WELLINGTON SUPREME COURT.

Wairarapa Age, Volume XXIX, Issue 8298, 29 November 1906, Page 5

WELLINGTON SUPREME COURT.

ALLEGED SHEEP STEALING. The criminal sessions of theSupreme Court were continued yea« terday morning, befora his Honor the Chief Justice. John O'Keefe indioted on a charge that be did, near Mariinborough, on October 1 Oth, 1906, stent nine sheep (eight hoggets and one ewe) from Arthur Martin. A subsi; diary count onarged the prisoner with having received the sheep well knowing them to have been stolen. Mr Myers appeared seuutor, and Mr fcskerroti.twascounsel for the defence. Arthur Martin, owner of the sheep concerned, deposed that he was the owner of Otaraia Run, comprising some 5,000 acros. Mr Skerrett cross examined the witness. Witness denied any knowledge of his father (the late Hon. John Martin) having persistently tried to buy O'Keofe's land. M&B& not true that witness JoaA'fomnto* years trying to buy, aceasatTs property ; accused bad once offered to sell to bicu. It was true that on 12th April, 1888, witness' father had charged O'lioefe with stealing an Brsenlo trough and a totara log. Witness admitted thnt r«n oo3nsion of a reaent muster 30 odd sheep belonging to him were found on O'Keefe'd property. The fences between them wore not sheep-proof. If it was a fact that when witness* manager, Robinson, mustered bis sheep recently thore were 84. of O'Keefe's sheep among them, witness was not aware of !tr. Did not know that einco the bearing of the present case was begun in Featbeiatou there had been 25 ow?s, 18 head of cattle, and three cakes, the property of O'Keafe, returned to him from off witness' laud. Francis Edward Pt»rry gave evidence in support of the Crown Prosecutor's opening. Witness said he saw no sheep along the road other than the nino taken from Martiu's paddock by nuuused. Gross examined, witness said ho had been negotiating to purohase O'Keefe's property, but he had never had any conversation with Martin or his manager regarding an exohange of laud iu the event of witness acquiring O Keefe'a land, When O'Keefe caco tip to ns!< permission to search for the bi/U the dookiDg of the lambs by witness and Robinson was almost oo.npi.ited. When O'Keefe got the bull a»d Martin's sheep to O'Keefe's place he drove the bull ioto his place and left the sheep in the avenue pleading to his piaoe. They remained in the avenue for half a hour or so. It was true that when accused drnva the sheep into Ihe paddock he could have mixed them up with his own by driving them straight ahead or to tha left, instead of bac'kiug them against a fence, but iu witness' opinion aoousod at that time had not seen Robinson and witness coming. When he saw them coming he tried to drive these sheep amongst his own, but they would not b3 driven.

By Telegraph—Proas Association. WELLINGTON, Nov. 28. Mr Sker-rett, in opening the case for tlie defence, suid this proceedings were entirely brought about by envy and Govetousraess. For many years the accused had been oalumuiated throughout tbo oanutryside as a sheep and cattle stealer,. The ease wag similar to . tber Glory of Ahab and Naboth's vineyard. O'Keefo bad two or : three hundred acres of land, 'surrouudoJ, except un the river side, by Martin's property, and Martin had hoped that O'Keefo would be obliged to sell his farm and persistently persecuted him with that object. But the fact in this case was that both properties—Martin's and O'Keefe's—ware very imperfectly fonood, and the sheep belonging to the ,c>ne tnaa were often fonnd ou tbo land of the other. Consequently, had O'Koefe desired to steal Martinis sheep he had no need to go off own laud to carry out his intention. * Mr Skerrett called a number of witnesses, who guvo evidence thst none of the fouces arou-id those properties'were sheep-proof and that the gats' of the paddock iu which the sheep alleged to have been stolen by accused were depastured, could easily be pushed open. The accused, Johu O'Koefp, gave evidence that be had been farming his land at Otaraia for tho last 25 years. There had been pretty nearly all along trouble between witness aud his neighbour, and especially since Robinson, the new manager, oatno to look after Martin's station. On the night of October- 9th Lie missed, two of his ram a an 3 his hull. They had gone cu to Martin's land, and when be drove them back some of Martin's sheep name with them, but. bo did not detain, thorn nor try to do*so. The case was not concluded when the Court adjourned for the day.