SUPREME COURT.

Stratford Evening Post, Volume XXV, Issue 28, 3 February 1915, Page 2

SUPREME COURT.

NEW PLYMOUTH SESSIONS. Per Press (Association. Tuesday. February 2, 1915. (Before His Honor Mr Justice Kd wards.) 1 lie Supreme Court sessions- for the Taranaki Judicial District opened at Xew Plymouth yesterday morning. ? No bill was returned in the case of Ernest Albert Burton, charged with manslaughter. CHARGE OF SHEEP-STEALING. Reginald (Jervose Hamerton, a young man, was charged with sheepstcaling, and counts being as follow: (1) On some date prior to September 14th, 191-1, theft of one sheep, the property of Joseph Young; and about the same date the attempted theft of one sheep, the property of Joseph Young; (2) about 2oth September, 1914, theft of one ewe, the property of Henry B. Worthington; and (3) between Ist April and 9th Octobei, 1914, theft of four ewes and three lambs, the property of William Ward.

The following jury was sworn:— Albert H. Goodacre, E-. M. Corner, Percy Lealand, Alfred Percy Marsh, Isaac Longstaff, Charles Evans, Lewis C. Karp, Tom Smart, Victor C. Davies, Ernest W. Edgecumhe, George E. Blackburn, Lionel Xorman Johnston, Edward L. Mason, Samuel Qlliver. Air Smart was chosen foreman. i

The Crown Prosecutor, Mr C. H. Weston, briefly outlined the ease for the prosecution, pointing out that the three farmers mentioned and the prisoner wore neighbors. He detailed the finding of the lost sheep in accused’s possession, and the alteration of the earmarks, and stressed the point that the man who altered the earmark!? must have done so with criminal intent, and that the accused’s explanations strongly suggested shuffling, at least. The case was based on circumstantial evidence, for there was no one to come forward to say that he had seen the sheep stolen, but there was a chain of suspicious circumstances which the accused must satisfactorily explain. The first witness called was Philip Henry Beore, inspector of stock and registrar of brands in tho Stratford district, who identified the various earmarks registered and used by the parties concerned. To Mr Spence: The mark used by Worthington was duplicated in the Stratford branding district, and was now being used by S. Heath, of Ngaere. The brand used by Hamerton was, in a measure, duplicated by Robert Willis, of Koburatahi. C. Watchom’s Puniwhakau mark was the same as Ward’s, except that the ears were reversed for sexes. ’ Earmarks weio liable to be duplicated in the two other branding districts in Taranaki, and, besides, large numbers of sheep came into Taranaki from other districts. In recent years the importations from Hawke’s Bay had been con. siderable. Had the accused put his earmark (like the bowl of a wineglass) correctly into Ward’s sheep, lie would have destroyed Ward’s earmark (a V-shaped cut). He had seen t'na sheep alleged to have been stolen from Young. The mark made on the ear of that sheep bore a close resemblance to Hamerton’s registered mark, but it bad not been cut with the machine.

To Mr Weston: The lawful owner of stock was entitled to obliterate the earmark on any stock he might have purchased. This was his reading of section 74 of the Stock Act, 1908. ( Joseph Young, farmer, at Puniwhakau, gave evidence of having, on 3rd October last, mustered his sheep for (lagging. He saw some of accused’s sheep amongst his own. Hamerton called out, and, finding that his sheep were there, asked for them to he left in the yards, so witness drafted out about six into a pen. One that he had thought to he Hamerton’s, however, got in amongst his (Young’s) sheep. Ho caught it, and discovered his own ear-mark on it. It was a. wether, so his mark would he on the bottom of- the right ear. 'A good portion of the right ear had been cut off, and a large V put on the top side of the ear. This had been done quite recently, probably within a week. A little nick had also been cut rn the left oar. He detained the sheep, and informed the police. The sheep had also had his tail cut off, but not quite so recently. This wether also boro a red raddle mark on the right side. He remembered that at shear-ing-time (about twelve mouths ago) ho had left this lamb to run with his tail on. On 6th October accused, his brother, and Constable McGowan came to witness’ yards. There wore two sheep in the pen. Accused promptly claimed one, hut, in respect of the wether just described, he said that as it had been quite freshly earmarked, lie would not claim it, adding that ho had not ear-marked any sheep for about three months. Witness asked if accused knew whose the sheep was, and he answered that ho could not say, but had it come in with, his own at next shearing, with its oar healed, he would have claimed it. Accused denied the suggestion 1 that this In-other might have earmarked it. He also stated that this animal was one of a number of old ewes he had brought from Whangamomona. ,On the same day he went with accused, the latter’s two brothers, and the constable to accused’s yards, and there saw the ewe that was claimed by Worthington. The ewe Imre accused’s ear-marks, two little

notches out of the tip of each ear, a notch on the front side of the left ear, close to accused’s mark, and a fresh cut made in Worthington's mark, altering its character, all this having apparently been done at the same time. Worthington’s mark was old, but all the other marks were new. When the alteration in Worthington’s mark healed, it would have been very difficult for anyone else but accused to have claimed the sheep. Witness, continuing, said he had seen the ewes and lambs alleged to have been stolen from Ward, a neighbor. Oiie ewe had Ward’s ear-mark, a back and front notch on the light ear, a notch on the bottom side of the left ear, and the accused’s mark on the top side of the left car. In the other three ewes the accused’s mark seemed to have been put over one of Ward’s notches on the right ear. Thus the sheep, all ewes, bore accused’s mark for both males and females. To his mind, Ward’s ear-mark had clearly been altered, but not sufficiently to obliterate it. The three lambs bore only accused’s ear-mark. TV Mr Spence: Hamerton’s mark could be applied so as to obliterate Ward’s. He did not ask Hamertoii for an explanation before bringing the police out, but on the evening of the constable’s arrival he told accused that there were a couple of sheep in (his) witness r yards. Accused’s brother (a stranger to witness, and not a farmer) came next morning. One sheep broke away. While the constable waited on the road he and the brother drove the one sheep to Hamerton’s, to give him an opportunity to claim it. He did not claim it. (Experiments on cardboard with the ear-marking machine were conducted, with varying results, and the witness explained that a card and the llexibile oar of a sheep were rather different things.) After the sheep had been identified by the three sheep-owning witnesses in’ the presence of the jury, and Hie ear-marks explained, the Court adjourned till this morning.

TIMARU SESSIONS. Timaru, February 2. At the Supreme Court to-day Campbell Burch, a youth of 1(5 or 17 years, pleaded guilty to the attempted murder of his employer, J. O’Coimell, at Clandeboye, on November 7th. Counsel who appeared for him explained that accused had a bad fall when live years old, and this may have affected his head. He was not insane, but was not right at times. Sentence was deferred till next day, also sentences on the same lad on several charges of forgery of his employer’s name to cheques after the murderous assault. M. O’Brien was sentenced to three mouths’ for indecent assault ,on a young girl; Denis O’Rourke, to .four months for assault and causing bodily harm to E. Ward, the licensee of the Club Hotel. A. Xicholls pleaded not guilty to breaking and entering at Morven.

AUCKLAND SESSIONS. Auckland, February 2. At the Supreme Court to-day Walter Gray, for picking pockets, was sentenced to one year’s imprisonment and two years’ reformative treatment, and John Taupoke, alias Walter, for forgery and false pretences, to two years’ imprisonment. Martin Godstad, who was charged with gouging out the eye of a Swedish sailor whom lie found in his house with his wife, wsa found not guilty.