SUPREME COURT.

Taranaki Daily News, Volume LVII, Issue 201, 3 February 1915, Page 8

SUPREME COURT.

NEW PLYMOUTH SESSIONS. Tuesday, February 2, 1015. (Before His Honor Mr. Justice 1 Edwards.) i. The Supreme Court sessions for the , (Taranaki Judicial District opened at ; New Plymouth yesterday morning. THE GRAND JURY. The Grand Jury was empanelled as follows: —Arthur Ambury, Walter Howley, Allan S. Brooker, Henry U. Cattle-, Jl Cocker, E. Dingle, R. 0. Ellis. 0. X. Firth, J. W. Hayden, L. E. Hoil'mann, William Jenkinson, H. T. Joll, Harper B. Lcpper, N. K. MeDiarmid, Frank, .Messenger, D. K. Morrison, J. Paton, E. S. A. Curson, Reuben Peppercll, Frank • Plumtree, William G. Reid, R. W. I). ' Robertson, A. K. Smart. Mr. McDiarmid was chosen foreman. i HIS HONOR'S CHARGE. i j His Honor's charge to the Grand Jury .was brief, neither case calling for any i direction from him. j NO BILL. i I No bill was returned in the ease of ■ Ernest .Albert Burton, charged with [ manslaughter.

TRUE BILL. ! A true bill was returned in the case against Reginald Gervase Hamerton, on three charges of sheep-stealing. CHARGE OP SHEEP-STEALINC. Reginald Gervase Hamerton, a young man, was charged with sheep-stealing, the counts being as follow:—(1) On some date prior to September 14th, 15)14, theft of one sheep, the property of Joseph Young; and about the same date the attempted theft of one slieap, the property of Joseph Young; (2) about 25th September, 1!)14. theft of one ewe, the property of Henry B. WorthJington; and (3) between Ist April and

|''9th October, 1!>14, theft of four owes land threo lambs, the property of Wil--1 liam Ward The following jury was sworn:—(Albert H. Goodacre, E. M. Corney, Percy Lealand, Alfred Tercy Marsh, Isaac Longstalf, Charles Kvans, Lewis C. Earp, Tom Smart, Victor C. Davies, Ernest W. Edgecumbe, George E. Blackburn, ' Lionel Norman Johnston, Edward h. • .Mason, Samuel, Ollivcr. Mr. Smart was ' chosen foreman. ' The Crown Prosecutor, Mr. C. H. Weston, briefly outlined the case for the r prosecution, pointing out that the three farmers mentioned and the pri- ; soner were neighbors. He detailed the ! finding of the lost sheep in accused's possession, and the alteration of the carmarks, and stressed that the man -who altered the ear-marks must have done so with criminal intent, and that the accused's explanations strongly gug- ' gested 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 Beere, inspector of stock and registrar of brands in the Stratford district, who identified the various ear- , marks 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. Death, of Ngacre. . The brand used by Hamerton was, in a measure, duplicated by Robert Willis, of Kohuratahi. C. Watchorn's Punivrhakau mark was the same as Ward's, except that the ears were reversed for sexes. ' Ear-marks were liable to be duplicated

in the two other branding districts in Taranaki, and, besides, largo numbers of sheep came into Taranaki from other districts. In recent years the importations from Hawke's Bay had been considerable. Had the accused put his earmark (like the bowl of a wineglass) correctly into Ward's sheep, he would have destroyed Ward's ear-mark (a V-shaped cut). He had seen the sheep alleged to have been stolen from Young. The mark made on the ear of that sheep bore i close resemblance to Hamerton's renp'stered mark, but it had not been cut with the machine. To Mr. Weston: (The lawful owner of

stock was entitled to obliterate the ear-ark 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 dagging. He saw some of accused's sheep amongst his own. Hamerton called out, and, finding that his sheep were there, asked for them to be left in the yards, bo witness drafted out about six into a pen. One that ho had thought to be Hamerton's, however, got in amongst his (Young's) sheep. He caught it. and I discovered his own ear-mark on it. It was a "wether, so his mark would be 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 in the left ear. 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 bore a red raddle mark on the right side He remembered that at shearing-time (about twelve months ago) he had. left this lamb to run with his tail on. On Gtli October accused, his brother, and Coiir stable McCowan cs.mc to witness* yards. There were two sheep in the pen. Accused promptly claimed one, but, in respect of the wether just described, he said that as it had been quite freshly ear-marked, he would not claim it, adding that he had not ear-marked any sheep for about three months. Witness asked if accused knew whose the sheep was, and he answered that he could not say. but had it come in with his own at next shearing, with its ear healed, lie

