ALLEGED SHEEPSTEALING.

Taranaki Daily News, Volume LII, Issue 16, 12 February 1909, Page 4

ALLEGED SHEEPSTEALING.

. THE BALFOUR ESTATE CASE. . ACCUSED COMMITTED FOR TRIAL. Palinci'aton .North, Tuesday. A case of interest to farmers and stock companies was heard to-day in the Magistrate's Court, wllon Herbert Jlergstroni, a married man, was charged with the theft at Pahiatua, in or about September, 11)08, of 120 sheep, the properly of the Right Hon. Arthur James Balfour, the well-known British statesman and present leader of the British Con-' servative Opposition party. Sub-lnspcs-, tor O'Douovan prosecuted, and the accused was defended by Mr. Cooper.

Evidence was given by Aunesley Loflus He Renzi fehekleton, manager of Balfour Estate, to the effect that in October last he had missed 120 fourtooth Roinncy-Lineoln cross wethers from a mob oi 000 on the estate. Witness went with Detective Quirke to the Wybourae Estate, at Wavcrloy, and identified 20 or 30 of a mob of sheep as Balfour Estate sheep. The accused had worked on the estate some two years ago for twelve mouths, and knew the place well.

Spencer Rodney, manager of the Balfour Estate during the absence of Mr. Shekleton in Australia, from the beginning of September to November, said he knew the Balfour Estate sheep well, as he had worked there for twenty years. About the middle of October he 'mustered the four-tooth wethers and found there were only DTI) instead of 1100. Witness accompanied Mr. Shekl"ton anil Detective Quirke to Wnvciicy on ath February, to the Wybourae Estate, and there drafted mil 20 four-tooth Roinney-Lincolu cross wethers from a mob of aoout 300 sheep. On those 20 wethers he found the Balfour earmark unaltered, and recognised them through their earmarks anil their quality as Balfour Estate sheep. Witness recognised the sheep in the police yard yesterday as a four-tooth wether having the Balfour sheep murk, two notches in one ear and tip oft" the other. It was of the same class as the wethers found at Wybourne. Witness knew Bergstroin whim lie was working for the Balfour Estate. He had never sold to accused ■ nor authorised him to take away any sheep from the estate, nor did he sell any to anyone from the middle of September to'3th October. John Vile, settler, residing at the foot of the Tararua Ranges, about half-way between Pahiatua and Palmerston, said it was about twenty months ago when be first saw accused. He saw accused about September last. The accused

came and wanted to buy a dog from witness, as he was going to Pahiatua to meet some sheep. A few days after ho returned with a mob of sheep and put them in witness's yard for about two hours. There were between 130 and 130, and they were four-tooth wethers. Accused said the sheep were very tired, and as he had no leading dog he didn't know how he was going to gel to the top of the hill. Witness lent him a leading dog, and they started up the hill. One wether refused to go, and accused left it in witness's paddock, accused saving witness could make mutton of it. About half a mile further on another wether knocked up, and accused put it into witness's paddock. On the way the witness remarked on the good quality of the wethers, and accused said he had bought them for 13s 3d from some settler on the other side of Pahiatua. Accused did not mention the settler's name. At shearing-time witness killed one of the wethers that was

left behind for mutton. The other wiis lianded over to Detective Quirke. The earmark on it was a tip of the left car anil two notches on the right. Edward Rayne Jackson, auctioneer. Wanganui, said on 30th September he got a telegram from Palmerston, signed U Johnson, which said,-'' Sending jshcep by train. Please take off trucks at Wanganui and sell them. Missed train myself.'' That was the first communication about the sheep. There were 110 four-tooth wethers, in good condition, and they wore sold that da.v to Mr. Wybourno.'of Waverlcy. for lis sd. Witness knew nothing about "C. Johnson,'' and had never seen him before. As far as witness knew. Johnson was not present at the sale, but a man purporting to be Johnson came to the saleyards at about 3.311 that day and asked if the sliccp were sold. Accused was the man who gave his name as Johnson. Next morning he called at the office, and, being suspicious, witness took accused into the room, and asked him where he got the sheep. Accused replied that lie bought them from a man named C. Loburn, near the Fitzhcrbcrt bridge, Palmerston North. Loburn was bringing

them to the Palmcrstou sale, and lie gave him £7O for them. The money was paid at the Commercial Hotel, and accused said ho had left the receipt at home, lie also said that he did not

know lioburn, but thought, that lie was a farmer living at FiUhcrhcrt. Witness refused to pay the cheque, as he did not know him, and advised him to go back to Palmcrstou and enquire from Messrs. Abraham and Williams who Lo-

burn was. Witness said he would write to Messrs. Abraham and Williams explaining the mutter, and if they were satisfied witness would pay the cheque. Accused could not give the name of any person from whom witness could get 1 reference. On otli October a telephone message was received from Messrs. Bell, dully, and Cooper stating that Johnson was at their ollice. and demanding the cheque. The message stated that Johnsou had a receipt with him from Loburn. Witness replied that he did not know who LolHirn was, and that Johnson might have written the receipt. Witness was still suspicious of the case, and would not pay out. On !Uh October a letter was received from Johnson demanding the money. Witness replied thai he was trying to find out what the earmarks were" On 12th October be got a letter from the lawyers threatening legal proceedings if the cheque were not sent immediately, and the cheque was

sent, l-'ni-ther evidence was given by Mauley Wvbourne, shcopfanner, who bought a liu'c of four-tooth wethers at Jackson's sale afterwards identified as Balfour sheep; also by Detective. Quirke. and Constable Tanner. Accused, who pleaded not guilty, was committed for trial to the Supreme Court.—-Dominion.