SUPREME COURT.
(WEDNESDAY, MARCH Ist.)
(Before His Honor Judge Sim.)
ALLEGED SHEEP STEALING.
The hearing of the charge fgainst Hugh Marshall of stealing 50 sheep the property of John McKinnon. at Wairoa, on September 26th, 1910, and 16 sheep the property of Stephen Thorpe, on the same date, was continued this morning. In reply to Mr. Lusk: John Murdock McKinnon said he had procured a verbal notice from accused of intention to muster 29th October. He had met Marshall on the road when driving cattle. Accused mustered on October 29th, and one of witness’ sons was present. They got some stragglers. There were no sheep claimed by his son which had since been claimed by him. The wet ewe which he discovered in his own yards on 28th October was turned out again, and he could not say if she had been brought in again. That was ths only sheep bearing that particular earmark, and no one but himself had seen it. He could not say if it was amongst the sheep seen at
the police muster. Some of the * six sheep he had picked out must have been amongst the muster. Marshall, on 29th said that he had bought sheep from Crerar with neighbour’s earmarks. Witness knew Marshall had purchased sheep from Crerar. He knew from common talk that Crerar bought European and Maori sheep. He had Marshall’s punch in his possession for nine or ten days. He waa advised at the brands office to go to the police. Marshall’s country was hilly, but mostly clear. Witness, his son and man examined the sheep. He had not seen any marks in the district like his, except one belonging to Mrs. Vaughan. The sheep he saw on November 9th and 10th bore traces of his earmark. He did not think those traces consistent with bearing other than his earmark. Ths doubtful sheep accused held l.e bought from Crerar. He estimated the length of time which the sheep had been marked at in one lot at one month to six weeks, and in the other lot ten days or less. He did not remember accused saying that McMillan said he thought the sheep were those bought from Crerar bearing Somerfield's earmark. He had sold four and sixtooth wethers. There were 19 sjxtooth, 7 aged, and 9 f.m. ewes amongst the 46 sheep in the Court yard. So far as he knew he gave all sales of sheep. In 1908 he sold SOO hoggets to Jefferson, and on the same date 400 old ewes. It was possible 4 and 6-th ewes were amongst the culls. He had heard of no loss of this mob when being driven home by Jefferson. The hoggets would now be six-tooths, mixed ewes and wethers. He supposed these sheep would answer to the desorption of the sheep now in dispute. In 1910 he also sold Jefferson cull lambs. He would be very much surprised to hear that; the cull lambs took five first prizes at the Wairoa Show. He had sold 500 4-tooth sheep in March, 1910. to Powdrell. He would be surprised to hear that any of these sheep bore the scalloped mark. He knew that Maoris ran a number of sheep in common and different private marks were used. He knew that there were two, four and six-tooth sheep amongst Powdrell’s lot. He went to Nuhaka and found his clean earmarked sheep on that pro-; perty, but did not claim them. He
had not bought sheep for four years. Dealers in many cases did not earmark sheep, as they wanted
to turn them. over. Accused's yards were in full view of the road, and witness had seen him at various times working sheep there by himself. He supposed he had said this to arouse suspicion in the minds of the jury. Other people were passing up and down the road, and accused w 011 Id be a
great fool to mark sheep ther~. The sheep were marked at different times. He had heard (Jtcrar did not mark sheep. To Mr. Williams: It was usual to earmark sheep when purchased. In February. 1909. he sold -MO wethers, all ages, to Mr. Twigg. It was his custom to young mferior sheep in with old culls. He had been drafting all his life. He did not claim the sheep at Nuhaka because they were from the lines he sold Powdrell. John Anstice. station hand, said he worked for McKinnon. He was present when mustering the stock. They picked out stragglers, and found one with altered marks which had apparently been done about 9to 10 days. He had worked for McKinnon as rouseabout for five years. The ears of the sheep with* altered marks were quite scabbly. and bled when touched. He took it that McKinnon’s mirk had been altered, and Marsl -ill s put on.
