MAGISTRATE'S COURT.

Temuka Leader, Issue 2754, 22 December 1894, Page 2

MAGISTRATE'S COURT.

Tentoka-Thubsday, Dbobmbbb 20,1894. [Before D. L. Inwood, F. D. Barker, and J. M. Twomey, Esq.'s, J.P.'a.] AALBOED SHKJSP STEaXIITG. James Henry Webb Robertson was charged on remand with feloniously stealing and taking away 100 merino ewes and 75 lambs, the property of Mr James Austin, between the 16th October. Mr White, instructed by the police department, appeared to prosecute. Mr Raymond appeared for the accused. Mr White gave an outline of the case for the prosecution, and called James Außtin, farmer, resident at Winchester. 1 first saw the accused on the day of his arrest. I own land at Rangitata. Accused owns two sections at Rangitata. One of these sections is separated from my land by a road. Other portions of my land is distant about 30 chains from that of accused. On the 13th June I had 1528 merino ewes and 7 wethers in my paddock opposite that of accused. Robert Kelly was in charge of these sheep. There were two brands on the merino wethers. The sheep were removed to a paddock about 30 chains from accused's land. Mustered the sheep in October. They were in the two paddocks. My Bon stated that there were 115 missing. (At this stage all witnesses were ordered out of court.) The missing sheep were merino ewes. On the 27th November- my son called my attention to some sheep of mine being in Mr. Robertson's paddock. One hundred ewe 3 and 75 lambs were got from Mr Robertson's paddock. These sheep were outside the court, excepting one ewe, which has since died. I produce the skin of that en e. It has Mr Acland's earmark. It has my brand partly effaced. A smudge of lamp black has been put over my brand. The 99 ewes bear either the earmarks of Mr Acland or the late Mr Angus Macdonald. On the latter my own earmark also appears.- Mr Macdonald's sheep were not branded by me. They were bought after shearing, and only earmarked. The sheep found in accused's land bore Mr Macdonald's brand. The sheep bought from Mr John Grant (Acland's) bore my brand. The earmark of Mr Macdonald's is a slit in the off ear and a notch out of the front of the near ear. I earmarked these in Mr Ford's presence. My earmark is a back and front notch, and a tip off the top of the ear. The near ear for ewes and off ear for wethers. My land is securely fenced with gorse. I have not missed sheep for the last three or four years, except perhaps one or two. By Mr Raymond: Could not say what age the ewes are; various ages, probably. They are station culls, fairly even. I had not gone through them frequently before. I may have been through them about half a dozen times. All the 1535 were bought either from Mr Grant or Mr Macdonald. A lot of the first,lot were very poor when bought, and some died. Those from Mr Macdonald were bought to make up the deficiency. I did not go to Mr Robertson's land myself. My son did. Mr Dorward is the neighbour from whom I got information as to the sheep in Mr Robertson's paddock. James Austin, jun.: I am a son of previous witness. I have had eighteen or twenty years' experience amongst sheep. I know the accused by sight. In June last 1535 sheep were put in my father's paddock, near accused's land. It was divided from accused's paddock by a road. These aheap were meiino ewes, with the exception of si* or seven. They were shifted at various times. In October last they were in both paddocks. I counted them then and found 115 short. I informed my father and made enquiries among the neighbours. From something I heard I went to accused's paddock on November 27th. This paddock is about thirty chains from my father's paddock. A. McOleliaud, R. Kelly, and T. Jones Qogompanjed me. I looked through the I sheep- Accused was not at home. 1 * 100 owes and one wether and some founu _ —-* my father's sheep. 1 lambs. They we*~ < thd brands, recognised them by one * • J which were untouched, and by earm.rfau The sheep bought from Mr Macdonaki s estate had the station brand and earmark and my father's earmark, and the others had our brand, defaced iu some instances, and Acland's earmark. I mtomod my father, and the next day drafted the ewes with Robt. Kelly. Constable Bourkecame to Robertson's laud while we were there He got the sheop into a yard and drafted what 1 considered to be my father *. I raddled the bags of all my father's wet sheep and turned them out with all the lambs leaving Robertson's ewes in. In about a couple of hours I brought in my

