SUPREME COURT.

Taranaki Daily News, Volume LVII, Issue 204, 5 February 1915, Page 3

SUPREME COURT.

NEW PLYMOUTH SESSIONS. THURSDAY, FEBRUARY 4. Before His Honor, Mr Justoce Edwards. I ALLEGED SHEEP-STEALING. J The criminal sessions of the Supreme Court were concluded yesterday before His Honor, Mr Justice Edwards, when tlie case 'was resumed which had been adjourned from the previous day, in which Reginald Gervase Hamerton was > charged with sheep-stealing, the counts being as follows: (1) On some date prior to September 14th, 1914, 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 Scptem- I ber, 1914, the theft of one ewe, the pro- ', perty of Henry B. Worthington, and (3) between April Ist and October 9th, WW, theft of four ewes and three lambs, tho property of William Ward. Frank P. P. Besley, sheep farmer and stock buyer, residing at Whenuakura, who had been accustomed to sheep all hig life, and had been a stock buyer for Mr Newton King and the Wanganui jFrcezijng Company, deposed that he had twice inspected the sheep held by the police, in connection with this case, on November 17th and January 31st. He carefully examined the ear-marks of the sheep claimed to be Young's. He had also seen Hamerton's ear-mark, but the mark in the sheep Young claimed was not Hamerton's. It would bo impossible to put Hamerton's mark on without the stem. He had also inspected accused's flock, but saw no such mark on any of them. He had also seen the sheep alleged to be Worthington's. The V on the bottom of the ear showed no signs of having been mutilated. Regarding tho sheep alleged to be Mr Ward's, one sheep had uniform car and age marks, but what was supposed to be the ago mark on the others was much smaller than the other marks. Three of the sheep had Hamerton's mark on complete, and in only one »ase had the sheep Ward's top mark on. He knew Young's ear-mark. It was precisely the same as witness' own ear-' mark. There was not enough of Young's mark left on the sheep for him to identify it. To Mr Weston: /When he examined the sheep on November 17th. the marks all appeared to have been made at tho sanie tiii'o. AH wore healed up. He did not examine the tail. Regarding Worthington's sheep, he was of opinion that Hamerton's ear-mark was the more recent. He saw Hamerton's mark on the four sheep alleged to be Ward's. To Mr Spence: There would be no ditticulty in obliterating Ward's earmark with Hamerton's.

George C. Smith, of Stratford, stock agent, and formerly a farmer, had been accustomed to sheep all his life. At present he was agent for Mr Newton King. In March of last year, he bought 72 ewes for Mr Rogers from Mr Ward. They were a mixed lot from two-tooth up. He corroborated tlie evidence of the previous witness regarding earmarks of sheep in the hands of the police.

Geo. Samuel Hobbs, of Inglewood, farmer and stock dealer, also gave corroborative evidence.

To Mr Weston-. When he first saw »hc sheep claimed by Young, the ear-marks had practically healed. They might have been put in three months previously. The jury and the four prmcipal wit nesses for the defence went and viewed the sheep, where the various earmarks were submitted to examination,

On returning to Court, Mr Spence addressed the jury, reviewing the evidence at length. He pointed out that the evidence for the Crown was all circumstantial, and might, at the most, be suspicious. The accused's conduct throughout had been thoroughly consistent with his innocence, and his story bad Been corroborated by independent witnesses.

After the Crown Prosecutor had addressed the court at some length, His HonoT summed up briefly. He felt] quite sure that Young and Worth-j ington were honest men, who would in] no way attempt to conspire against ac-j cused." From evidence submitted there was a reasonable probability that prisoner was guilty, but it was' for the jury to decide. -. After a - retirement of about 18 J minutes, the jury returned with a verdict of "not guilty" and prisoner was discharged. CIVIL BUSINESS. 'APPEALS. Bellingham and Son (Mr A. n. Johnstone), v. William Bly (Mr R. Spence). An appeal on fact ana law from a judgment of Mr Kendrick, S.M., at Eltham, whereby defendant recovered the sum of £IOO for commission on the sale of respondent's property. After hearing lengthy argument by uounsel, His Honor reserved judgment. Joseph Speight v. Herbert P. 11. Graves. The defendant appealed on fact and law from a decision of the Magistrate at Straford, whereby respondent recovered from appellant the sum of £75 by way of commission on an exchange of property. The case for appellant was that Graves had undertaken to finance Speight, and the commission included a procuration fee for obtaining a loan as well as commission for the exchange of the property. The loan, bow ever, had never been negotiated by Graves, and thus he had failed to establish a claim for the full amount of commission.

His Honor held that in any case the vendor could claim commission only on the amount of the equity of tlie property. In this case there was a mortgage on the property amounting to £I2OO. yet Graves had claimed commission on the full value of the property, nis Honor reduced the amount from £75 to £SO 10s, this being made up by a commission of 21 per cent. o„ the equit.v of tlie property ( £202(1). Costs amountig to £5 5s were allowed against respondent. WELLINGTON STSSfONS. By Telegraph--Per Press Association. Wellington, February 1. In the Supreme Court, Allan George Smith was found guilty of receiving stolen property, and having corruptly taken a reward of £l7 from Edward linn oiiih for the recovery of a watch and chain stolen from the bitter. Smith was sentenced to three rears' imprisonment. Alex. Mitchell was sentenced to six months' imprisonment for having stolen sevcu oxen, valued at £sll 10s.