R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2594, 10 May 1887, Page 2

R.M. COURT.

MASTERTON,-MONDAY. [Before H. S. Wakdell R. M., and Colonel McDoNNELL.and I, CaselBEHG, J. P.'s]

Alleged Sheep Stealing. . George Moore was'charged with that he did on the 14th April, at Bparaima, feloniously steal, take, and drive away seven lambs value 28s, the property of Pera Anaru, Mr J, J, Freeth acted as Maori Interpreter. Mr Skipper appeared on behalf of the prosecution and Mr Beard for the defence. All witnesses were ordered out of Court. Mr Skipper stated he was instructed t(i appear on behalf on Eparima. The prosecutor's property was bounded on three sides by accused's property. Prosecutor saw several of his sheep being driven from G. Moore's property by Mr F. Moore in the direction of the run known as Glenburn. On m>

about the 16th April prosecutor aiic another native followed the mob anc came up to them at the Kaiwhats river where they recognised sever ■sheep belonging to prosecutor. The latter's register mark was three hall diamonds 011 upper portion of leifc ear. These sheep were identified by this brand. When the sheep were overtaken it was found that the brand on the ear had been tampered with. He would bring evidence of his brother, Mr P. Moore, to show that he had purchased the sheep from Mr G. Moore, .The position of Mr Moore, be what it may, lie'hoped would not influence the Bench. He would now call the prosecutor.

Pera Anaru the prosecutor in the case being-.swora deposed that he* resided at Eparainja, He owned 640 acres, a portion of it being leased to Mr George Moore and he retained about 200 acres for his own use. One of the boundaries is divided by a road from accused's property on one side. Accused's land .surrounds prosecutor's, the latter's being all fenced. When last mustered nearly a month ago lie bad 860 sheep. That was about two

thenin consequence of whathe had been told by another native, lie Mowed some sheep in the direction of Kaiwhata river. He overtook them at the mouth of the Eaiwhata river. At ■. this tim.ehe|was accompanied by another Nativoi "The mob of sheep consisted of about four or five hundred and were driven by Mr Fred Moore, of Glenburn and another. They were driven in a southerly.} direction towards Glen.desorihed in-.: the certificate receipt produced was his brand. All his sheep were branded . mtEM.paintcSo.last • branded his sheep and lambs on the ISth' November last, and docked the lambs in October. His sheep were marked withthe. ear-mark already described, the males ononeside and the females on the other. When he overtook the mob of sheep, he examined them and found seven of his sheep amongst' them,-bearing his brands. All of his sheep were branded on- the back. The forepart of his sheep's ears were cut and flapping, but he could distinguish his mark on them. He at first noticed one of the sheep's ears bleeding from a fresh earmirk that had been made on the off ; ear. The latter mark existed on the seven sheep, and was freshly cut. Accused wool brand is a black one. The paint prosecutor used was made up of red ruddle pounded and mixed with oil. The remainder ofy'accused's sheep, were branded with a black brand. When he discovered seven of his sheep among the mob he'said to Fred Moore " these are my sheep," but the latter refused to give them up, Fred Moore made a statement to the prosecutor as to how he got possession of the sheep. He valued the seven sheep at 4s per head. Had'not sold' any sheep to accused lately nor had he seen him to speak to since the occurrence.

jr Cross-examined by Mr Beard: Hi s had not noticed the seven lambs prio) • to the 14th April. Had no comma tion Avith accused about tliese lambs ' Remember seeing accused on or aboui ' 26th March whilst dipping his slieej on accusei's property. Accused callec my attention to 17 lambs on that date which belonged to him. He said he could ! not say whether they belonged to \ accused or not, as lie had not looked [• a ; t them,. He clipped on that date 3GG > sheep, The 17 came in with - xnd 1 were included in the 366. The accused 1 picked the 17 out of the flock without | any difficulty.' My brother-in-law was with .me at this time. Accused told me his mark had been removed and another mart substituted. The seven sheep and the seventeen sheep were all marked in the same way. The ear mark produced in Court has been cut ill snoh a way as to spoil the fork. Accused did not charge him with altering the ear mark.: The seventeen were all marked the same Frequently went to George Mooro's place after the dipping while the seventeen were still there.' Five, days after the dipping George Moore told him to go and take the sheep aivay. About a month before wont with accused at his request to the Registry.'.Office and got the brand altered to the other ear so that no mistake could occur in future. Several native witnesses were called for the prosecution, but their evidence was of a very conflicting nature. Mr Beard briefly addressed the Court,' Submitting that there was no defence to answer. In dismissing the information the ['Court'remarked that it was one of the most trumpery cases ever brought before them, and gave it as their opinion that the boot should be on the other leg, that the prosecutor should be iii place of accused, and answering a charge of perjury.

Colonel McDonnell addressing the prosecutor in Maori gave him a severe lecture, and led him to understand that the Court were of opinion that tiie sheep had been first stolen from accused, and then re-marked for the purpose of hiding their guilt.