SIGNED A CONFESSION

Sun (Auckland), Volume II, Issue 593, 20 February 1929, Page 16

SIGNED A CONFESSION

FARMER AND NEIGHBOUR’S SHEEP NOT GUILTY OF THEFT Press Association INVERCARGILL, To-day. In the Supreme Court yesterday, before Mr. Justice MacGregor, Charles Edward Colder, a farmer, of Dipton, was found not guilty of the theft of 55 sheep, valued at £lOl. In his charge to the Grand Jury, his Honour explained that the property adjoining that of Calder was owned by A. Gerrard and Sons, and in July of last year, the Gerrards missed some of their ewes. These ewes were finally found some time later on Calder’s place, and their brands had been obliterated and some of the earmarks altered to correspond with Calder’s earmarks. In October of last year Gerrard spoke to Calder about the sheep on Calder’s property, and Calder admitted that they were Gerrard’s ewes, and handed them over. One of the Gerrards drew up a confession, and this was signed by Calder before a justice of the peace. There was a clause in the confession in which Calder agreed to sell his property and leave the district, and when he did not do this the confession was handed to the police, and Calder was charged with the theft. After a short retirement the Grand Jury returned a true bill. Considerable evidence was given for the prosecution, but none was given for the defence. On behalf of accused. Mr. Gordon Reed said Colin Gerrard obtained the confession from Calder. arid about a week later Gerrard’s uncle offered to buy Calder’s farm. Calder sold it to someone else, and then the confession was handed to the police. Counsel contended that the jury could not be satisfied that the sheep belonge to Gerrard. Calder did not appear to have acted like a criminal. He had earmarked the lambs while Gerrard was standing by, because he had nothing to hide. Calder also occasionally referred to the missing sheep, and offered to muster his sheep to see if any of Gerrard’s were there. When the sheep were identified Calder did his best to restore any sheep not belonging to him. Counsel argued that the confession was not worth the paper it was written on, because it was obtained under compulsion. The jury considered the case for two and a-half hours, and returned a verdict of not guilty.