SUPREME COURT.

Dominion, Volume 2, Issue 430, 12 February 1909, Page 7

SUPREME COURT.

CRIMINAL SITTINGS, SEVERAL SEN'TENCISS DEFEllllEp. . When tho Criminal Sittings of thoSuprem© Court, wei'o' resuiU'ed yesterday ; befdl'o . Mr.. Justice • Cooper' it. was found necessary, toliostpono tho passing of sentencea on- several iprisotiers Who'wbro to haVo been brought forward.' ' . - With regard to the case of Edward John Seari, who had been found guilty; of having .forged thb nanie of his .brother-in-law,; W. T. Gilbert, to a cheque for £7, his Honour said lie would defer i sentence until Saturday morning, SO that prisoner-might haVe ail opportunity . to' pertists all.the. documehts at-' thched- tt) the probation .officer's rbpoi'ti Other prisoners ivhd Weto to have been, sentenced were William Neilt John Cormick, and Edwai-d llichard Black, who had beell found guilty-of havilfg.robbed (with violence) Itund Jorgeilßbn at tho corner of Ellice and; Brougham Streets.' at . night. -. John M'Cormick also awaited''sentenco for bed (with violence at: night) Gebigp Rcid in Davis Street;. His Ho'hoUr observed, tliati as M'Cormiek had .still td bo. tried' On other charges ho Wbuld also postpone the -passing of .'sentence', upon all of them until SatUr-. day Morning. It was.also arranged that sentence should be passed on,. Saturday , morning on Rita' May Pat-ton,, alias Partridgoi aliitV. Evans, who. pleaded gidlty on WediioSi day ill • the Magistrate's' Coll tt at Wel Hi) gton to a charge : 6f having'wilfully nlade a false statohient to the Registrar, of Births. : to tho effect that she was married to; JauieS EVaUs at Duncdin on 3larch 10, 189 S. : . ALLEGED SHEEP-STEALING. 1 A NEIGHBOUR'S VENDETTA MENTIONED. Tho hearing of the charge brought against John O'Kebfe, of having stolen thrco ewes pn December 21, 1003, at Otaraia, near Martinborough, was continued. , ~. . , Mr. Myers apeared bn behalf of the Crown, and Mr. Skeh'btt, ILC.;' With'.hini 'Mr; Pownall '(who were- instructed by" . Mr.' J-. Card,' \bf:. Feathorstpn), appeared; on' behalf of accused. : ■f The for .the CroWll,. which was concluded on the previous day, was in effect that tlli-ee sheep and, a lainb; .belßiigiilg- tb Arthur M'aMlri' strayed oh - to' ac'cused's pro^ perty: They were allowed to run in a paddock ' along ivit-li ."a 'lilllnbe'r. of rams, l'our days- beforo Christmas prisoner instructed J a lhan ; haUied Collins, . Who afterwards went ttt -Work." for proseetit6r, 'to kill eiio .of'thb sheep^;:which;he,had:already tied Up. .' Theuj ' trfgain,.6U thb day. before New, Year, prisoner instructed him to.kill tho fatter of the other tW<j sheep. . As:.Collins had'-heard' that tho islieep belonged to prosecutor, he cut the ears off the skill Of the first, sheep ho killed, and them to liobilisbli, tho IHlVnacer bf pTOr. sfeciiter's estate. . Subsequently: .lie; noticed itliati.'the: ears' bn tho qther : been. roitibviS. . Olily; ehb: of'.the skins WaS- fbUiid when' the police investigated, tho inatterl Several, expert witnesses for-;the prosefcution. .deposed that the skin, had been taken, olf ;a" butchered sheep. , ~V , Mr., Powiiall, who Opened the., case, for.thedefeiice, said that a feud had, existed between the'..parties, for liiany, years; It was known iri ;th6.distrie¥ ttS ."the 1 Otaraia vendetta. 1 '; Some .20 y?afs, ago Martin - ilpucbeSsfjilly charged;; 6 Keefe' Witll .haying Stolen: aii iroil pOt ..V&med at;.,3S.', and hll arsenic, bath/worth the 'Same ainbtiyit.' . I'lvo' years latbr. Msvrtin' liid .ay,charge } against. O'Keefo '; of.-' • ' steaiihg,: but . ' tllo -case Was the Magistrate holding that a: priina fhclb. caSo had ' hot-. beeh . mado: out., ■ ; Then aghin .16 tnbnths agb ..O'Keefo ;Was tried in the ,SIU pronio Court oil a charge of Sheep-stealing, .'but was acquitted, ,Since;Rbbilisbli Vvhs.ap'pointed manager, for Martin' 4„ years- ago matters .had,', it; was alleged) become' warmer ahd .warmer - for. O'Keefe, '-'who -'.ivas: ."eallod upon, to defend; civil actions. - At' tho bottom 'of . the present, prosecution: was Robinson,' who had,' it was stated,;:declared.-;that ho> . Would get\ O'Keefe .into.'gaol. by.; fair means or ; foul. The case for. the dbfenbo was.thixt,' • ihvDecoittber, O'Keofo; iilstriicted .Colliils: to. Itill sheep,out of'his 'OWii flobk.