ALLEGED SHEEP-STEALING.

Pelorus Guardian and Miners' Advocate., Volume 8, Issue 27, 2 April 1907, Page 4

ALLEGED SHEEP-STEALING.

CASE AGAIST SOUNDS SETTLERS. CONTINUATION OF THE EVIDENCE The evidence in the case against Daniel Eli Wells and Gabriel George Wells, of Four Fathom Bay, Pelorus Sound, of the theft of eighteen sheep, the property of Captain Cracroft, of Yncyca Bay, was continued in the Magistrate's Court on Thursday last. In our last issue we published the facts of the case, as outlined by Sergeant-Major Mason, for the prosecution. We are indebted to the courtesy of our contemporary the Picfcon Press for details of the evidence. The first witness called was Captain Henry Lewis Walter Cracroft, a settler residing at Yncyca Bay, Pelorus Sound, who said : I own slightly over 1000 acres of ground there, freehold and l.i.p. The land is a small promontory, and on the opposite side is Four Fathom Bay. The defendants live in Four Fathom Bay, my land and theirs adjoining. There is no real dividing fence at the top, between the two properties. It is possible for straggling sheep to go from one property to the other. I last mustered for marking and tailing on 15th and 16th October, 1906. (Witness here read extracts from his diary—"on 16th, Wells came round"). On 16th, we found one stray ewe, whose brand we did not recognise. On that date George and Eli, with a boy, came round to my place looking for cattle, and I then told them I had a ewe belonging to them, and I had just marked it, in mistake. Then they explained to me about the sheep having double ear-marks on it. They said that they used to have the same earmark until they divided the sheep, when they dissolved partnership. One of defendants explained the matter, and scratched a diagram of an earmark on a matchbox (produced). This was, he thought, "George" Wells (Gabriel George). Defendants took the ewe and lafib away. At the tima of tailing William McNab came to me as Manager—on the 14th October I gave to his charge the practical working of the sheep. I have since been ill and away, and have not had anything to do with the sheep at all. On the 7th of March, 1907, I saw a notice (produced) which was handed to my Manager, Mr McNab, that D. E. Wells intended to ship sheep. McNab and J! went to Four Fathom Bay on the 7th, at about 2 p.m.—perhaps a little after. Some of the sheep were in the yard, and the Alexander wa3 anchored out in the Bay. The sheep were being drafted by Mr Wilkinson. One accused (Eli \Vells) was amongst the sheep, but I did not see the other defendant. I saw McNab go into the yard, take one sheep and out, tie its legs, close to where I was standing. He said it was one of ours. Eli Wells was near, and must have heard what passed. Joseph Wells said: "This might have been done in a mistake "; and I said ; " Very likely it might have been done in mistake in the hurry when they were marking." The sheep McNab lifted out had had my ear-mark altered, hence the conversation with Joseph Wells. I don't know whether Eli Wells could have heard the conversation. After this I saw McNab take two more sheep out. I then went down and got into the launch, as there was talk of another draft coming in, and 1 thought they were coming from another Bay. George Herring was sitting in the launch with me. Eli Wells said to me, as I was going down to the launch : " Your man is watching me; does he take us for sheep thieves ? " My reply was: «I don't know, I am sure." I did not go ashore again, but whon they had gone through the sheep we took seven lambs homo I examined the lambs in the boat and saw the ear-marks were mutilated. The other ten lambs referred to in the information I did not see until next day, when they were brought round by McNab and Herring. I examined them, and found all except one, and that one's ear-mark was intact. (Witness here produced the certificate of his registered ear-marks for wethers and ewes). I can swear to the original of the sixteen sheep I examined as my ear-marks, notwithstanding their mutilation. These sheep arc crossbred. This year I am running fourteen Lincoln rams and one Leicester ram. They are pretty good sheep. I have never sold any sheep to the accused, nor have I sold a sheep or a lamb off the place this year. The accused or no one else had my authority to alter my ear-marks. On the afternoon of the Bth March Eli Wells and Harry Ruffell came round and took seventeen lambs that McNab had ear-marked with their earmarks, with their own punch. Word had previously been sent them. I value the lanib3 stolen at from 12s to lis each. By Mr McNab: I took Daniel Wells' ear-punching machine to Wellington. I took it for the purpose of getting a new spring in. Before I took it away McNab told me he marked certain lambs; ho did not say how many. When I got the machine back, repaired, from Wellington, it was never used, to my knowledge. When I mustered in October, for cutting and tailing, I gave no notice to my neighbours. After that muster I found a ewe and a lamb which, I believe, belonged to Wells. My Manager earmarked the lamb with my mark," m$

