Resident Magistrate's Court.

Marlborough Express, Volume V, Issue 236, 18 June 1870, Page 4

Resident Magistrate's Court.

MONDAY, JUNE 13, 1870. (Before S. L. Muller, Esq., R.M.) SHEEP STEALING. John Kieruan, a youth about 14 y»ars old, was charged with stealing and killing two sheep, at Wairau Valley, the property of C. F. Watts, Esq., on the 2nd June. He was defended by Mr Conolly. Mr Nelson appeared for the prosecution, and stated that the charge was laid under the 11th section of the Larceny Act, which defined the case to be felony. Constable O’Sullivan deposed to the arrest of the prisoner on June 6th, on the charge stated, but that he did not caution him, nor did he say anything but “all right.” __fipnr.prp Macdonald, manager for Capt. Baillie, who owned '■the'adjoining run to Mr Watts, deposed that on June 2nd he saw prisoner and his younger brother ride past his house in the direction of their own. In the afternoon he went out on a spur overlooking Watts’ run, from whence he could see prisoner’s house; their mare was standing there. Stood a bit and watched, and saw the boy come out and go to her. He then went up the boundary of the run on the mare, and stopped. The younger boy then followed and got up behind him, the dog following ; they kept on Baillie’s side. Presently lost sight of them behind the spur; went up higher, descended another spur, and watched them come into sight; then followed it down into a hollow, and heard the dog bark two or three times. Here he found the mare alone, standing behind a flax bush. After some time he saw a dark figure rise out of the fem and throw something brown-looking off with both hands ; he next stooped down and again threw something light-colored. When he again rose up he went down to the mare, and stooped in the creek. The smaller boy followed, and he also stooped in the creek ; the mare and lads then went away whistling It was over a mile from Kiernan’s house; couldn’t be mistaken about the boys. Went up to where he saw them, and found a sheep lying on her side; it had clean wool, white skin, and ears cut off, but killed in the usual way. It had been stuck in the neck, newly done, belly cut open to the breast, and entrails out; felt her warm; heart, lungs, and loose tallow were in, and caul fat taken out and put back again. It had no brand ; we don’t tar-brand, but Watts do ; looked in . the direction where the stuff was thrown, and found the paunch. Went down the creek and stood on the path till dark ; heard a horse coming down the creek towards me, and went to meet it. It had a large bundle on each side, and a rider. On going near it he wheeled away ; something fell, and I found two sheep close to the path where the horse turned round. Followed the horse and found prisoner sitting on it, and asked, “ Hollo, Jack, what are you doing here?” He answered, “Catching wood-hens.” Enquired, “ Had he caught any, and how many ?” He replied, “Yea—two.” Said I would show him two more, and taking hold of the rein took him to the sheep, and asked him what he said to that. He said, “Nothing.” I said, “ You will have to answer for this, for I saw yon take the guts out of one up in the fern.” He then said there were dogs among the sheep who had worried two. One of them had a C brand. The

witness described the sheep, the place Where found, and his further action with great minuteness, adding there was not a mark of a bite on them. Thomas Mackay, manager for Mr Watts, proved that from what last witness told him he laid the information. Received the sheep and had it skinned, and on a strict examination there was not a tooth mark on it, and bore their brand. The fern was high where it was found, and it was easy to catch sheep there by running them into it. Uriah Blanchard proved skinning and identification of the sheep ; and had never heard of any sheep being worried by a dog. Mr Conolly said he should advise the prisoner to reserve his defence. Were he over 14 he should consider the evidence sufficient to convict, but, being a minor, he considered that should be taken into consideration. The Bench said it was a painful case on account of the youth of the prisoner, who was evidently an intelligent lad, but yet had shown no contrition. He should therefore commit him for trial, and hoped he would be sent to a reformatory. Bail was taken in two sureties at £25 each.