RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2137, 13 December 1890, Page 2

RESIDENT MAGISTRATE'S COURT.

Geralbine—Friday, Dec. 12, 1800. [Before C. A. Wray, Esq., R.M.] ALLEGED SHEEP-STEALING. John Campbell, a farmer in the Woodbury district, was charged upon the information of T P Wooding, of Fairfield, with stealing 90 sheep, of the value of £7O, on or about November 12th, 1890. Inspector Ihompson appeared to prosecute; Mr Hay appeared for accused, and Mr F Wilson Smith t© watch the case on behalf of Mr Wooding. The case was. partly heard on) Tuesday last. 1

Robert Kennington, sheep dealer at Winslow, near Ashburton, said: I purchased sheep in March last from Mr Staudish. There were about 500, all hoggets except 45. Sold them through Mr Thomas to Campbell. Campbell got 297 and Dalgety the rest. Small halfbreds chiefly were sold to Campbell and a few hoggets: Was present on Tuesday. Saw a number of sheep outside the Court that day. Some had an anchor brand and some red. Had a good knowledge of sheep. Had been a» shepherd all his life. Was certain the sheep he sold to Campbell could not develop into the sheep he saw outside the Court branded with the anchor brand. Thought the sheep with the anchor brand and the others outside the Court ' were all of one mob. Knew from Practical experience that the sheep he sold could not so develop because they were too small and stumpy. Besides they were three-quarterbred hoggets. To Mr Hay : Had the sheep sold to Campbell about four hours. Had seen them every day for about three weeks before buying them. The lot Dalgety bought were a cross between Shropshire Downs and halfbreds. Drafted them myself from the same lot as Campbell’s. Don’t think there were any Shropshireshire Downs or black-faced sheep in Campbell’s lot. Could say positively that there were not five at any rate. The majority had no earmark at all. Those that had earmarks had a variety. Have seen the earmark on the sheep outside the Court. Did not know a similar earmark anywhere in the Ashburton district, but could not swear to that. Don’t remember the earm'ark ®n the lots I sold to Campbell and Dalgety, The sheep were most 1 likely taken from 50 different mobs. The lambs varied very much in quality. ' If culled 100 of these lambs, and gave them the best of feed, did not think they would develop into such sheep. ' Feeding would make a deal of difference. My chief reason for thinking the sheep outside the court with the anchor brand are not the lambs I sold to Campbell is the difference in breed. The sheep outside the court are three- quarter-bred, and those I sold to Campbell were balf-breds. Did not think there were 50 tbree-quarter-breds in Campbell’s lot. There might have been. To Mr Thomson : Did not recollect seeing any earmark on the lambs he sold similar to that on the sheep outside the court. Alfred Ewen Cox, Stock and Gemmission Agent at Gera!dine, working with the Loan and Mercantile Company : Knew the accused. Recollected having a mob of sheep put into' his bands for sale by Cambell some time in October, (about 2800). They were crossbred hoggbts. Recollected going with Mr Guinness, manager for the N.Z.L. and M. Co., to the residence of . accussed. Guinness took delivery or 1534 sheep on behalf ef the estate for which they were bought. 1000 at 11 s, 500 at 10a, and 84 at @a. They were shorn and branded with an anchor on top of the rump. They were earmarked with various earmarks. Counted them and they were handed to Mr Guinness as manager of the Newlands estate. Were taken to Mr Postleth waite’s on the way toJSTewlands. Saw the accused next morning at Geraldine, He accompanied me to my awn house. There met Mr Guinness. Guinness said that Mr Wooding had called the previous evening after we had taken delivery, and asked leave to look through the sheep as he wished to see if there were any sheep of a certain earmark amongst them. I don’t remember what accused said in reply to Mr Guinness. It was arranged between the accused and 1 that we should meet the next morning at my house. He came next morning and said he was sorry he could not go with me as he wished to go to Timaru. 1 went down to Newlands and met Joseph Wooding, and O’Halloran, the overseer of the property, and Bain the shepherd. O’Halloran and Bain drafted the sheep. Did not see Wooding select any sheep. The sheep were drafted and in three yards. 1 looked in one pen and saw a small mob of sheep marked with a fore and aft notch. They were picked out and I directed O’Halloran to mark the small lot of sheep with a blue dot. Bain marked them- Those sheep are now outside the court, There are other sheep there the same class of sheep as the small mob.

To Mr Hay: Campbell was willing that Mr Wooding should have an opportunity of seeing the sheep drafted at Newlands. Could not fix the date of the actual sale of sheep from Campbell to Guinness, as I got a note from Guinness saying he had bought them. Considered the hoggets outside the court fair average hoggets. I consider there is a strain of down breed in the sheep outside the court. Michael O’Halloran, manager for the N.Z. Loan and Mercantile Co. at Newlands: Have had 35 or 36 years experience with sheep. Was at Howlands on 26tb Nov, Took delivery ot 1531 hoggets from a shepherd named Bain. I put them in the- yards, Woodiug picked out 66 sheep which he claimed as his. They were ear marked with snips, for wethers on the near ear and on the off ear for the ewes. These 66 resembled each other as a lot bred together, but were very mixed lot. Had a big dash of the Shropshire down in them. They show more of Shropshire than any other breed. The balance of the 1534 were not the same class of sheep. They

were different in that there were more halfbreds among them. Have seen them outside the court with the other sheep, and except in condition they resemble the sheep claimed by Wooding.

