POLICE COURT.

Waikato Times, Volume XIII, Issue 1051, 20 March 1879, Page 2

POLICE COURT.

(Before H. W. Northcroft, Esq., R.M.) Hamilton, Tuesday, March 18, 1879. George Olune, jun., was charged with assaulting John O'Neill m Ihe streets of Hamilton oy striking him m the face with his clenched fiat, and was finod £10, or two months' imprisonment. Vj»GRANCV. Elizabeth Wall charged with using obscene language towards Ellen Hunter m a public place — Fned £3, and costs, £1 15s, ALLEGED SHEEP STEALING. John Coleman and Bernhard Coleman, butchers of Hamilton, were

changed with stealing 3 sheep, the l-roperty of Ebenezer Potter. Mr O'Neill appearerJ for the prosoc.ition, Mr W. M. Hay for the "erence. Mr O'Neill askpd for the disehargo of John Coleman. The prosecution had not sufficient evidence against him but he desired the discharge should be so made thnt it could be brought on again if sufficient evidence offered. The Court ordeiv.d the charge against John Coleman to be withdrawn. Having opened the casp, Mr O'Neill called Ebenezer A. Potter, sworn, said : lam a butcher, of Hamiltou, and m partnership with my brother, Alfred G. Potter. 1 bought ten sheep from Mr J. B. Whyte i some time ago— seven wethers and three ewes. The wethers had the tip off the right ear, and branded between the shoulderswith Mr White's brand « W." I turther branded them with a red ruddle, marked on the head. We put the sheep m our paddock. I first missed six sheep on the 10th inst. I went the same evening to Whyte's to search for them. Eleven 0 clock next day, I found two m Coleman s paddock, about a mile from the township. I could find no others, and went home to dinner, leaving the sheep m boleman s paddock. Coleman's slaughterhouse is m the paddock going to the bush, and yeu cannot see it till you get up to it. After dinner, my brother Alfred and I went straight to Coleman's slaughteryard. Fleming, Coleman's butcher, and Tristram were at the slaughteryard. I saw defendant and a boy driving some theep up to the yard. I asked him it he had seen any of our *heep. Ue said he had not. Fleming said he saw two Hheep outside the gate about half-an-hour ago. I said I had seen two of my sheep m their paddock about eleven o'clock. Defendant then recollected that he had seen two sheep lying down, and asked the boy how many he had put m the paddook that morning. The boy said four Defendant then advised me to go one way aud my brother another way, to find them. 1 went; my hrother remained. When they were penning the sheep, I had noticed one of mine— a wether. Mine was a long-woolled sheep ; bis were halfbred merinos, much smaller than mine, and easily distinguished by the color. I returned without finding the others. I went and informed Sergt. McGovern. On Wednesday morning, we went again to defendant's slaughteryard to look for the sheep .^ The sheep was not m the pen, but his skin- was on the fence, amongst others. (Sain produced, and identified.) I swear to the swin as that of my sheep by the mark and brand. I came straight away, and laid the information. Constable Murray, my brother, and myself went to the yard, and searched the place. We found the skin amongst others. The sheep was worth 20s. To Mr Hay : I bought the sheep on or about the 7th iust., and took them to our paddock, m Galloway street. I lopt six of these. I found three at Mr Whyte' a gate, on the 12th inst. I first saw Coleman coming from the far end of the paddock, near Coate's property. The sheep were being driven from the lower end of the paddock. I waited till they came, but we did not assist to yard them. I recognised my sheep before they yarded them. I did not claim the sheep when I saw it there. They asked up to help yard the sheep. I refused, saying, there were enough to eat them. I was looking for my sheep, but did not take it when I saw it. I neyer al uded to the sheep being one. of mine. I can see the brand now, m the skin produced, and swear to it as that of my sheep. The sheep was a twotooth. Mr Whyte's sheep are all branded the same as this. The skin might be a fair sample of the skin of any wethers of Mr Whyte. The ruddle mark was on the head. Other persons m Waikato have sheep of similar description to the skin produced. I heard no observation made by defendant to his men, as to the sheep of mine amongst his, while I was at the yards. He pointed out what seemed to me, some