RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 70, 5 February 1862, Page 2

RESIDENT MAGISTRATE'S COURT.

Tpksday, Feu. 4. (Before A. C. Strode, Esq., H.M.)

John Doughty and Josiah Doughty, father and sou, were charged with stealing a sheep, the property of AY. C. Young.

They pleaded not guilty, and were defended byMr. Prendergast. '

Geogre Kingston, commi.ision agent, Port Chahners, deposed that about tiie beginning of January he lauded 21(55 sheep, ex Queen of India, for Mr. AY. G. Young. He gave 1013 ofthe sheep in charge to a shepherd named Campbell to be driven to the AA'hite Swamp, near Dunedin He did not authorise Campbell to dispose of any of them by tbe way. On this (Tuesday) morning witness had seen at the Police Station, Dunedin, a sheep which had the same brand as those he had landed ex Queen of India. Had never landed any other lot with the same brand (I) left side and piece out of centre of left ear). A great number of the sheep were lost on the road, and 120 of them were subsequently recovered.

Alex. Campbell, a shepherd, deposed a that he received 105-1 sheep from Mr. Kingston, to be driven from Port Chalmers to the AVliitc Swamp. He had to leave nine of them at Thompson's, five at Duke's, and forty-one between the Port and the Saw Mill. Had seen a sheep at the Police Station which, he believed, was one of the flock. It was a. maiden ewe, branded D left side, and with a hole mark in the left ear. Had been obliged to leave sheep behind, becnuse tbey were too weak to drive. Had not left them regularly in charge of anybody, because there was nobody to take charge. Had left them lying, dying, about at various places. Could not swear positively to the identity of one sheep out of a thousand. Valued the ewe at 28s.

Kobert Lambert, detective constable, deposed that on tiie 30th January, in consequence of information received, he went to Doughty's house, ou the Port Chalmers Road, and in a paddock tliere found a sheep tethered along with three or four others. The sheep in question was branded I) on left side, and bad a boie mark in tbe oar. The other sheep there did not belong to tlie same flock. Tiie prisoner Jolm Doughty was not then at home, but witness saw him afterwards at Sawyer's Bay, and asked him how lie got the sheep. Prisoner replied that he did not get it, nor was lie the owner of it. Josiah (the son) said that about a fortnight previously he had caught the sheep wandering in the road, and had shut it up in the paddock. The paddock was open nnd tliere did not appear to be any attempt at concealment.

Mr. Prendergast submitted that there was no case whatever against the elder prisoner.

His AA'orship agreed, and John Doughty was discharged. Mr. Prendergast then at some length dwelt upon the absence of any proof of felonious intent on the part of Josiah Doughty. Ills Worship said that, in the absence of any evidence of the kind, lie should discharge the prisoner ; but lie must emphatically warn both father and son to let sheep alone for the future.

James Johnstone was lined 205., or 45 hours' imprisonment for drunkenness, aud on a further charge of using obscene language, he was fined 10s. and costs.

John Duncan, for indecency, was flued ls. and costs.

David AVeir, for a similar offence, wa3 fined ss, and costs.