ether's ewes and all the lambs, and took oat all the lambs that had red on the - head. There were 75 lambi. I took the 100 ewes and 75 lambs and left them in charge of Robert Kelly. There was one wether of my father's among them. These sheep have been kept separate. Two of the ewes have died. The sheep are outside the court. The skin produced ib that of one that died. The skin originally bore my father's brand aa pat on by me. The brand had been clipped and defaced with lamp alack. A portion of the brand is still visible. \lt bears Acland's earmark only. The lambs had been mostly cat and tailed, and earmarked. Robertson in the presence of Constable Bourke and Detective Livingstone told me he had earmarked them. The lambi eat and tailed were those with red on their heads after they had been with the ewes. After picking oat oar sheep there were 112 ewea and 84 lambs left in accused's paddock. I saw several dead sheep in the paddock. I considered two were my father's. Some were so decomposed that 1 could not dis- • tinguish the brands; There were Bor 10 of them in one paddock. The first I found ( hod Acland's earmark; The branded aide was on the ground, and tike sheep was rotten. It wsa of the same cleat as those taken away. The other ewe I noticed had my father's brand. I could not find the ears. I went to Robertson's again on December 3rd with Constable Bourke, and Detectective Livingstone, and the acoused. I counted his sheep then* there were 197 sheep and lambs* Some of them.had then been shorn and branded with a cross in black. The brand produoed ww alongside the yards. {The saucepan produced was also there. My father's paddocks are in English grass., The accused's paddocks are poor tusssook. I do not think'the sheep could have strayed to where they were found. The brands on some of. the ewes were distinct on the 27th November. The fences on my father's land are live fences, fairly good, pretty well sheep proof. Have never missed sheep for several yean. Amongst the sheep outside the court, are several of the same class, marked with , raddle. They are brought down for the purposes of comparison. Cross examined: When I found sheep missing 1 enquired from Mr Rnddeaklan and Mr Jone 3. 1 did not enquire of accused. The accused's sheep had various earmarks. The dead one we found was lying in the paddock with my father's brand undefaoed. Robert Kelly, a caretaker in the employ of Mr James Austin,sUted: Accused has a paddook divided by a road from Mr + Austin's. He lives about a mile and a half away. He has about 300 acres, poor lieht land in tussock. Some of Mr Austin's land is about 30 chains from where the accused lives. Mr Clelland'i ' land is between. la June last about 1600 ! ewes were put in Mr Austin's paddock. I looked after them. When we eat and tailed we missed 116 merino ewes and 2 wethers. The sheep oould not have strayed away. For years past have not lost sheep. Mr Austin's land is in English grass. I went with Mr Austin, jun., and found 100 merino ewes and 1 wether in Mr Robertson's paddock, lhad a day or two before seen sheep of Mr Austin's on accused's land. 1 think these sheep must have been taken from the paddock about 30 chains away. Accused had not many sheep in his paddocks before I noticed Mr Austin's there Have never known Mr Austin's sheep get* into accused's paddocks. They were not altowed to graze on the roads. The fenoes were looked after every day. They are good fences.

Cross-examined : I cannot tell how often 1 shifted the sheep from one paddock to the other. It may have been once a fortnight or once in three weeks. It is easy to see into accused's land. His fences are not gone ones. There jure about 600 acres in Mr Austin's two blocks. ! One is a little bigger than the other. The one nearest the accused's land is the bigger block of the two. Mr Austin's land is partly fair and partly light. Alexander McClelland, farmer, residing at Rangitata : On Friday, the 30th November, 1 went up to accused's land and in reply to his question said that I had seen Mr Austin, junr., Kelly and Constable Bourke in his paddock. He said " They have a fine cheek to come into my paddock in broad daylight and take away about 70 sheep." On the following Monday he left home. I have not seen him since until this morning. My land divides accused's land from one of Mr Austin's paddocks. I found three of Mr Austin's sheep on my land. They got through where the water race had dried up. Sheep could not get from my land to that of accused. To my knowledge none of the accused's sheep could get on to my land, nor mine to his. I have seen the sheep outside the court. Mr Austin's brand is defaced with lamp black. They are tampered with like that on the skin produced. By Mr Raymond: The sheep that came ou my land from Mr Austin's came through a boundary fence. John Ford, manager for the trustees of Macdonald's estate, Orari, stated that on 11th January last 1 sold to Mr James Austin 440 merino ewes, full mouthed. They bore the station brand and earmark. The brand is a cross. The earmark is a slit in the right ear, and a fore bit out of the left ear. I recognise the sheep outside the court as some we sold. We sold none to others besides Mr Austin at that time. We sold some in April, about 450, to Mr John Grant. Sold none to accused. The sheep outside the court now have Mr Austin's earmark. It was put on in my presence. I have never missed any number of sheep from the station. I was shepherd from April, 1891, and manager from February, the present year.

