SUPREME COURT.

Press, Volume LXIX, Issue 20776, 9 February 1933, Page 5

SUPREME COURT.

CRIMINAL SESSIONS. ■ (Beioie his Honour Air Justice Reed.) FARMER FOUND NOT GUILTY. I Joseph Thompson, a, farmer, of ilount ; Somers (Air i'. S. "Wilding}, pleaded not guilty to a charge that, being the grantor o; an instrument by way of security, ho did without the consent of tho grantor, deliver 2S sheep valued at £lO, to H. H. Hood. Tho Crown Prosecutor (Mr A. T. Donnelly.) Eaid that tho accusod was charged with impairing what, was properly called a bill of bale. It was ail offence to dispose or stock covered by such a bill of sale, 'the accused was a farmer at Mount Somers and ho gave the New Zealand Farmers' Cooperative Association a bill of sale over hi 3 slock in 1923. Last year his position became unsatisfactory and tho association decided to take tho sheep. The firm bccamo suspicious that they had njt got all tha stock, and a visit was paid to the farm where it was found that 28 sheep bearing' Thompson's brand and that of a neighbouring farmer, Hood, were running in one of the paddocks. Two days later they were ' found. on Hood' 3 farm, in tho third paddock back, from the road, where they were out of sight. Hood told the firm's representative that iio received the sheep from Thompson in satisfaction of a debt. Thompson at first denied that he had parted with sheep to anyone, but later he informed the polico that tho stock belonged to bi3 kinn. The jury had to bo satisfied that tho sheep concerned were included in the bill of sale and that the accused gava them to Hood in satisfaction of a debt. Edward William Mason Cole, branch manager at Achburton for the New Zealand Farmers' Co-operative Afsociation, said that on Atigust 13tli the firm removed the eiock under agreement with Thompson. He gave (ividenco on tho lines of tho Crown Prosecutor's address. Henry Samuel Taylor, atock agent employed by tho Farmers, said that he removed Ml sheep from Thompson's farm. Three weeks previously at a muster they had numbered 351. Thompson explained that a ewe and a lamb belonged to a neighbour and that the rest had died. When witness removed the sheep he left ten behind as they were in poor condition. Witness also gave evidence rs to finding the sheep on Hood's farm. Harold Horace Hood, farmer at Mount Somen;, said that Thompson owed witness's tons about £2O for wages. Witness valued 28 sheep which Thompson had agreed- to give him in settlement of the debt. They were branded by witness but le'ft on Thompsqn'a property, as it was agreed that if tho latter raised sufficient finnneo, the debt wan to ho paid in money, tho 6tock being retained by Thom i>son. Cross-ixamined, witne&B Bad that he did not actually take delivery of the shoep. He did not, know who put them on his property, whore they wcro found by tho Association's agent. Mr Wilding said that charges of the nature of tlio one against the accused had hitherto been rare. - Tho bection of the Chattels Transfer .Act was designed primarily for (he protecton of (ho creditors, whoso rights must be recognised. There were, however, conditions also for the protoi'tion of borrowers. Counsel submitted that as the sheep at tho timo were still the property of Thompson, subject to tho Tights of the Farmers' Co-operativo Association, tho jury had to be satisfied that the accused intended to steal from the Association. The first, defcnco was that no dshonest intent had been proved, and the second that the sheep were not covered by the Farmers' bill of Bale. Evidence would be adduced to show that 26 sheep were supplied by Mr Samuel Miller and that there had always been two separate flocks, the main flock and a smaller flock of "killers." There was, counsel submitted, no evidence that the security had been impaired or that delivery of tho sheep had been mad© to Hood. Thompson was actually absent when his eon, aged IG, on his own initiative, removed the sheep, which included some pet lambs of his own, to Hood's farm. He did (his when the Parmors' Cooperative Association agent said that ho intended to take all the stock off Thompson's farm. Samuel Miller, farmer, pave evidence that In inni ho supplied Thompson with a number of sheep as "killers." These were kept on Thompson's property. Alexander Richard Thompson, 16 years of ar;c, a son of tho accused, also gave ev i" flonco. The jury retired ot 3 p.m. and returned Rt 3.18 with a. verdict of "not guilty," the prisoner being discharged. CHEHIST ACQUITTED. George William Bettle, a, chemist, of Christchurch (Air A. H. C&vell, with him Mr N. E. Taylor), plcadod not guilty to a charge ; of attempting .to procure abortion. The Court w&s cleared during the hearing of the case. After ;l retirement of 15 minutes the jury returned with a verdict of "not guilty," and tho prisoner was discharged. THEFT CHARGE. A charge of breaking and entering the shop of T. Armstrong and Co. and committing theft therein, was 'preferred against Thomas John Morris (Mr A. B. Hobbs). He pleaded rot guilty. The Crown Prosecutor said that on Saturday, N ovcm :>cr 26, the shop of Armstrong and Company was closed at noon. About 4 o'clock a cleaner named Huesey found the lock on the back door broken. He investigated. and found a man standing in front of tho tobacco counter. The intruder made liis escape, and ran down tho lano toward Tuam Btreet. Hussey pointed the man out to a constable, who detained accused. The latter denied having entered Armstrong's, but was brought back by the constable and identified by Hussey. Two packets of cigarettes that wcio found in the possession of" the accused were identified by the saleswoman in charge oi Armstrong's tobacco counter, as they boro the price, marked in blue pencil, in her handwriting. The accused later made a statement to the police, in which he said that tho cigarettes had been given to him by a man at his hotel, and that he had liot been in Armstrong's thai day At 6 p.m. the Court was adjourned till this morning.