ORMONDVILLE MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume I, Issue 53, 13 February 1911, Page 11

ORMONDVILLE MAGISTRATE’S COURT.

ALLEGED SHEEP STEALING. : THE MORRISON CASE. ! SATURDAY, FEB. 11. , At the Ormondville Magistrate’s | Court yesterday, beiore Mr 3. E. M*Carthy, SAI., Donald Morrison, of I Makotuku, was charged with, on De- : oemcr 31, 1910, stealing 340 sheep, the | property of Jonathan Holden, valued | at £234, and with stealing 77 sheep, valued at £53 14s on January 1, 1911, and with stealing with one sheep valued at 14s, the property of B. Waldron. The police were represented by lispector Hill, and Mr E. Hosking appeared for the defence. A plea of not gndty was entered. The witnesses were ordered out of court. S. T. R. Sharp, clerk in the Stwk Office, Napier, produced a copy of the ear-mark registered by J. and T. Holden on December 2, 1899. The return made by Morrison last year- showed the earmark used; also produced Holden’s sheep return. Jonathan Holden depsoed that he was a sheep farmer residing at Makotuku, and was a member of the firm known as Holden Bros. They had a registered earmark; witness' property and that of accused joined; made a return of the sheep dipped every year to the department, in February last turned out 2400 lambs of mixed sexes in a paddock; on the boundary fence between accused's place and witness's were two gates and a slip rail. Ilpon several occasions last winter found the gates open. Had the slip rail wired up on one occasion; finished shearing on October 30 last; received a complaint in regard to the sheep from Enson, one of his shepherds, on January 12 last; examined some sheep and they bore traces of the earmarks having been altered. These sheep had a registered earmark on them when turned out, but it had been tampered with after being turned out. Examined about 16 and found the earmark ha dbeen tampered with and accused's earmark put on the sheep. Accused .gave witness permission to muster his sheep; complained to the police before the mustering took place; accused and his three shepherds were present st the mustering; made an examination in accused's own yards of the sheep mustered; packed 48 sheep out of accused's lot; knew them by witness’s rr girtend brand. A number had altered earmarks, but traces of witness's earmarks could be seen; the cawmark as altered showed accused’s

earmark. There was no further muster that day. The second mustering took place at accused's wooished juda; accused, Constable M*Leod, and tne three shepherds were present; examined the sheep with witness's shepherds, and found 300 sheep belonging to witness in this muster; a number of the earmarks were not altered, but over 200 had the altered earmark on; found that the earmarks had bom altered eight or ten days, as the ears were not properly healed and blood stains were still on the wool; witness's sheep had the wool growing on the earmark; at the first muster aaked accused if he claimed the sheep with the altered earmark, and accused aaad “Tea.” Accused said that he bought about 300 mixed sheep at the NJK. Loan Co’s, sale at Makotuku; accused said theae sheep were sold on behalf of the Maoris at Takapau. The sheep found at both musters were taken to witness's homestead, and have been in his custody since. A third, muster took place on January 24 or 115, and he found another 45 sheep belonging to witness; his (accused’a) attention was particularly drawn to a wether in the mob; the earmark had been altered; this particular sheep witness bought as a ram in Gisborne last year. The 45 sheep found on ac- J cused's place in January he (witness) took possession of and put them on Ida section with the other sheep taken etf accused's place; Frank Avison and Clark were at the third mustering. At this mustering was shown a sheepskin (produced). This skin had his earmark, and also the accused’s earmark. His (witness) earmark had not been tampered with in any way; recognised the skin (produced) as his. The only sheep witness sold to accused were two old Lincoln rams; was present at the Makotuku sale yards on November 31 last; knew that accused sold sheep on that day, but witness did not examine the sheep. Interviewed Detective Hill on January 30; went to Mr Godfrey's farm at Bunnythorpe on that date; examined the sheep Mr Godfrey mustered, and found 54 sheep with witness’s earmark on; went to jfaacton on January 31, in company with Detective Hilf; went to Mr Ea- . ton’s farm and examined some of the

abeep; found seven with his (witness’? earmark altered. Amongst the sheep in the court yard one belonged to Ben Waldron; the balance he claimed as Ide* (witness’) own. Accused had no authority to alter his earmark, nor any one else. Accused is a relative of witness. The sheep taken from Foxton and Bunnythorpe were all lambed in September, 1909. Frank Arison deposed he wes a shepherd in the employ of Jonathan HoMfon at Makotuku. Knew the accused Donald Morrison. Remembered January 7 lost. On that date wws mustering fat wethers cn Holden's farm behind accused’s property. Found two of the rails in the sup panel* of the boundary fence down. Three days before Christmas found the rails wired and stapled. Knew the earmarks of Hedden and accused. On the date in question noticed nothing particularly about the sheep mustered. Two days afterwards made an examination and found several of accused's sheep amongst the number mustered. Run them mao the yards. On January 12 made a further examination, and found traces of Holden’s earmark tampered with. Did not then know bow the alteration had been made in the earmark. Made another muster about a week after January 11. and found three more of accused's sheep. Had

