MAGISTERIAL.

South Canterbury Times, Issue 2181, 15 March 1880, Page 3

MAGISTERIAL.

TIMAE.TJ—THIS DAY. (Before His Worship the Mayor and B. Woolloombe Esq. J.P.) DRUNKENNESS AND OBSTRUCTING A RAILWAY OFFICIAL. Stephen Hamilton was charged with these offences. Fined 5s for the first, and £2 for the second charge. A charge of obstructing the police was dismissed. AN ABSCONDER. Arnold Mitten, charged with absconding from his bail to appear at the late sittings of the Supremo Court, at Dunedin, at which he was to have been charged with three cases of embezzlement, was remanded to Dunedin. ALLEGED LARCENY OF SHEEP. George Orr was charged on remand with the larceny of 803 sheep, the property of James McLcish, of Timaru. Mr Perry, and with him Mr Hislop (of OamaruJ, appeared on behalf of the accused; Mr Hamersley appeared to prosecute, Mr Hamersley, in opening the case, remarked that its main facts were very simple. Mr M'Leish had put the sheep to be kept and shorn at the Washdyke, and while they were there the sheep were removed. On being traced they were found in the possession of accused and several men. The defence would be that Orr had right a right to the sheep, but if he had a right he had a legal means of enforcing that right, but he could not act in the way he had without his conduct being questioned.

James McLcish, stock - dealer, was then examined, and stated that he was the owner of 1500 sheep, which he purchased on Fob. 25 last. He produced the receipt signed by Messrs Meek and John Scott. Ho took delivery of the sheep from John Scott, and removed them to the Washdyke. On the evening of March 9 following, the sheep were in the paddock then, hut next morning were gone. Next saw about 800 of the sheep in a paddock at Saltwater Creek ; they were in the possession of Mr Orr, and 16 or 18 men were assisting him with them. Thereupon reported the matter to the police, and laid the information.

By Mr Hislop—Have been a cattledealer for some time, but have not always found it a paying speculation. Passed through the bankruptcy court some time since and recently obtained my discharge. Could not say how much the estate paid in the £, or whether it had paid anything. Have known Scott for about two years, slightly. Met Scott in Timaru. Two days were passed in negotiating for the sale of the sheep. Knew Scott had been arrested for attempting to sell three horses on one occasion ; also that he had been brought up at this Court and had been discharged. Met him here in Timaru on Monday, this day three weeks. He asked witness if he would buy some sheep at Hakaturamea, near WaimateP I said “ Yes,” aud went that afternoon to Waimate, and the folowing morning to Ilakateramea to see the sheep. Scott, mustered the sheep which we afterwards counted ; there were 101 l and 2(3 were given in Id witness extra. Paid 4s and os apiece for the sheep Remembered Scott saying he would have to go to Oamarti and that Stewart Doig and another person were going with him. Witness had been talking with Scott nearly all the previous evening in Waimatc about the firm of Meek and Scott. Scott told witness that lie had sold some horses, aud lie (witness) supposed that they belonged to the firm of Scott and Meek, but did not know. Scott did not tell witness that Meek objected to the sale of the horses before the sale of the sheep, but he bad since, although witness could not say when or where, Witness did not think he had heard the subject of Meek and Scott’s disagreement referred to on the occasion of his last vist to Waimate. Witness remembered seeing some a,cres of turnips on Meek and Scott’s farm at Hakateramca. Supposed they were for winter feed. Understood that 1500 sheep comprised the whole stock. Did not know the reason why Scott was selling the sheep, and never inquired. He told witness afterwards there was a grievance between him and Meek. Scott did not, on any occasion, tell witness that he believed Meek would object to the sale of the sheep. There was no reason for witness hurrying down with the sheep; the journey took about ten days. The Harateramea Gorge was the shortest way, but out of the question, being so precipitous. The sheep purchased by witness comprised 884 sheep, 601 lambs, and 26 extra sheep were given into the bargain, making a total of 1511 received. Gave Scott a bill for the sheep at Waimate. Both the receipt and the bill were written at Waimate. Heard (hat Orr and Pc id were going to take away the sheep from me the night before they were taken. Witness’ own man Bull told me that Orr and Peid wanted him (Bull) to assist in removing the sheep, and offered him 25s a day if he would do so. Gave up everything when I went through the Court. By Mr Hamersley—Have been for 10 dr 11 years a dealer in stock. As a rule, stock are purchased by bill in this country. Witness thought he gave fair market value for the sheep. By the Bench —Witness was perfectly satisfied that nobody was being defrauded. John Macbeth, hotel keeper at the Washdyke, gave corroborative evidence as to the removal of the sheep. John Norton stated that he was in the employment ot McLcish. Pemembered the sheep being in the paddock, and kept the keys himself. The sheep were gone bn the following morning, and the gates broken off the hinges. Saw the tracks of the sheep along the road. William Strebbing and John Nesbitt proved the disappearance of the sheep, and their discovery with the accused near Saltwater Creek. (Left Sitting.)