ALLEGED SHEEP STEALING.

Clutha Leader, Volume XXXVI, Issue 48, 26 November 1909, Page 5

ALLEGED SHEEP STEALING.

CllAiiG'E AGAINST ME. -N'OT (JUILTY. At the Criminal Sittings of the Supreme Court in Dunedin this week, Wm. Johnston, line was placed ut the bar charged tj la t on a (e.tSin date between the 15th June and the Ist September, at Warepa, he stole two 1 sheep, the property of Henry liobiuson, of Warepa. Accused pleaded not guilty, and was defended by Mr Ilanlon. Mr Macassey appeared for the Crown. The case was concluded on Tuesday. Evidence was given as at the preliminary hearing at Bnlclutha, and also some additional evidence.

Thomas Gilmour, stock inspector, said he should say that the skins produced were those of sheep that had been bled before death.

To Mr llanion : In an ordinary slaughtered sheep lie would expect to tint! nior.e of the neck left than was left on these skins. He saw no sign of dog-worrying on the fleeces, but (he marks would depend on the amount of light that ' the sheep could put up.

John Kerrigan, veterinary surgeon said straight out that the two skins came from sheep that had been bled. There was nothing to indicate a worrying by dogs.

To Mr .Ilanlon: It was not possible to say definitely that the bleeelmg was not the resuft of elejg bites, but the appearances were such as to indicate that the sheep had been weli bled.

Alexander Phelan, skin ami wool classer, employed by Dalgety and Co.. said (hat the (wo skins produced were those of bled sheep. lie-had no doubt about it whatever. The third skin produced was that of a fallen sheep. Cross-examined by Mr 11 anion : lie would not say that there would be any difference between the skin of a sheep that had been worried by a cloy and that of a slaughtered sheep. Re-examined : There was nothing to show that they had burn worried by a doo-. There were blood stains to show that the damage had been done to the necks of the sheep. The witness Kerrigan, recalled, said that there was no indication that' th: sheep had been worried by a dog. I'-verv indication pointed to them having beeii bled.

Cross-examined: Thev looked like sheep that had been bled by a knife, but he would not swear that thev ha<i not been bled by a cloy. Mr .[(anion, addressing the jury, said it appeared to him to be a ce.se of extreme simplicity. He did not think the jury need trouble itself about considering (he indictments separately, because there was nothing at all in the second count, in this way : if the man received die skins knowing them to have been stolen it meant' onlv that, as he had admitted these were the skins he- had taken from the sheep, he must have stolen the skins <>» the sheep, The question was. Did he steal these sheep ? and he (Mr Jlanlon) submitted that the jurvwould have no difliculty in finding that out, because there was no ev£ dmcu whatever to justify ativ jury in concluding that this man stole the sheep which he had been charged with ■stealing. It was true that, in order to support the-ease, a large amount of expert evidence had been called. They were told that the heart acted ns a pump, but it would take a lot of. pumping to pump a conviction into the .jury's head. The necks were not there at all, so it was impossible to say how much blood there had been in the neck part of the skins. The skins had been cut off at the shoulders. Counsel then reviewed the evidence, and commented on the fact thai) as soon as they got hold of the man they asked him what about the sheep missing from Robinson's, and he said, ''l did not know there were any missing." Robinson's brand was on the skins, and this so-caliecl thief kept these skins in his possession and left tlm brands on them. Was that the action of a guilty man ? These sheep he (counsel) contended had been worried, and. the skins had afterwards been taken off them,.

Ifis Honor, in summing; up, said thai if uncus,*! was «uilty at all ' it would hi;, ho apprehended, because lie bad slok'ii the sheop-that ho had lulled Ihcm and taken the skins. E\ Honor proceeded to point out to the jury tlurleading points in the evidence The main [joints made by the Crown were that wither of the skins wus the •skin of the lionet .skinned by accused first, »«! that the skins' were the skins of flhoiip Umt must have boon! previously killed by accused. The ovutonoo for the Crown was that llwj two tjkiny ltad bun, blocxioci, Tha

sheep might have been killed by dogs, and in that case the skins would prosent the same appearance us if the sheep had had their throats cut. 'I lie jury retired at .10 minutes to 12, and returned 10 minutes later vvitli/ a verdict of ".Not guilty." Accused was, therefore, discharged.