sheep, about a mile away. When I got there, they were not sheep. .Re-examined : The part of the head the ruddle mark was put on, is not on the skin now. The reason I did not let on I saw the sheep m the pen was, that I was suspicious there were more there. To Mr Hay : Defendant manifested no desire to conceal the sheep m any way, while driving into the yard. To the Court : If I had seen the skiu anywhere, I could have sworn to tho brand. Edward Mulgrove, being sworn, stated that he was m the employ of B. & J. Coleman, and on Tuesday last drove four wethers into Coleman's paddock branded with a heart with a splash of tar. Had seen one since m the paddock. I did not notice whether the sheeps' ears were out. I don't know what became of the other three sheep. I found the four sheep behind Coates' farm, and drove them to Coleman's paddock because Coleman told me to go and look for sheep with tar brands on them. Honey man and I drafted them out of other sheep behind Coates* farm. I did not notice that there were any brands on the heads of the four sheep. To Mr Hay : Mr Coleman simply told me to bring sheep having a tar brand ; the did not say what brand. Tbe brand was on the side of the sheep. I remember going with Coleman on the Tuesday, and driving fourteen sheep from behind Uoates' farm. They were all ewes ; I will swear tney were a ! l ewes. The marks on these sheep were " T.H." One had a kind of round yellow mark. I saw the two Potters and Tristram at the slaughteryard on Tuesday. To Mr O' Weill: It is a month ago since I drove the four wethers into Coleman's paddock. There was a strange sheep with Coleman's m the paddook ou the previous Sunday. The fourteen sheep we were yarding were all ewes. I am certain of that. To the Court : No one has spoken to me about the case except a man I saw on the road. Constable Murray gave me the summons, and I gave it to the accused. Accused made no remark to me about it. I live at Coleman's, and have heard nothing *about the case. Wm. Murray, constable, AC, stated that on the 13th inst. he, m company with the Potters, searched Coleman's slaughteryard for sheep reported to have been stolen. Among some twenty skins of recently-killed sheep, he found one which the Potters at once identified as theirs — the one produced m Court. None of the other skins were ear-marked. When the warrant was read to accused m his shop at Hamilton, he said — " This is an awful affair." He was then cautioned m the usual way, and said— "l can see it all now ; the skin t^at the Potters haye taken iov theirs is cmp thst I have left out of some that I got from Mp Crawford a long time ago." He made no other remarks. To Mr Hay : The skin is as dirty now as when the Potters identified it. Mr Coleman told me that he had killed she sheep the day before, and that the skiu was one of the six. He told me thia when I was taking him across the river after arresting him. The Potters, at the time of identifying the skin, gave the brand as " W," with the right ear marked. They pqinted out to me the earmark, and what they called a W, hut I could nqt nia^e anything of it. To the Court : When I served the BumJiwua ou tho Jboy Mulkvoyo, he toW i»%

that he had driven the four sheep, which he said were wethers, into Coleman s paddock on the Monday or Tuesday previously. I am certain he did not say it was a month ago, as ho stated m Court. Be said Coleman had sunt him to look for sheep, and he thought these four wethers might he his, and that they were branded with something like a heart near the shoulder John MoGuire, m the employ of Mr J. B. Whyte, deposed to selling seven wethers and three ewes to the Potters. The wethers were branded " W " hetween the shoulders, and red-ruddled on the face. Have not sold the Colemans any sheep during the last twelve months. (Books produced m proof.) The ruddle mark would not he seen on account of the blood and dirt. I cannot make out the brand on the skin produced m Court. To the Court: I cannot swear what brand is on the skin m Court. lam sure that none of the sheep I Bold to Potter came hack again to Mr Whyte's. Robert H. Crowley, brother-in-law to Mr Crawford, deposed that tbe last sheep sold to the Colemans for Mr Crawford Was on July 25 last. •To Mr Hay: The ear-mark on the skin is just like Mr Crawford's ear-mark. The hvand was a " C" with a line under. To Mr O'Neill : I cannot see any brand on the