RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2873, 1 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fraser, Esq., 8.M.) ALLEGED FOWL STEALING.

Eliza Driscoll and Michael Driscoll were charged that they did feloniously steal, take and carry away six fowls, the property of one James Forsman, of the value of 15s.

Witnesses were ordered out of Court. The defendants, through Mr Macdonald, pleaded not guilty. Mr Sullen stated the case to the. Court, • the particulars of which appear in the following evidence:— James Forsman, sworn, deposed—l am a miner residing at Punga Flat. I know the defendants. They reside close to me —about 60 yards away. I keep a good many,fowls. I have been losing fowls lately, and ducks and geese. The defendants keep fowls also. Mrs Driscoll is in the habit of feeding them. She does so anywhere—sometimes with mine. She could feed them by her own door, if she chose. I fed my own fowls on Sunday morning. My wife and daughter saw me feeding them. After feeding they went away, and subsequently we found there were six missing. I value them at 2s 6d a-piece. This fowl (produced) is mine. It was present on Sunday morning with the others. I saw Senior (to whom the fowl had been sold by the Driscolls) with it in his hand as he passed my place. He went home with it. I know; it by its peculiar head, and stump tail. I swear to it positively. I never sold the fowl to anybody. On Monday, 29th, I accompanied the Sergeant to defendants', and found among those confined in his house the fowl produced. I did not identify any other fowl as mine.. By Mr Macdonald—There has been some bother before between us. I had 37 fowls, and now have only 17. I remarked on the Sunday morning, when feeding the fowls, " they were looking small." I reared the fowl myself. I could not inform the Court as to its age. It is a last year's fowl. I examined the fowls particularly when I went to Senior's, where I found this one (produced). By the Bench—l did not say anything to Senior about its being mine. I heard Mrs Driscoll telling Senior to keep her fowls in her house for a few days till they got used to the place. This confirmed my suspicion that it was my fowl Senior had. The fowl is like its mother. Margaret Forsman, sworn, deposed—l am the wife of last witness. We had a quantity of fowls. I don't know where they have gone exactly—l suppose where this one went. I reared this fowl from the egg. It was present on Sunday morning. I know Senior. I saw him in the evening with fowls, which he took home. He was some distance off, but couldn't say how far. I thought one looked like mine. Five other fowls have been taken. When I went with the Sergeant to Senior's, I-recognised my fowl among the others shut up. There are marks I know mine by. I know it by its head, its tail, and color. It is half game, I think. I have no doubt but it's mine. I got the egg it came from from Mrs Driscoll, among others. _ Louisa; Forsman, sworn, deposed—l was present last Sunday morning when the fowls were fed. This one (produced) was among the rest. (The witness here stated how she knew the fowl.) I pulled the feathers out of its wing. The first time after losing it I saw it at Senior's, when the Sergeant asked me did I know it. I did. It is one of last year's chickens.

Robert Forsman (a boy of 12), sworn, deposed—l know this fowl, it belongs to my mother. I know it by it having feathers out of its wing. I did not see my sister pull them out of its wing. James Senior, sworn, deposed—l saw the Driscolls on Sunday last about the purchase of some fowls. I agreed to take two or three. I got this one (produced) among the rest. It is the same, only that it has not so many feathers as when I got it. I did not pay for them then. I passed Forsman's as I went home with them. I put them in my yard, but they got out. By Mr Macdonald—The fowl was taken possession of by the police. I" took my choice of Driscoll's fowls. There was one other fowl very like mine. I thought they were sister chickens. The fowls appeared used to the place. By the Bench—l think I would hare noticed the feathers out of the wing when catching them. No one told me about them having been pulled out since. Sergeant Fleming, sworn, deposed—l accompanied Forsman last Monday to Senior's. Forsman identified one fowl as his. We took it into our possession, and it has been in my possession ever since. It was not taken to Forsman's before I took it. It was taken ;to Foraman's and put in a kit to bring down here. I accompanied the girl Forsman to her house but not inside. I could not say where she got the kit from. I kept near the fowl. I examined the fowl at Senior's, but did not notice its wings particularly/ It was carried to Forsman's house, to get a kit to bring it down. The girl had hold of the fowl. I could not say from what room she brought the kit. Several other questions were put by the Bench and Mr Bullen to the witness, who appeared rather-confused, and His Worship said he could not get anything satisfactory from his evidence. He had some suspicion that the fowl's wings had been tampered with. He would give the defendants the benefit of the doubt. He alluded to the bad feeling between the parties. Defendants were discharged. Senior took possession of the fowl. Court adjourned.