«. O'iCeefe af ? '. terwards saw tho Whieh;;Were those of shorn sheep. It was true that tho skins had since disappeared, but O'Keefe ebxtld hot be blatr.ed for that. : William G. Taylor, : . veterinary surgeon, Maitettohj'gSttttined:a sheepskin, which .Was! ''produced.: -This Was tho skin which: the, jirilieipal witness for. the' prosecution stated -was taken - Off Olio of prosecutor's, sheep which prisoner had instructed'hini-to kill.. Witness asserted emphatically that the. skin had beefl : taken oft 'a "dead"- sheep. If it had been taken ; > off. a hutchercd -'.sheep, 1 ahd'' had: ' : ''|SiVoated,!'i tho discolouration would'. liavo hfcen", more regiilar,:, the Wool less flrmj alld tho fftt not ih such a gOod state. Evidence : ill support of tlib allegation that; the skin had been taken off a cast or ''dead" sheep was also-given.by Alexander M, Brodie,. veterinary 'SUI-geOh A.. A.; ; Nai'bery, fahnor and butcher-; -Hugh Long); master butcher j B. It. liaynor, farmer; Will. Buokeridge, farffier;' tthd' 6;Sihitli,'-fftifflct ahd retired .butcher./ ; ;: yv"'':v ;■ I'hos. Flyhii,' farmer, .Dyer: settlement, teS-; tided * that -ho went te' O'Keefo'fe ; iilabb on December 20/ in company with, Mr. to ;pUrchivso a' line,of. lambs.His . Was drawn'to a sheepskin on a picket fence, Which : Mr'.-;libwd'6 dbg started to; pull about.: 11l His opinion it was a shorn skill. After _ ihe dog had gone for tho Skin a sccoiid tihie, and • dragged it from, the fence,' the accused trolled; it ( ,up; arid placed it. in'; a. buggy : In oross-exahiination by Mr.-MyCi'S,' Witness statbd that he could liot' - say . 'pbsitivoly whether the, Skih was a Woolly, bno or not, ■ : Corroborative ovidbuco was given, by Jas. 'Nathaniel LbWe, farrier,. whoAVoUld.llot,sWcal' as to whether tlm skin was shorn Or woolly. In broSS'eSaniihation by 'Mr. Myers; Witness said, hoiflrst had a conversation with 'O'Keefe with . regard 1 to the matter' at:Masterton, in thb: middle :of 'January,' as>hoi Was. oiv hiß way;home from Hastings. c'. • ; : ' . Jasi -Wuli-Gibsou, flaxmiller. and-contractor,; 'who. lives -on'the other,side'bf';thb;,river frotti O'Keefe's place.'deposed,^^in'-ansWer'to Mr;'. Skeri'ett,. that lie paid a visit to O Keefo'S :house oil- New.dear's,:Evc, :when he. passed. dressing a : shebp. Whilst witness was thero ail Irish terrier started: Worrying: ,a shoni 'iskili that was on . the - fotieo-.., in j O'Keefo'i yard. Accused took tho skin from the dog - and put,it on the, gate. 1/ Tho first ;td Speak to hnn aboiit liiS cvideliCe had been Detective Cameron and Constable P. Wariteford. ' , , John Edwin Palmer, manager of Pirmoa Station, who had been in; Martin's omploynlont for nine : months:, previous.: to last Saturday : .week,' : gave ..'evidence,: that lie Was, instructed to go through the sheep on O'Keofe's land at last docking time and did nofcj find any of. his etnplo.Ver's sheep, amongst-them.i'. :i Accused told; hitti ho |,could go upon his property at any time. , , : Tho prisoner elected to' bo examined ■ on' his own behalf, and stated, in answer to ,Mr. Skorrett, that lie had resided oil his Otaraia property, for abbut twonty-ilve years, He had -Mcli; prpseOlitpd. by his neighbours about a dozen times: during tho_ past tWenty/yettl'S, His evidoneo in the Inairt supported that of. his own witnesses, and amounted te a denial of the charge. t . Ih broSs-examination,;by, Mr,/Myers, prisoner said ho-had been prosecuted by only one otliet\ neighbour with tho exception of Mr. Martin; viz.,.Mr. Coleman Phillips.' He ad.mittod having been convicted by tlie-ihagis-, ti;ato of having thrown a gun belonging to Martin's nephew into, a lagoon. , He 'Was ,ac- ; customed to kill three, or four sheep each fortnight; sometimes two a week. This concluded the evidcnfcbi .. :: -Mr. Skerrott, in: addressing the jury for tho, defence, compared, the case to that of •Naboth's vinovard. He roviowed the oVideheo at some length, and.said'ho did hot kiiow,in his 'experience; of a case of so grave aiid serioub a character having been Weseuted to a jilry oil less 'satisfactory evidence., :It Was