skin m Court like Mr Crawford's. I would not swear there is any brand on it at all. Mr Crawford had some sheep m July last with wool similar to that of the skm m Court, hut, if those sheep sold last July were unshorn to the present' time, the wool would he longer than on that skin. For the defence, Mr Hay called John Coleman, who, being Bworn, Baid he remembered purchasing some eightyeight sheep from Crawford m July last for £67 2s. The first thirty of them, principally wethers, were branded with a tarred rag about the neck. The ears of the sheep were variously marked. I sent forty to Auokland. The romainder were Iranded, aud turned out into Mr Coates' forty acres. Some were lost. I got delivery of them ahout August 8. I did not Bhear auy, but Mr Coates' man sheared some of our sheep that were lost which answered the description of those bought from Crawford. They were shorn m Deoember. We marked them after they were shorn with a tar brand on the neck, near to the shoulders. It was just a splash of tar we used. The skin produced is off one of the three we lost. The ear-mark is the same and so is the wool, but 1 could not swear to the tar brand I bought sheep lately from Buokland branded with a heart, and from Fergusson branded " T.H." We have heen killing from both lots lately. Mr Coates uses the land called Oolemen's paddock for sheep and cattle. The fences are not secure, and sheep can stray mor out. We have lost several sheep. I have not spoken to the witness Mulgrove ahout the oase. I have always heen on very good terms with the Potters—- rEbenezer and Alfred. I never spoke to the elder Potter, having good grounds for not doing so. I saw Mr Potter m Court to-day. To Mr O'Neill : After being shorn the three sheep were branded by myself and my brother Bernard, with a tar brand, the red mark being hardly discernable. It is quite possible a mistake may have been made m the keeping of my hook. The discrepancy of the 40 odd and the 57 was owing to my heing away, and the register not heing properly kept. To Mr Hay : We usuaUy tip tbe right ear. lam particularly careful not to kill other peoples sheep, and have stopped my ttan from catohing them, for killing, after dark, for fear of doing so hy mistake. Jas. Honeyhurn, m the employment of Mr Coates, deposed to having shorn three sheep, tar tipped on the right ear, as the Colemans sheep were, m December last. The growth of th 9 wool on the shin produced, would be as it is, if shorn m December. I gave four sheep over to Mulgrove, a month ago, Belonging to Coleman, amongst ours. They had a tar brand about the neck. To Mr O'Neill : I cannot swear there is any brand on the s*>in produced m Court. To the Court : If I had seen the skin m its present state, on the sheop' s hack, to-night, alive, and next morning saw the skin taven fresh off the sheep, I dont think I should know it, or tell the brand again, unless the skin had been kept clean. Peter Coleman, sworn, said he was employed as a butcher by his brothers. Remembered his brother buying sheep from Crawford and Gane, hut could not recollect the dates He did not know anything about sheep, and would not know anything about the sheep that were bought by his brother. Some that he had marked had been killed, and some had strayed away, but oould not say what number of either. Henry Tristram, a butcher m the employ of Coleman Bros, for the last three yoars, sworn, said : I was with Fleming m the slaughteryard on Tuesday last when the Potters asked if I haa seen 'tJEjir sheep. I replied I had seen four wefthers that morning just outside Coates' forty aores. I, also, said Fleming and I had seen two up the road towards Hokanui. I notioea the four sheop particularly. Tnere was a round brand, something like a horse shoe, about the middle of the back, towards the shoulders. I did not notice any other marks. I was not close enough to the other two sheep to notioe brands or mar«s. Bernard Coleman and the boy came up with some sheep then, and tried to put them m the yard. I heard the Potters asu Coleman about some sheep. Coleman told them to go and look round the paddocks, and they would he li ely to find them. '1 here was nothing m Coleman's manner which conveyed to me the idea that he wished to get rid of them. He did not attempt to conceal any of the sheep he brought up with him. These sheep were fourteen m number — thirteen ewes aud one