At the police muster they went all through the sheep and drafted out all those with tampered earmarks. The sheep he found had been treated similiarly to those found at home. The sheep were from four to six-tooth and old sheep and one hogget. Witness remembered seeing the accused on the 26th September, in company with Robert Miller, driving a mob of sheep along the Wairoa road. McKinnon’s fences were all down. Witness had seen, sheep on the road. There was nothing to prevent sheep becoming mixed. U itness remembered the sale of some two-tooth wethers last year. There were other sheep sold, but he was not present. Mr. Jefferson and Mr. Bailey bought some cull lambs at the Kiwi station. In witness’s opinion, the mutilation on the ears of the sheep was done 'with a knife. He saw sheep at the Wairoa Court; they were mixed, but he supposed they belonged to Mr. Marshall. Witness examined one or two of the sheep. One had a back quarter taken out of the ear. This was explained as being done by a dog. He thought that it had been done with a blunt knife. There was also another sheep which Mr. McKinnon claimed as his. The original earmark had been, without doubt, Mr. McKinnon’s. To Mr. Lusk: He was not a sailor, but was brought up on a farm in Australia. Witness was a rouseabout, and did anything he was told to do. He saw sheep in the yards at Wairoa, and was quite certain a dog could not mutilate the ears as shown in the sheep mentioned. Witness handled the sheep’s ear, and it began bleeding. He thought from this that the ear had been cut about 11 days previously. He had but little experience in earmarking. All the earmarks in this flock were “ similar with differences.”
Stephen Thorpe, residing at Wairoa, stated he had been a sheep ; farmer for 40 years, and remembered McKinnon’s docking at the beginning of November. Witness ; would not say how many sheep belonged to McKinnon’s. He noticed ; one sheep in particular that api peared to have its ears tampered I with. Knew McKinnon’s earmark | In the sheep that he saw several [ bits had been cut out. The one I mentioned appeared to have been ‘ done recently. Witness remem- : bered being at Marshall’s yard at ‘ the police muster. He saw sheep : with their ears mutilated. His own ; sheep--mostly 4-tooth wethers - ! had enough of his earmark on for • him to be able to identify them. Mr. Marshall’s eaimark was also on them. There were 15 or 16 sheep altered in this way. In his opinion, he thought that the ears might have been z tampered with I about three or four weeks ago i At the police muster he saw about 150 sheep claimed by McKinnon. | These appeared to be freshly ear- : marked by Marshall; there were ! traces of McKinnon’s earmarks | also. At the Wairoa Court he saw I several of these sheep. Witness s • property bordered on the accused's. ! Witness claimed several sheep, and I these were taken possession of by ; the police. His fences were not in a good state of repair, and it was ' quite possible for sheep to get into the road. Witness put ruddle on his sheep, in place of an age earmark. The majority of the 16 sheep bore his ruddle mark on the shoulder. On his way home he examined the earmarks of some sheep on Walker’s station. Witness claimed them, as they bore his I earmark, and also his ruddle mark. Witness castrated his rams with a cl imp. Two of those which he claimed were castrated by the clamping method. No one else in the district castrated in this wav.
Mr. Lusk: It is to be hoped they don't. Continuing, witness said he had not sold two-tooth sheep for several years. Witness sold about 200 lambs and old ewes to a Maori. He had never sold sheep to Marshall. to Cravar. or to McKinnon. He had. not given Marshall or any one else any authority to alter his earmark. At that time each sheen was worth 15 -.
(Left sitting.)
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https://paperspast.natlib.govt.nz/newspapers/HBTRIB19110301.2.61
Bibliographic details
Hawke's Bay Tribune, Volume I, Issue 67, 1 March 1911, Page 8
Word Count
1,499SUPREME COURT. Hawke's Bay Tribune, Volume I, Issue 67, 1 March 1911, Page 8
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