would lmvi! claimed it. Accused denied the suggestion that his brother might have ear-marked it. He also stated that this animal was one of a number of old ewes he had brought from Whangamo..mona. On the same day ho 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 bore 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

I this haying apparently been done at the C l, same time. Worthington's mark was i old, but all the other marks were new. I When the alteration in Worthington's |. murk healed it would have been very "',difficult for anyone else but accused to l'Jiave claimed the. sheep. Witness, continuing, said he had seen the ewes and ,! lambs alleged to have been stolen from ..Ward, a neighbor. One ewe had Ward's I ear-mark, a back and front notch on ; the right ear. a notch on the bottom j side of the left ear, and the accused's j mark on the top side of the left ear. j In the other three ewes the accused's J (mark seemed to have been put over one I J of Ward's notches on the right ear. Thus the sheep, all ewes, bore accused's mark for both males and females, x/o' his mind, Ward's ear-mark had clear''

been altered, but not sufficiently to ■ .obliterate it. The three lambs bore only ' accused's ear-mark. j , To Mr. Silence: Hamerton's mark j could bo applied so as to obliterate i Ward's. He did not ask llamrrton fur an explanation before bringing the- i police out, but on the evening of the I constable's arrival he told accused that'■ there were a ujraple of sheep in (His) ■ I.witness' yards. Accused's brother (a j stranger to witness, and not a farmer) j came, next morning. One sheep broke ' away. While the constable waited on the road lie and the brother drove the 1 one sheep to Hamerton's, to give him ' an opportunity to claim it. He did not i claim it. I (Experiments on cardboard with the j car-marking machine wore conducted, \ .with varying results, and the witness i explained that a card and the flexible j car of a sheep were rather different j things.) After the sheep had been identified by the three sheen-owning witnesses in the presence of the jury, and the ear-; marks explained, the Court adjourned i till this morning. '<

TIMARU SESSIONS. | ' lie Telegiarh.—Per Press Association, ' Timar.i, Yesterday. | ' lAt the Supreme. Court J. B. 0. Birch j i [(17) pleaded guilty to the attempted t [murder of -lames O'Connoll, a farmer, j , Sentence was deferred. j Timaru. Last Night, i At the Supreme Court to-dav Camp-j Iv'.i IVun.-!'. a youth of Ifi or 17 years,! pleaded, yi'.i'tv to th" attempted murder of his en;' 1 over, J. O'Conncll, at Clantle-j boye, on November 7. Counsel who | ! appeared for him explained that accused! i 11nil a hid fall when five years old, audi this may have, aA'oetal his head. Hot was not insane, but was not right at times. Sentence was deferred till next! day, also sentences on the same lad on I ! several charges of forgery of his em- j ;, ployer's name to cheques after the muv-. it dermis assnujt. I ;, M. O'Brien was sentenced to three; f months' for indecent assault on a young' e girl; Bonis O'lTourke, to four months! e for assail'-, and causing bodily harm to j t 10. Ward. (he ! ; "e>isee of tile Club Hotel.' e A. Nichdh; j.lraue.d not guilty to break-1 !_ iar; ar.d u'.tcrin"; "'-■ Morvcn. i

(1 !3 AUCKLAND SESSIONS. Auckland, Last Night. 1- At tile Supreme Court to-day "VValtci y Gray, fo- picking '.pockets, was sonic fenced to one year's imprisonment and :), two years' reformative treatment, and , ;t John". Taupoke, alias 'Walter, for forn, gery arid false pretences, to two years' I j. imhprisonment. Martin Godstad, who j ls was charged with gouging out the eye j of a Swedish sailor whom he found in ] 3 . "liis house with his wife, was found not,! lc guilty. I