I was present. I did not seo the ewe till the lamb, was marked. I gave it up to him at once. I did not borrow Wells' punch. I did not, at that time, know it was at my place. McNab told me that ho borrowed the punch to mark some sheep for Wells. I admit that I had the accused's lambs on my place. I admit nothing. On the 16th October, I delivered to the defendants a ewe and a lamb. The ewo bore an ear-mark. I admit that in October, 1906, I ear-marked a lamb which I I gave, with a ewe, to the defendants. My Manager, with my knowledge, gave -delivery of seventeen lambs to defendants. I saw the lambs, They bore Wells' ear-mark. Mr McNab hero asked witness if he was responsible for this action, and his Worship told him to refuse to answer. William McNab, Manager for Captain Cracroft, deposed: I have been Manager since the 14th October, 1906. Have had about 16 years' experience with.sheep, on and off. There was a muster for tailing on 15'Ji October. All the sheep were brought in—a few broke back. All lambs which came in were ear-marked. Hunted up six stragglers next day, and oar-marked them. I found one strange sheep (a ewe) amongst them. The mark on the stranger ewo was complicated, and I could not recognise it, being a stranger on the country. That owe was given to George and Eli Wells, who, m the 16th, came looking for cattle. Captain Cracroft told them about it, and it was handed over to them. 1 ear-marked the strayer in mistake, and handed it over to G. and E Wells. They took it away in a launch. Sheep can get from one property to another at low-tide and higher up in the bush. On 12th November, 1906, found 23 of Wells' ewes and lambs on Captain Cracroffc's property. I drafted them and informed Eli Wells of the fact the same day. On the 29th January they came round and received seven, so my cadet informed mo. On the 12tb November, 1906, Eli Wells told me to, keep the sheep there. He said : "You have good feed here, M'ic, they'll make good freezers," and he gave me his punch and asked me to ear-mark them. I did so on the 13th November, and turned them out with their mothers, borne of Walter Seymour's straggers often come across, and are handed back again. Captain Cracroft's breed was a Lincoln-Leicester, and Wells' a Lincoln-Leicester-Romuey, a far bigger sheep than the Capfcam't*. An experienced shepherd could tell tho difference between tho two classes of sheep without ear-marks. I could do so myself. On the 7th March I received noiico from Wills re shipping of sheep at 3 p.m. We (Captain Cracroft, Geo. Herring, and 1) got there at about 2.30 p.m. The Alexander was lying out in the bay. Tho Wells' had got tho sheep in and Started to draft. As they were going into tho "lead-in " 1 caught a lamb and said: "Here's one of ours" to the Captain; I picked it out easily, without examining it—" wool to the toss "—without seeing the ear-mark. I got hold of it and showed it to Captain Cracroft and Eli Wells. It had their mark and ours on it. Eli Wells said it was a mistake. I found our ear-mark mutilated, and that caused the remark. I also found a wother with ears mutilated—two back-notches on tho left oar, a tip off the right, and a fork in the left. The alteration resembled both Cracroft's and Wells'. The wether was amongst those offered for sale to Mr Wilkinson, and was in the yards. I found six moro owe and wether lambs in tho yard, after that, at very short intervals. Picked them out from their goneral appearance Examined tho oars and found them also mutilated. I spoke to Eli Wells about them, and said : " This bloody gamo won't do!" Wells said: "I. am ignorant of the law." Gabriel Wells was not prosonfc at the time. I took possession of tho sovon, and waited lor another draft of sheep. When tho next lot came in I took tho drafting gate and ran off ton of ours from thoir general appoaranco coming up the raco, and by thoir ear-marks. I left them in the yard. 1 spoke to Eli Wells, and said: "Can 1 leavo them in your shed to-night." Ho replied that I could. Nino wero mutilated, one was unaltered. I spoke to Eli Wells about the alteration of the marks. Ho said: " I have mado a mistako, Mac." KuffVll, I think, was with him. Eli fixed up tho shed for mo, and put tho sheop in a separate pen. Before finding tho ten sheep referred to, I found two lambs ready to go to shipment. 1 identified thorn by their appearance. Tho ear-marks of botft wore mutilated. I told Eh Wells I would inform the Stock Inspector of the occurrence. I have always found the Wells' lino fellows; have had no grievance with them, and don't think they have any with mo. Tho shipping ot tho sheep began Bhortly after I arrived; if I had arrived at 3 o'clock tho shipping might have been over. Asked if he thought thoy stole tho sheep, he said: "No." By Mr McNab: Since October, 190 G, I did not drivo any owes or lambs round to Wells' place. If my cadet, Herring, said I did he would ba perjuring himself. If Wells said so I would contradict him. Had no illfeeling against the Wells' at all. I can swear that Captain Cracroft's mark was put on first by the feel of the ear. I put the punch in the