a muster on accused's property on January 23. and found 314 sheep with destroyed earmarks. Another muster took place on January 26. when he secured 45 more sheep with altered earmarks. Thought some of the alterations in the earmarks had

been made about three weeks back. All the sheep were banded over to Constable M*Leod and Holden, and they were subsequently removed to the latter’s farm. Noticed a wether among the number wliioh had been recently castrated. The wether was i now in the courthouse yard. Had J been in the employ of Holden for j about 3j years. Knew where Hokien , turned Iris weaners out. Turned out a number of sheep for Holden after shearing adjoining accused’s property. Recognised the sheep in the courthouse yard as those turned out on Holden’s farm when weaners. Had no knowledge of the accused purchasing any sheep during tite past three years. Was present at Holden’s ya.rds on January 27. AH the sheep with the clear “W” earmark were picked out and counted ; they numbered 340. Was certain they were Holden’s sheep. Donald Munro stated lie was u sheep dealer residing at Palmerston North. Remembered November 30 last. Was on that date at the Makotuku sale yards. Purchased 226 ! »heep. two-tocths. mixed sexes. ! Trucked them to Palmerston North and subsequently turned them out on I hit property for a week or two. Drafted the wethers from the ewes, and sold a portion of the former to Mr Easton, of Foxton. This was a few days before Christmas. Sold them with a lot of other wethers. The remainder of the purchase were soid through Dalgety and Co. at

Palmerston North about the middle of January. Did not know the purchaser, and met him afterwards on, the road. Now knew the purchaser’s name—a Mr Godfrey. Saw the sheep sold that day in the courthouse, yard. Frederick Spencer Easton said he was a farmer residing at Foxton. Knew David Munro. Purchased 325 sheep from him on December 20. They were two-tooth wethers. They bore three or four different kinds of earmarks. Drove the sheep to his farm. Remembered January 31, when Detective Hill and Holden came to hie farm. Mustered his sheep on that date. Holden examined them, and claimed six of the 118 yarded. Remembered the earmark on the number picked out. Had since January 31 mustered the remainder of his sheep, and found 17 bearing a simitar earmark to the six picked out. Had since seen the sheep in the courthouse yard. The sheep were trucked from Foxton, and consigned to Detective Hill at Ormondville.

Richard Godfrey deposed he was a sheep-farmer living at Bunnythorpe. Knew D. Munro. Purchased some sheep on January 19 from Dalgety and Co., Palmerston North. Were sold on behalf of D. Munro. The number comprised 152, and were twotooths, mixed sexes. Afterwards drove them to his farm. Remembered January 30, when Detective Hill and Holden visited his farm and Inspected the sheep. Holden ctaimed 51 sheep among his flock. A portion of them was bought from Dalgety | and Co. Remembered the earmarks j on the sheep. Put a green wool ! brand on them after their purchase. : A green dot was put on the sheep i when Holden claimed them. Truck- r cd the sheep from Bunnythorpe yested ray morning, the constable con- • signing them to Ormondville. Agaan siw the sheep to-day in the coirrthouse yard. Thomas Reed deposed: Was a far- . mer and sheep dealer residing Mar- j kotuku. Knew Jonathan Holden . and tile accused Donald Morrison. Remembered January 27 last. On that date was asked by Holden to ex- I

amine some sheep; dad so; the sheep were in Holden's yards; Constable M‘Leod, Detective Hill and Holden and Arisen were present when he made the examination. The sheep, were in two different yards. There i were about 50 in the first yard he exi amined. Knew Hoklen’s earmark [ and also that of accused. The sheep I bore the earmark of the latter. There \ were other earmarks on the sheep besides that of accused’s. The sheep were of different sexes. In the second yard examined there were more than fifty. Examined each sheep carefully. A number had blood on the ears caused by earmarking. The marks bore evidence of being done recently. Would say that tlve ears had been previously marked. Counted the sheep in the two yards and the total was 340. Knew the earmark on Holden’s rams. Saw one ram amongst the 340, and on examination found that it was casterated. It was still bleeding. Had portion of Holden’s earmark. It also boro accused’s earmark and another whom lie ; did not know. C. J. Aamett (for N.Z. L. and M. Co.), T. O. Kerr (for H.B. Farmers), and Harold T. Russell (for Williams and Kettle) gave formal evidence as I to tiro transactions of accused with , | their respective firms. Constable M’Lecd. stationed at I Ormondville, said that on January 21 be went to Holden’s rards beyond , Makotuku. Saw 16 sheep there with ■ their «.”«»mrks somewhat mutilated.