To Mr Hay : My experience is that lambs mismothered, <fcc., never grow to anything of sheep. Took notice of the sheep outside the Court. The 66 seem to show more of the Shropshire than the others. There is a dash of the Shropshire in the other 25 outside the Court not branded with the anchor brand. George Winter, farmer, Eangitata, sworn, said: Knew accused. Was shearing for him from the 6th to the 10th of last month. All the sheep were shrrn during that period with the exception of 70 and about 20 rams. Accused was present during most of the shearing. He sometimes picked the fleeces, yarded up, and branded. His brand was an anchor brand. He was in charge. There may have been stragglers, bat I did not see any or any picked out. To Mr Hay: The shorn sheep were put into the branding yard, and then into the second paddock from the house, Noticed a farmer’s place next to this paddock. Could not say if it was Wooding’s. Could not say how long they were in this paddock. May hare stopped a day or two. Alice Bose Wooding, sworn ,said

she, resided with her father at Woodbury. Sometimes went with her father when he went after the sheep. Toek particular notice of four of the sheep—a black one with a white spot on its right flank, one with a black leg, a lame ono, and a white one with a black spot down its shoulder. Witness described the earmark. The sheep I hare described are now outside the Court. They are now branded with an anchor brand. Am quite certain of them. Would know them without a brand or earmark. Knew them so well by seeing them about once every three-weeks since they were lambed till now. Missed them about a month ago. Next saw them last Tuesday. To Hr Hay: Noticed the mob was short because previously they would not go in the yards, whereas now they would. Knew a hogget from another sheep. Her father thought the sheep were short and drew her attention to it, AH the sheep were brought in from the paddock where the hoggets were. Did not know how many black sheep they had. If any of the others had got away would not have known them. The lame hogget was not now at heme, Thos. Perceval Wooding, jun., son of prosecutor, residing with his father at Woodbury: His brother Joseph and he counted their father’s sheep as they passed through the yards on 28th October. Pound 263 hoggets. They were chiefly three-quarter-bred Leicester, merino, and several Shropshires, mixed sexes, and earmarked (mark described) by his brother Joseph in witness’s presence- Commenced shearing on Nov. 17 and finished the hoggets on the 21st. Shore 173 and could find no more. Searched, and found 90 missing. Saw accused afterwards driving a mcb of sheep past our place towards the Sugar Loaf. Saw two with our earmark in the mob branded with bis brand, and drew his attention to it. He said he had all sorts of earmarks in his mob. He did not say then where he got them. These two sheep were the last of the flock and stopped at the gate, but the dogs kept them going. On his return accused came to where they were shearing. Their father was present. Heard them talking, bat took no notice of what they were saying. Deposed to going with his father to accused’s place, and with the latter’s consent examining his sheep, catching one with their earmark, and accused saying he bad several with the same earmark which he bought at Ashburton. Oh November 12 accused said'his sheep got into Wooding’s paddock from the .road, but he got them out before they got boxed, Witness’s evidence was in substance the same as that given by his father and brother on Tuesday last. Terence O’Brien, detective, stationed at Oamarn, said that on the 28th November he assisted to execute a search warrant on the premises of accused. Prosecutor Wooding and his son Joseph were present. We found a large flock of sheep in accused’s paddock near his house, and having put them into the sheep yards and examined them prosecutor and his son picked out 12 which they claimed as their preperty. These were all newly shorn, and were branded with a red anchor brand. Witness gave evidence as to searching the flock of accused and finding the black sheep, also of finding one sheep in the flock brought from the Sugar Doaf farm, and four more in a flock brought from Mr Barker’s. The number so picked out were specially marked, and handed over to prosecutor for safe keeping. Witness saw accused in the lock-up the same evening. Told him that as his counsel had left for Timaru thought it only fair should let him know. He (witness) would offer no farther opposition to bail, and that witness would ask for a week. Accused replied, “ I want a remand, too. I can easily show where I got those sheep. I bought them at Timaru from a man named Swan. I believe they came from Longbeacb. I believe Standish was the name of the person who sold them.’* To Mr Hay: Swan is, I believe, Mr JLennington’s partner.

William Willoughby, police contable stationed at Geraldine, deposed to arresting the accused on Nov. 27th at Orari. Read the warrant to him and he said “ I did not think it would come to this.” Among other things accused said he bought the sheep through Mr Thomas and got delivery or them from Mr Swan, of Tinwald; That when be got them home he drafted therb again, sold the worst, put his brand on the best and kept them i On the 28th November witness was present when T, Wooding claimed the three sheep at Mr Barker’s and one at Mr Morrisons as his father’s.

This was the case for the prosecution.

Mr Haj having addressed the court, accused, who reserved his defence, was committed for trial at the next sittings of the Supreme Comt at limaru. The same bail as before was allowed and the court rose.