thio that his client had bren jirosconted by liis neighbours frequently, btat.it was equally .ti'uo ■ thnt these prosecutions had failed—— every .one.: v " • 1 ' Ml', llvora, rciilyltig for the Crowii charrtetdriserl tno explanation giVon by the accused, on the search warrant being executed, as decidedly unsatisfactory./ . ' ills Honour, Jn summing up, told tho jury that the admissions made by . Collins, the principal for tho Crown/ us to Ilia past character,. gav'e reason for scrutinising l his ovidence vory closely. If tho ]ury camo-to thd ooiiolusioii. that O'blliM'j svidetoo .wat

not to bo believwL and that the skin in fltiestion was a "dead", skill, there was, an end to tho caso for the prosecution. ✓ Tho jury, after a Quarter of an. liuur's deliberation,. aco.ltittod the prisoner* • There was somo ajiphiuso in Court, which fras immediately suppressed.. Hi» Hoiioilr expressed the opinion that it Would bb hopelesa for the: CrOtyn. to proceed With tho second base against thb_ accused, iii view of the evidoilco adduced thefe that day, and tho verdict of the jury. It would be useless for the Crown .to:expect a'convic--tio'n-in the second ease. /'/, /-/./.■>/- ; Mr. 'Myers said the ustial practice would be followed, of infcimntiiig at a later .stage iVliat' 'ooitfse tfould be adapted ill regard tO' tho other case. Tho 1 prisoner was allowed out on Ins own recognizance, in the meantime. ■ The Court adjourned until 10.30 this lhbrlii'ng. ; ' ' -■ ' . ' ~ \

CIVIL SITTINGS. ' CLAIM FOR CARTAGE. • The first cas,b. oli -the civil, list /was taken by, Mr. Justice Cliapman yesterday morning. Tt was a'Claim of £285 131 Bd< bv O'Brien Brothers (carriers), Wellington,-for carry-; ilig .alleged t6 have b&cft dorte on behalf ftf :J. /W. Easson .ahd. Co. (timber nierohants),/ Ifilbirnio alia Wellington. Mi\ Gray appeared tor plaintiffs, and Mr, Johllst<in for dqfeudantfe. . : Tho Statchieftt of claim sot out that , tho defendant hifod tlie plaintiffs as carriers from' JahUary 2'to Juiie 20,' 1808, aiid .for.'a further period fronl. Aiig'USli 11; td August :15',, IDOS,' Duril'ig thbso'periods the'plaintiffs pefforined the duties required) aiid .thtiro .was. now ' due to theiil £285 18s., Btl., \ whichamount had not been' paid. Frtmi JUilo 20 to August 15, : tho defendants titoe llired at a weekly salary of £12i Tho tthiount duo for these services had been/paid, but on August 15, defendant, without illy eausb, termlhiltedtli6' contract without,giving the plaintiffs notice,, and without > paying' any Amount" in lieu', .Of notice. Plaintiffsafeked judgmoUt 13s. Bd.. and for an Additional sUfo Of. £12, on account of- the defendants wrongly :Wmiiiatilig :i&b contract. ,/ .V- ; " / :, Z , In the defencfl, it waß Admitted >that ,de-' fßndallts eUlpl&j>ed Jjlaintiffs : from. Jafilhary. 2 to June 20, and from August 11 to August 15, • but they denied that the amount claimed was the remuneration/agreed upon.-'. Defend-" ants.also. deilied the hllegfttiori that thd'coiitratit hid befen-t-el-hihijitcd without; ftotico or:. \vitliout' payment 1 in .lieu, thereof, and stated that the plaintiffs requested tliom to. pilrcliasD' twoydf their, carts -,and : teams,'that .these. Were/taken'on trial, and -that plaintiffs, > l ere paid ' £1/ per day per team. :' /They, denied that : thfe'. afriingfement' had ! beeri wrongfully ,6r tliit,' any nOtico wai.dUo / to..the, plaintiffs,v'and); whil&.'admitting. iio liability) ivcre prepared to flay t)ie. sttm Bf; £217: Bs. 2d., whitili they considered sufficient to Batisfy:,th&, plaintiffs' claims. / :1 v . :. Mr. Gray pointed Out'ihst, d^6ndants'had already paid iiitb Court the'Stim' of. £217'.'85.' 2d.,' so that the.amount,,actuallyi'iri 'dispute w'as not a .large ono. Defendants had bemi vfery obstihato. in .the matterj although they had been invited J, to. pay'somethiiitV:bti, h'ecottht 61. the Undisputed portion of. the clairil,' they- had declined to do so, Several of tho litems iu the .claim of £2'85 13s. Sd. were disputed. .:.■;/ "■■■'., ■'■ ;/ :■/ ; Mri VJbhhston sftld .that''efforts/ had/ been riladb' ;by defendants to :settle"tho "case,'- bilt pidihtiug Had llbt' ihet ■'theft! 'in : it like:ttMn6i\ hot olio -for' tile- SiiprfeinS C^urt.' ; Ths : Cbuft: waa : biiSiness :fio'Wi and thft matter Olio eitheJ ;f reference Or .to be tried before a magistrate. ' , , 'J-hO caa6'''w^v'.r6f6rrM|/'iihd4t^ : Seotf6ii/14' of ; the 'Arhitrat!6n/,A6t to ' the trar for a special report. :v':