whare. One of tho shoarors (George Hamilton) broke the centre-spring. The punch was in my possession from 12th November, 1906, to Bth March of this year. To Sergeant-Major Mason: The lamb I marked was a " long-taih r." Tho punch was in my posse; on from 12th November, 1906, to B.h of March of this year. To Sergeant-Major Mason: Tho lamb I marked was a " long tailer." Harry Ruffell deposed: I have been in the employ of Eli Wells for about two months. The brothers are not in partnerships with the sheep. On 7th hist. I was helping to draft sheep to the yards, for shipment. Tho paddocks are not all secure. The sheep that we mustered were assumed to-be Wells' sheep. Saw McNab pick two or three of the sheep out. Captain C acroft was in his launch. Others had already been picked out by McNab. While the shipping was going on Eli Wells came to me in the paddock and said : " I know I was in tho wrong." By Mr McNab: Understood Wells to mean that he had broken the Sheep Act, and not an admission that he had stolen tho sheep.

John Arthur Wilkinson, representing Bisley Brothers' stock department, Nelson, deposed :. I kno;v the Wells', of Four Fathom Bay. Have had sheep transactions with them for the past three seasons, the last transaction being on the 7th March. On the latter occasion I dealt with Eli Wells. 1 bought 516 sheep and lambs from him. Drought the Alexander on the 7th March to ship tho sheep. Was in the yards, with a number of others, and saw McNab pick certain sheep out as Captain Cracroft's property. He picked three of the sheep from those drafted, of which I had taken delivery. Eli Wells was in the yard. There was a lot said—rather too much, I think, on Mr McNab's side. Wells said, nothing, but allowed the sheep to be taken back, and I deducted them from my tally. Later on McNab took four others out of the pens bought by me. Heard McNab say that the sheep had Captain Cracroft's ear-mark, and also Wells'. McNab used very strong language, and I asked him to moderate it.

By Mr McNab : Have had thirty-five years' experience as a sheep-buyer, and have been 10 years with Bisley Brothers. It would be possible in some eases to say which ear-mark was put on first. I examined the sheep to-day, and can tell which tar-mark was put on first. I should say Captain Cracroft's brand was on first. It is quite apparent in this case. A ewe will not allow a strange lamb to suckle her. If it be proved that the particular lambs were suckled by Wells' ewes, I should say thoy were Wells' lambs, irrespective of ear-mark.

John Moore, Stock Inspector, deposed: On the llfch instant Constable Gordon and I proceeded to Yncyca Bay. Were met by Captain Cracroft. Asked to see the sheep in dispute, and seventeen lambs were put into the shed. Examined each ear very carefully, and gave out the marks to Constable Gordon, who noted them down in his note-book. Found everything very wrong. Every sheep bore Captain Cracroft's ear-mark, and also Wells Brothers' ear-mark. Seven of the ewe lambs examined bore Captain Cracroft's registered ear-mark, with the addition of a tip taken from the off ear, and two back bits from tbe near ear. Four ewe lambs bore Cracroft's three front bits from the off ear and a tip from the off ear; the near ear had two back bits and every appearance of a tip being substituted for a swallow - fork. Two wether lambs showing on the near ear three front bits, two back bits, a swallowfork, and a tip substituted for a swallow-fork 01 the off ear. One wether lamb had on near ear three front bits, and a tip substituted for a swallow-fork and on the off ear a tip. Constable GOl don gave evidence as to arresting accused, and said that when the -warrant was read to Gabjiel George Wells he said he assisted his brother to put tho car-marks on the sheep.

This closed the caso for the prosecution, and Mr McNab said that as he had a number of witnesses it would bo impossible to finish the case that night, and ho asked for a remand. This was granted, and tho Court adjourned until Thursday, bail being allowed in one surety of i'so.