SUPREME COURT

Manawatu Standard, Volume LIV, Issue 201, 25 July 1934, Page 2

SUPREME COURT

ALLEGED THEFT OF SHEEP. SENTENCE OF SIX MONTHS. Before Mr Justioe Ostler in the Supreme Court at Palmerston North yesterady, Albert Reginald Hulena, a butcher and labourer, aged 42, stood his trial on charges that, on September 22 and on September 29 last, he did on each occasion steal onesheep, valued at £l, the property oi Mr J. Linklater. Accused, who pleaded not guilty, was not represented by counsel. Mr H. It. Cooper, Crown solicitor, conducted the case for the police.

The jury empanelled was: Messrs W. G. Black (foreman), It. Mudgwav, H. Blade, E. 4V. Charles, C. It. Itobotham, B. F. Bell, N. Leecher, It. E. Freeman, H. G. Bycroft, J. J. Hill, A. Gillies a.nd J. Sharman.

Evidence was given by Murdo Campbell McLeod, farmer, of Ivairanga, a son-in-law of Mr Linklater, and manager of the latter’s farm, that accused was on the farm gathering pine cones towards the end of September last year. There were ewes and lambs on the property. Witness had never given or sold any lambs to Hulena, who bad no right to take any away. They would then be in gcod condition and worth £1 a bead. Cross-examined by accused, witness said that if people were not on the watch lambs could be removed from the paddock at dusk without anybody seeing that action. Thomas Henry Hulena, aged 15, testified that accused was bis lather. Until last March witness was living with him in Albert Street. When witness, with bis brother Laurie, since dead, and a companion were knocking off cones on Mr Linklater’s farm, bis father, who was a relief labourer on Mr D. Oollis’s farm, would come across after work to gather and bag up the cones. His father got the boys to round up the lambs while accused caught one, took it into a plantation, killed it and placed it in a sack and took it home. There it was skinned, the meat oaten and the rest buried in the yard. This happened on two occasions. The skins were sold. His father never brought any skins from Mr Collis’s. if witness and tho others had not rounded up the lambs they would have been punished. Cross-examined by his father, witness said be did not help to put the lamb in the sack.

Percy James Cotter gave evidence that accused, after finishing work, was accustomed to come round where witness and twq companions were engaged in getting pines. Accused had requested that they assist him to secure some lambs, ou Mr Linklater’s property, but they bad -refused. Accused had then threatened him, but had finally secured one lamb in a corner and had taken it into the trees where he had killed it. Accused had then transported, on his bicycle, the lamb in a sack to his home, where he had skinned and dressed it. An episode of a like nature occurred on another occasion. Witness had been warned by accused to state to any enquiries relative to the meat that it had come from Bortlnvick’s. He was satisfied that the bones recovered from the garden at accused’s residence (produced) were those of the lamb buried by accused. Accused: Did you volunteer the information to the police?—No. They came to me.

When I worked at the freezing works did I bring any meat home ? Yes, wether mutton and pork, but not lamb. DETECTIVES EVIDENCE. Detective Barling gave evidence that lie had interviewed accused at the police station relative to the theft charge on June 28 and bad taken a statement from accused wherein lie admitted skinning some dead lambs and selling the skins. The lamb which be had taken home ho had purchased from the Feilding freezing works. He had never buried any bones of sheep in the garden.

Accused: Was it not on June 27, a Wednesday, that you interviewed me first?—No, I first saw you relative to other charges against you. His Honour: You arc treading on dangerous ground. You may force witness to state tho nature of those charges. Tlie cross-examination did not proceed further. Arthur W. Dodds, storeman for Messrs Abraham and Williams, Ltd., gave evidence that lie bad received lamb skins from accused. They had not borne any .sign of having been taken olf dead sheep; indeed, it was evident that they were olf freshly killed lambs. One skill had been slightly damaged on tho neck, with an ear damaged also. Accused bad later been paid sixpence each for the skins.

Raymond M. Collis, farmer, of Kairanga, stated that accused had, together with other unemployed workers, been engaged on liis property. Last spring it had been his practice to go round his sheep twice daily. He had not on any occasion found any dead lambs which had been skinned. It was impossible for him to have missed any dead lambs. This concluded the case for the Crown.

Accused did not elect to give evidence, but made a statement from the dock that there had always been a lot of lambs lost in the drains, and while working there be bad tlie opportunity of taking the skins from tho dead animals, though it might have been wrong. He thought there was no harm at the time in taking them. His Honour said there were two witnesses who, if they were believed, actually saw the thefts and were to a certain extent unwilling participants. That was an unusual set of circumstances. Either they had told tho truth or had put their heads together and concocted a wicked lie. What motive had they for the latter? The jury could judge their demeanour. There was evidence that two skins sold could not possibly be the skins of animals which had died a natural death. Furthermore, there was evidence that tho skinned lambs could not have escaped being seen on tlie property of Mr Collis. Accused’s statement did not add anything to the explanation which he gave tho police. The jury, after a retirement of twelve minutes, returned a verdict finding accused guilty on both counts. Prisoner, asked if ho had anything to say, said ho was already serving a sentence of one month’s imprisonment. His Honour: I knew that, hut the jury did not. His Honour informed prisoner that be understood from the probation officer’s report that accused’s family had been taken away from him because accused looked after them so badly. Although sheep stealing was a serious offence, bad accused been a man of good character His Honour would have been quite pleased to admit him to probation. Accused had not a good character. There had been three previous charges of theft against him, nnd be was at present serving a sentence of one month. His Honour added that he was not going to inflict a heavy sentence, but it liad to be made apparent to other people that they must not steal slieep. His Honour had also taken into consideration the fact that this was the fourth time accused had been before a Court on a charge of theft. Acoused was

sentenced to six months’ imprisonment on each charge, the terms to be concurrent. IN DIVORCE. DECREE NISI GRANTED. On the grounds of desertion, Marie Caroline Firkin (for whom Mr M. H. Oram appeared) sought the dissolution of her marriage with Oliver Samuel Firkin, hairdresser, of Henderson. Petitioner gave evidence that she was married to respondent in Wellington on January 12, 1928, by the registrar. Subsequently she had lived in Palmerston North. There were no children. Respondent left her in February, 1928, without any warning whatever, and had never returned. He had been traced to Auckland, but had never maintained or supported her. He gave no reason whatever for leaving her. . Ilif Jensen, pastrycook) of Palmerston North, and a son of petitioner by 7 a previous marriage, gave corroborative evidence. His Honour granted a decree nisi, to be made absolute after the expiration of three months, with costs on the lowest scale against respondent. DUNEDIN SESSIONS. Per Press Association. DUNEDIN, .July 24. At the Supreme Court to-day, before Mr Justice Kennedy, Angus MacDonald and William Boyd were found not guilty on charges of the theft of rabbitskins at Alexandra and receiving rabbitskins knowing them to have been stolen. Courtney Clark Pledger pleaded guilty.to two charges of breaking and entering and one of theft and was remanded for sentence.