to the best of his knowledge and belief from the ear-mark he believed the sheep to be his own. To Mr. Kingdon ; Prisoner claimed the sheep as having his ear-marks. Witness was not mustering and consequently did not want to shear any scabby sheep. At this stage of the proceedings, -the. Court sugf gested .that as the case was likely to be a long one; it should be.postponed till Monday. . . ■ On the application of Mr. Ktt bail was allowed.