Holden claimed them as his property. On January 23 attended accused's farm after a muster bad taken place. Holden, Burton, Avison and a shepherd were in attendance. Accused arrived at the yards and said to Holden : “There appears to be some trouble, but I do not quite understand what it is all about.” Holden replied: “It is like this, Morrison, I find some of my dheep with your earmarks substituted for mine; you say they are yours, and I say they are mine.” The accused replied: “They are mine alright; they ore some that I bought; I don’t know who from, but the book at home will dhow; will need to look up the earmark.” The shepherd picked out 325, which Holden claimed as his slieep. About 298 of the number had accused’s earmark added to Holden’s old earmark. Accused’s earmark and the altered portion of the original earmark of some of the sheep had to his mind been recently marked. Called the accused aside, and asked him why his earmark was added to Holden’s. He demurred, and did not reply. Asked him then if he had bought the sheep. He replied “Yes, I bought some of them through the Loan Company at the Makotuku yards last winter.” Asked him if he knew the previous owners. He replied by saying they belonged to Maoris at Takapau, and added that lie bought another lot of sheep at Waikopiro through Dalgety and Co., Williams and Kettle, and the H.B. Farmers’ Association. Asked him if he claimed them all as his property. Tlie accused replied “Yes, except the number that were recently marked.” Asked him if he would look up (bis book at home and ascertain the names <>f the previous owners, and also get |Kirticulaxs with regard to the earmarks. Accused replied: “I have not the books at home; they are at Hosking’s.” As he (witness) was walking away from accused he said: “Some friend of mine has done this work.” Interviewed the various firms at Dannevirke the day following. On January 24 at 6 p.m. he arrested the accused at his home. Ma-

kotuku, on a charge of stealing 314 sheep, the property of Jonathan Holden. After reading the warrant to him accused ireplied: “It is an awkward position to be in; I did not think Holden would have gone so far ; I woulia rather be dead than be accused of tampering with the earmarking of another man’s sheep.” On January 26 a further muster took place, when Holden, Avison, Clarke, EUingham, Detective Hill and witness were present. Saw 45 sheep picked out with similar earmarks to those that he had already taken possession of. The earmark on one sheep was quate healed. Aoticed a new earmark, which appeared quite fresh; took charge of the sheep and handeel it over to Holden’s shepherd; visited accused’s woolshed where skins were kept; took possession of one skin. Remembered January 27, when lie attended Holden’s yards, in company with Reid, Holden, Avison, and Detective Hill; saw the same sheep again that day; knew Waldron was also present; Reid made a careful examination of the sheep and counted them; there was 340 in the lot ; the recent marks on the sheep’s ears which accused said he did not claim on January 23 were the same earmarks that appeared on the other sheep, which he claimed; the earmarks on the sheep in the courthouse yard were similar to those on the sheep taken possession of at the accused’s place. Detective Hill, stationed at Napier, said lie was at accused’s yards on Jan-

uary 26 last, and Holden and his shepherd picked out 45 sheep which Holden claimed as his property. The earmark on many of the sheep was mutilated. Was shown some of Holden’s sheep with his ; a number of them came in’ with sheep from accused’s paddock; the new, portion of the earmark in many instances removed the greater part of Holden’t, mark; one portion was quite healed, while another was raw and bleeding; a long slit on the off ear was bleeding ; there was also the “W” in the near ear. A number with the long slit were not interfered with in any way, but they had a quarter taken out of the off ear. The sheep were taken possession of and handed ove> to Evison (Holden’s shepherd). On - January 27 went to Holden’s yards; m all cases of the mutilation of the ear the sheep were old; the alteration on the 2-tooth sheep was the same in the old sheep, but healed, showing that the marking had been done some considerable time; went to Bunnythorpe, in company with Holden, on January 30, and visited Godfrey’s farm; had his sheep mustered, and Holden picked out 54 with similai earmarks to those he saw at Makotuku; witness marked the number with a green dot on the head; on January 31 went to Foxton, and asked Easton to muster his sheep; out of 118 Holden dsitinguished six with similar earmarks to those seen at Makotuku ; these were marked with red ruddle on the head; that was all he and Holden saw at Foxton; yesterday there arrived from Foxton by rail 23 sheep bearing similar earmarks to those seen at Holden’s yrads; another truck arrived with 54, which were taken possession of at Godfrey’s farm, Bunnythorpe; the sheep are all in the courthouse yard. This closed the evidence for the prosecution.

Accused reserved his defence, and was committed for trial at the next sitting of the Napier Supreme Court, to bo held on February 21. Bail was fixed as follows: Accused in £4OO, and two sureties of £2OO each.