John Robertson, farmer, Rangitata, I live near part of accused's land, and have a long dividing fence between myself and Mr Austin. The fences are good. Mr Austin's Bheep are well looked after. Iu April last accused asked me to buy some lambs. I did not want them at the time, but afterwards bought fifty-four. He had no other lambs as far as I saw. He had from 90 to 100 old merino ewea. 1 heard he had bought forty-four, since then. I could not say whether he had many deaths. I have never seen Mr Austin's sheep straying. They are pretty well looked after by Robert Kelly. One of my sheep might occasionally Btray upon Mr Austin's land. Thomas Edward Wilson Dorward, farmer, Rangitata: I lire opposite accused's hut at Rangitata, and within sight of his paddock. I recollect his selliug lambs to John Robertson. He held about 125 merino ewes, more or lees, *f tor wards, I cannot Bay if he purchased auy other sneep. four or five months after the sale of the lambs 1 noticed an addition to his flock. 1 first noticed a|w & t ftf tv crossbreds, and about two Months afterwards I noticed an addition of merino ewes to the number of about a hundred, This was pot long before lambing sea«on, I see one of h« paddofllm every day, I have seen him shifting the sheep and cutting and tailing. I want to bis yard to see if any of my sheep were there. I found nine, and saw three of Mr Austiu'a. I remarked that titer* wen three of Mr, Austin's there. After 1 had

got my sheep he turned the lot out. He bad no person helping him. I had no notice.of my sheep being there. By Mr Raymond: Could not say if accused is dull. I have found him the same as any other man. When I saw the addition I thought accused had been buying. The paddock I saw the merino ewes in would be about 30 chains from Mr Austin's. By Mr White: In any conversation I have had with accused I have found him of ordinary intelligence. . Thomas Livingßtone, detective, stationed at Timaru: On Friday, the 14th December, I accompanied Constable Bourke to land occupied by accused at Rangitata. We looked over his land and found the remains of 46 dead sheep and 23 dead lambs. In hishutwefound 17 sheepskins, and one previously taken away, making 18. The brand on the skin produced is similar to that on the live sheep on his land. On the 7th I found the carcase of a dead sheep, which appeared to have Mr Austin's brand (akin produced). The skin produced makes 47 dead sheep and 23 dead lambs found on the.laud. I have ascertained that in April last he sold six skins and a quantity of wool at Mr Clark's wool works, Washdyke. On the 3rd December I saw Moused in the house of his mother, in Timaru. Constable Beddeck was present. I was instructed to enquire how Mr Austin's sheep came on his land. He made the statement produced, which was read to him the day following in the presence of Mr Jas. Austin and Constable Bourke at Winchester. He said it was correct. -, . Thomas Bourke, constable in charge of Temuka station : On the 28th November James Austin jun., to the premises of accused at Rangitata. I saw Mr Austin and Kelly raddle the bags of wet sheep, which the former claimed as belonging to his father. He picked out 99 ewes, one wether, aud 75 lambs. He picked out the lambs after they had been tamed out with the raddled en es. I was present when Detective Livingstone read the statement produced (marked A) to accused. He said it was correct. The pot and brand produced was found by myself outside the yards on accused's premises. It contained lamp black and grown. Accused said-it was his brand. This concluded the evidence for the prosecution. Accused, who reserved his defence, was them committed to take his trial at the next sitting of the Supreme Court, Timaru. Aeoused was admitted to bail, himself in £IOO, and two sureties of £SO each.