ALLEGED THEFT OF OATS.

Press, Volume LXII, Issue 12542, 11 July 1906, Page 7

ALLEGED THEFT OF OATS.

A CURIOUS CASE. Jonas Fifield and Percy Fifield wero charged, at Geraldino yesterday, bey fora Mr C. A. Wray, S.M., with stealing, on June 13th, 4. ba_hels cf oats, the property of Harry fckott. Constablo i>asmus_-_- pro-ecuted and Mr Raymond defended. Constable Rasmusscn deposed that on Juno 14th lie went with Scott to search properties on the Gcruldme Downs for oats last by oo_ip-ainai-". Ho went hrsc to 1. i_nj_a_ w.tnuut a warrant, and was given every tacmty in searcning. In tiu. manger wi.-n_ss found a,bout a h____-ul or lAinish cats, Uie presence ot" wlUL'a Filield, senr., said ho could not at-cunt lor, as ho had not grown Daaii_.iiji.ats for years. Filield pointed out to wiiness uiier»> the stack was and. tiie clmtt-euitor, and on going tiiero with _5-oit witness round, concealed in the cnatf-trap, 30. yaras trom tno nousc, halt a bag o. Danisb oats, tiie sack being brandc_l wrttf SooOt s private mark. I'm? Fili.lus could not explain. lw»' the oats got there. Henry Scott, i armor, gave corroborative oviaence. Alt no ugh cats nad lieen traced to Fifieid s on a previous occasion and Jio had _K".!ii compelled to apol-g__o ior abusive? language to fuiekls son, he had not _>i__*_ .'Cted FiheLi of tne tuieft before finding tho oats on his property. Mr Raymond s;i-_iutted that tha fact that tlie .alleged stolen. e>atn wero tn an ope;i posit .on. on the limits cr' defendants property was net evidence of pcesvssion, wuii'le tho tact, that pl.i_nt.tf Had been made to apologise by Arthur Filield iv.ufd suggest a plot on the part of Sex?tt to injure the Fifield lamily. Evidcnco as to tho higli character of Jonas Fifield and his family was given by W. S. Ma&lin, .Mayor ot Geraldine, Robert Taylor, Robert Morrison, senr., a;nd H. W. Mooro. Jonas Fifield, in tho course of his evidence, said tliat when the oats were found in the chaifcutt.r Constable Ra_-mii-ts_-i asked witness to p.iy Scott for the oats and they would h.iVi tho matter up, and Scott agreed to this. Witi ness said, "I will do nothing of the kind." Constable Rasmussen then said to witness's eon. "I will arrest you," and Fifield jun. said "I will go with, yon." His Worship: Do you mean to suggest that Constable Rasmussen a.keel you to pay for the onts and thero would be no more about it." Witness: There is no doubt about that. It w;as the biggest surprise he had ever had when be saw tbe oat 6. Percy Fifield gave corroborative evidence. Constable Rasmu-ssen omphatically denied that'he had suggested to tho Fifields that they should pay for tho oats. His Worship: We are not trying you now. After hearing other witnesses, the Magistrate said it seemed a remarkable thing how tho oats got into defendant's place as they did, but he was not going to di-cuss the matter then, but merely to say that a conviction would not be justifiable against either defendant, and tlio information! would be dismissed. The Court was crowded at the heatring, and tha public c howed their ajv nroval of the verdict by G.a__pin.g their feet and applauding.