NAME OF WILY SHEEP THIEF PERPETUATED

Press, Volume XC, Issue 27368, 5 June 1954, Page 3

NAME OF WILY SHEEP THIEF PERPETUATED

MACKENZIE COUNTRY

Arrest At Lyttelton In 1855

INCIDENTS OF TRIAL AND SENTENCE

This history of the Mackenzie Country, written by W. Vance, is a continuation of “The Early Canterbury Runs,” by L. G. D. Acland. and will be published serially in “The Press.”

“About 1910, Mr Acland and Mr T. D. Burnett agreed to collect and publish the history of the Canterbury runs,” Mr Vhnce says in his introduction. “Mr Burnett was to write the Mackenzie Country history, but sickness prevented him from doing this. Both men then asked me to do the work.

“The task has been a long one; but it has been a pleasant one, and it has taken me to every station in the Mackenzie Country, where I have received unfailing help and hospitality. I would also like to thank “The Press,” Christchurch, for, by publishing this history, they have enabled me to fulfil my promise to two of the finest men I have known.

“Every care has been taken to make this history as accurate as possible, and I would be grateful to anyone who would write to me pointing out any errors, or giving additional information.”

Although the Maoris had told the g explorers and surveyors about the t grassy plains of the interior, the early 1 South Canterbury settlers had yet to’t learn of the existence of the Mac- J kenzie Country. c The settlement of South Canterbury began when the Rhodes brothers, in 1 June, 1851, drove a mob of 5000 sheep \ from their Banks Peninsula runs to f “The Levels.” This station of 150,000 s acres extended from the Opihi river t to the Pareota river, and from the c sea to the Snowy Mountains (Dalgety t range). By 1855 “The Levels” had increased e its flock to 24,000 sheep, but the sta- s tion was still largely undeveloped, j In this large area the tall, unburnt tus- r sock grasses grew in their native state, i There were no no s fences, and except for a few out- 1 stations, the only dwelling was the homestead near the coast. One of the ‘ out-stations was at Cave, 14 miles in- J land from the homestead; and at Taiko 1 flat, eight miles south-west of Cave, < Maori shepherds guarded some hundreds of “The Levels” sheep. The price for sheep was rising rapidly, because of the demand of 1 Otago and Southland squatters eager < to stock up their runs, Any shepherd ; who drove a few hundred sheep to ■ Otago would be well rewarded. But ; it would be difficult to get sheep off ’ “The Levels” and drive them down ] . the coast to .Otago. All along that ; l route, the runs had been taken up, i and a man driving such a mob would j soon be noticed. First Report of Missing Sheep - Such reasoning must have given as- ; surance to the owners of “The Levels.” ; It is small wonder then that the report ■ brought by the Maori messenger, [ Hoani Kahu, from John H. C. Side- : bottom, overseer of “The Levels,” to J the Rhodes brothers at Purau, Lyttel- ! ton harbour, caused a stir. “I have just returned from the Snowy Mountains, where I have been to fetch some sheep back that were taken away by a man named Mackenzie,” the report read. “The particulars are as follows:—Last Thursday I » was at the Cave paring the sheeps’ 3 feet’, when Seventeen came over in I great tribulation to tell' me that the Scotchman had taken away the bigger ’ part of his flock, and that he had ’ tracked them as far as Campbell’s i station. Early on Friday morning I 1 started, taking Taiko and Seventeen " (two Maori shepherds) and sure 1 enough we found (a fresh sheep-track, E with the steps of one man ana a dog. “That day (Friday) we followed the track, which was very indistinct for some wav, to the bushy gorge of Pureora. r Saturday we followed the track to a brandh.of the Tennawai. On this day we saw the track of a bullock 0 and another man for certain, and a J third man’s tracks doubtful. I went to * the Cave for and sent for two more hands, and went back to thfe e track, where we camped. Sunday we continued tracking. I sent Taiko back to look for. the two men I had sent L for from Level station, in the afterd noon, and Seventeen and I collared s, our swags and tracked on. e “Just before sundown we came to the pass to the West Coast through the g Snowy Mountains, and on looking •- down, a very abrupt hill, we saw the h sheep and one man keeping them toy gether. I waited for Taiko, and he

ger) records in the book, “Canterbury, Old and New,” published in 1900, how he captured Mackenzie in the loft of a shanty in Lyttelton where Mackenzie was hiding, awaiting the chance to escape on a ship. Leaving two policemen outside the house, Seager entered the loft. This was about six feet long with a ceiling eight feet high in the centre that sloped to within a foot of the floor at the sides. By the light of a single candle Seager saw that on one of the two bunks in the room, lay a man “with the most remarkable eyes I have ever seen. They were ferret-like and so keen and piercing as to give a character of cunning to the whole face. The man had red hair and uncommonly high cheek bones, and from his size seemed an ugly customer to tackle.”

> came back on Jenny just as the sun had set, without finding the men I expected.

Capture and Escape of Mackenzie “I then started down a steep gully, and after some considerable difficulty, persuaded the two Maoris to follow. When I got on the flat below, the man was preparing to turn in for the night, I rode up and collared him (Mackenzie) and tied his hands.