wether. The wether had a blotoh of tar just behind the head, the tip off the right ear, and redochre down the face. I did not notice whether it was full mouthed. It was not one of the four I had seen at the gate. It was daylight when we killed. When Potter was some fifteen yards away, accused said, m the yard, m a usual yet loud tone, " I say, Bill, I've found that sheep we loßt. Fleming said, "what sheep?" Coleman replied, "of the lot we got from Crawford." I would not like to swear that the skin produced is the ene I dressed. I believe it is, but would not like to swear it. It is the skin of a wether. Fleming finished skinning the wether, and Bernard Coleman hung the skin up. Mr Coleman's usual ear mark is, the tip off the right ear, and sometimes, also, a splash of tar. I have always found the Colemans verjr careful, as to whose sheep they kill. This wether was killed m a perfectly open manner. Fleming was not with me wheß I saw the four sheep at the gftte, . To Mr O'Neill: j did not see Fleming looking at the sheep's mouth. He might have done so, without my noticing it. Fleming made no remark that night, ahout the sheep being a full*mouthed sheep, or fttt old sheep, He made the remark to me, ou the Wednesday, iv tho evening, after the information hud been laid. To Mr Hay : I could not tell by the fat inside, whether it was a two-tooth or a four-tooth sheep. An old sheep has more fat mit than a young ono. Thero was a good deal of fat m this ease, To the Court i I out out the tongue of thia sheep, and may havo seen its teeth, hut don't recollect noticing what they were. The boy assisted to put tho sheep & tho slaughterhouse, and wuethavo seen

Fleming there. I will not swear that the skin produoed m Court, is the skin of the wether. William Fleming, a butcher m the employ of J. &B. Coleman, sworn, said : I and Tristram were at tho slaughteryard at 3 p.m. on Tuesday. The Potters came up from one way, and the accused and boy, with fourteen sheep, from the other direction. There were thirteen ewes and one wether m the mob. We yarded the sheep, and then left to kill a heifer at Coates', returning ahout an hour hef ore dark, when Coleman said, "Bill, I've found one of the lost sheep." I asked him whioh ono, and he said, " one of those that came from Crawford's." I looked at the sheep particularly ; it had a red face covered with ruddle. There was no red on the top of the head. The tip of the right ear was cut off, and there was a hlotoh of tar behind the neck, near the shoulders ; it was a solid blotch. It would be a very hard thing to swear to the s in produced m Court, for I do not see any brand on it. The sheep was a fullmouthed one— that I am quite positive of. I did not look m his mouth, but saw the teeth when Tristram was cutting the tongue out. Mr Coleman usually cuts off half the right ear. I have not seen him use any tar brand lately. I remember seeing Peter Coleman marking some sheep m the stable, behind the shop ; the mark on this particular wether resemhled the mar* Peter put on them. Mr Coleman is particalar ahout the sheep he kills being Lis own, and for this reason will not allow us to kill after dark. I hoard at Mr J Coleman's house, and have never heard thia case alluded to at his table. To Mr O'Neill: It was an hour after the sheep had been put m the yard, and after we had returned from Coatse', that acoused said, he had found one of the sheep got from Crawford's. I never told Tristram that tho wether I killed on Tuesday, was a full mouthed sheep. I oan swear that it was f ull-moutheu. TO Mr Hay : I am quite sure that I did not tell Tristram it was a full-mouthed sheep, nor, m talking to Mr Coleman, did 1 tell him so. If there had been a ruddle mark on the sheep's head, it would be seen now, providing* the sheep had not heen shorn. To the Court: I doni think that the Potters were present when the acoused made the remark about finding one of his lost sheep. The hoy, Mulgrove, assisted m yarding them. In legging the sheep, the sides of the face are cut away, which discloses the teeth. This closed the evidence for the defence, and after addresses had been made by counsel, the Court, which had sat from 2 p.m. on Tuesday, until 5 a.m. yesterday, committed the prisoner for trial, at the next session of the Supreme Court Bail was allowed m two sureties of £100 each, and his own "bond for £200. The bail was at once found.