DOG GIVES MASTER AWAY

NZ Truth, Issue 1211, 14 February 1929, Page 7

DOG GIVES MASTER AWAY

Farmer Who Robbed From His Neighbors' Flocks POLICE PRAISEDJSY THE JUDGE (From "N.Z. Truth's" Special Auckland Representative.) *9M 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 11 1 It 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 M 1 1 1 1 1 l'l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 M 1 11 1 1 1 1 1 1 1 1 1 1 1 1 tl 1 1 1 1 1 H 1 1 1 1 1 (I M I I I II I I I tl '1 1 1 1 1 1 11 1 M 1 1 1 E 1 1 1 1 U 1 1 1 1 U t II I M M I I I H I I I I I I I I I I I • 1 1 1 1 M 1 1 1 [ M M l l l l 1 What Frank James Smith did not take into account J 1 when he set out to get rich at his neighbors' expense, was § | that when a man launches into a career of crime he is f 1 pitting his wits against his fellows, and to succeed he must | | needs display more than an average intelligence, or crash; |

QMITH crashed, and for the simple iJ reason that he under-estimated not only his- neighbors' intelligence, but their powers of observation. ■- When he was charged m the Auckland Supreme Court with Having coveted the flocks of those around him, and having gone so far as to run them off to his own farm, he pleaded not guilty, but his case was so thin that after the first day's hearing he asked to be allowed to withdraw that plea and substitute one of guilty. Detective Snedden and Constable Robertson were complimented by Mr. Jusiice Blair for the manner m which they had prepared the case. The farm which Smith had taken up at Woodleigh was one which the Government had on its hands, and when he entered into possession he put very little capital into it, and had but few hoofs of stock of anj' kind. When he mustered the Botlrvvoll estate towards the end of last year, H. P. Leigh, manager of the estate, got something of a shock to find that he was short, according to his estimate, by four hundred and fifty sheep. He traced some tracks of sheep leading from one of th& paddocks of the estate he managed along the road going m the direction of the accused's farm. Jn places they were not traceable, but when they were followed to their journey's end they entered Smith's gateway, j

* It was then that Smith began to find, that it may be a comparatively easy job to round up a flock, and get away with it, but when it comes to putting up a good and - convincing tale as to how they were come by it is another matter. One remarkable tale he told the constable was that he had driven a flock of three hundred from Gisborne last April, and that he had done the journey In fifteen days. But he was not able to give the name of the. man who had sold them to him, and although he had paid £345 cash he had not received a receipt. The constable insisted on a muster of Smith's flocks, and this move was even more necessary as the suspected man had no registered ear-mark. j A muster was promptly made and it was then found that nearly every sheep , on Smith's farm had the Bothwell ear- j marks. It was then that Smith gave himself away completely, for when the constable returned the former was nowhere to be seen, and the farm-house was locked up. . l Afrer waiting about an hour for Smith to return, m vain, the constable set out on a track through the fern for over a mile, making for the most elevated spot an the farm to see Avhere the missing farmer might be. About half a mile away was about a hundred acres of bush, and it was from this direction t.h"t tbp waiting observer heard the bark of a dog. Constable Robertson then made his presence known, and Smith by way of explanation said that he waa getting

iiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiuiiiiiuiiiiiiiniiiiiiiiiiiiiiuiiiiiiiiiiiiiiuiiniiiiiiiiiri?; some sheep together to help the musterers -when they arrived. At the same time he showed an inclination to move away from the bush line. "We'll have a look m the bush, anyway," suggested the constable, and straightway made into it, and commenced to cast around. . The search was rewarded by the discovery of a hidden sheep fold, or pen, m which were about eighty or ninety sheep. The irony of it was that the dog should have barked . for Smith who rather prided himself on his "silent worker," which had quite a reputation m the district. In the face of this evidence the suspected man still insisted on his innocence, and when asked to show the cheque butt of his payment at Gisborne he replied that he had paid m £1 notes. Smith being let out on bail of two sureties of £500 each, the police got busy, and Detective Snedden and Constable Robertson made paper duplicates of the various oar-marks, and collected a number of small pieces of ear-clippings which Smith had removed when chnnging the ear-marks of his stolen flock. At the Auckland Supreme Court before Mr. Justice Blair, Smith was charged with stealing two hundred and thirty-three sheep from the Bothwell station, valued at £351, and two

sheep, valued at £2/10/-, belonging to Robert Alexander Rutherford, of Kaawa, and alternatively with having received sheep knowing them to have been stolen.

On the morning of the second day of the hearing, immediately the court resumed Mr. G. P. Pinlay, who was acting for Smith, stated that he had had a long: conference with his client, and as a result he would ask permission to withdraw the plea of not guilty and substitute one of guilty to the charge m regard to the Bothwell estate.

On this announcement being- made Mr. Meredith expressed his approval. and* agreed' to withdraw the other charge.' His honor observed: "The case is abundantly clear, and it might have been very unfortunate for the prisoner if he hnd gone into the witness-box and repeated the statements he made to the police officer because they were quite incredible."

. Hi a honor then asked Detective Snedden and Constable Robertson to stand up, and addressed them: "I am not without experience of the difficulties confronting the police m handling the, preparation of a sheep stealing case," he said.

"It is a matter of great difficulty so to present a case that it may be easily understandable by a jury of city men unversed m the ways of sheep, and the intricacies of eaivmarking, and so on. "The present case bears evidence of most meticulous care m its preparation, and has reached the court m a form- easily understood by laymen. It reflects very great credit on you both."