Seager greeted Mackenzie with “Hullo, Jock, how did you get here? Surely you recollect me? We met in Otago and afterwards in the back country.” To this Mackenzie replied, “I dinna ken ye.” Thinking that the clicking sound he heard from under the blanket that covered Mackenzie was the cocking of a pistol, Seager raised his own pistol, saying: “You are the man. I arrest you on a charge of stealing sheep from The Levels station.” At this, the two policemen rushed in, handcuffed Mackenzie and took him to the .lock-up where he was searched. The searchers were surprised that Mackenzie did hot have a pistol, and later learned that he had made the clicking sound with his fingers. Seager said that Mackenzie carried a dilapidated licence authorising him “to occupy certain unexplored country, lying north of Otago and between the east and west coasts of Canterbury." When told of the arrest. Rhodes doubted that Mackenzie could have travelled from “The Lewis” to Lyttelton in so short a time, but Seager. however, pointed out that Hoani Kahu had travelled with Sidebottom’s report in the same time, so Rhodes agreed to come from Purau to the Lyttelton police station to identify Mackenzie. Supreme Court Trial At a sitting of the Supreme Court conducted by Mr Justice Stephen in the Lyttelton Town Hall on April 12, Mackenzie was charged with stealing, on March 1, 1855, 1000 sheep belonging to the Rhodes brothers. The “Lyttelton Times” of April 18 reported that: “The prisoner endeavoured to evade the responsibility of crime by pretending not to understand the English language, and he occasionally gesticulated in Gaelic, but upon the empanelling of a jury to decide whether he was really ignorant of the language, several witnesses proved that they had conversed with him in English, which. 1 at those times, he appeared to under- : stand perfectly. The jury decided the ! prisoner was guilty of ’mute of malice,’ when the Judge directed a plea of ‘not ’ guilty on the charge of robbery’ to be ’ recorded and the trial proceeded.” In evidence John Sidebottom said , he had traced the sheep missing from ; the Rhodes run to a place called Ma- ; nahuni under the Snowy .Mountains, ; and found them in the possession «?f ; the prisoner. The prisoner told him , that the sheep then with him were [ all that he had taken, with the ex- . ception of two that he had killed. He said he had bought the'bullock at Otago for £2O. No mates were with Mackenzie, although traces of u other > men could be seen. After about two » hours, the dogs began to bark and Mac- ; kenzie jumped ud and began to “kohi ” On being asked what he was “ko- ’ he-ing” for, Mackenzie said that they were his mates, but that witness need t not be afraid, they would not hurt him. I Sidebottom would not wait any longer and made Mackenzie pack his bullock j and lead it. On their going up a , steep • hillside, the prisoner" escaped, r and Sidebottom had not seen him until I the day of the trial. He could swear . to the prisoner being the same man and could also swear that the sheep ? in his possession belonged to the i Rhodes brothers. i The jury returned a verdict of I guilty, and the prisoner, “after an imr pressive address from the Judge,” was s sentenced to a five-year term of imprisonment with hard labour. [To Be Continued.]

“Being regularly knocked up, it meant camping for the night, so I laid down, and took a feed of his damper, mutton, tea, and sugar. Foolishly I untied his hands, but took his boots away, thinking three were surely enough for him. After we had stopped about two hours, we heard some suspicious calls, the dogs began growling, and the sheep broke camp. Mackenzie started up and began whistling and cooeeing. I had to force him down again, and told him to lie still, or I should be under the painful necessity of administering a bark poultice to his head.

“Thinking it not safe to remain, and fearing the advent of his mates, I packed up and started, making Seventeen, armed with a good stick, walk by Mackenzie’s side, telling Seventeen, if he offered to move, to knock him down.

“I made Mackenzie lead his bullock (which I had forced him to load himself), and up this awful hill we started at about 10 o’clock, by moonlight, but the fog was very thick. We had considerable difficulty in forcing the sheep up, and I, who intended keeping behind our prisoner, was obliged to move off about’ 50 yards to turn the sheep up; as soon as I was at the head of the sheep, the man bolted, and the fog being so thick, we could not find him, although Seventeen caught him once, just after he started, but he could not hold him or manage him, till I got up, not being strong enough and being afraid of the man. Attempted Rescue Feared “I was very anxious now to get away as fast as possible, as I feared he might find his mates, and attempt a rescue ■(which I could not have prevented). We drove all night, and all the next day, bringing his bullock, dog and blanket with us; and the sheep camped about five miles above the Cave, after having been driven about 25 miles (as I reckon) over a rough country. “I went on to the Cave, and Billy went out to Taiko and Seventeen with bread and to stop all night. Soon after I got to the Cave, Stubbs and Jack came up having been unable to find us. I left Jack to help them on with the sheep and came here this morning (Tuesday), and having nearly finished this, intend going immediately to the pah to send old John up with it. “I should tell you I have found old sheep tracks (large tracks of a good mob), leading up to the same pass, therefore I have a strong opinion that this is not the first mob that Mackenzie has driven off. The bullock, some of the men think, belongs to Mr Innes (Pareora station). However, we have him safe at present. “There seems to be a fine plain just at the back of the Snowy Range, and. a first-rate pass through the mountains to it. Hoping soon tewsee more hands, I am, gentlemen, yours to command, John J. C. Sidebottom. P-S.—l should wish you to send down some pistols and bullet-moulds, as I do not think it safe, while these men are about, leaving the Cave without firearms. Nor would I follow men again without pistols myself. Taiko’s dog has come back all.right.”

Arrest at Lyttelton [(Footnote). This report appeared in the_ “Lyttelton Times" of March 17, 1855. The original letter cannot now be traced.] After the report reached him, one of the Rhodes brothers laid information about the theft, at the Lyttelton police station. That evening. March 15, 1855, Mackenzie was arrested. The sergeant of the Lyttelton (Edward Sea-