This Day. SHEEP STEALING.

Nelson Evening Mail, Volume I, Issue 67, 22 May 1866, Page 2

This Day. SHEEP STEALING.

Before the following jury: — W. Ricketts, Edward Baigent, Philip Fathers, G. Browning, H. Godbear, John Osborne, W. Norris, P. O'Dwyer, W. Gardner, James Hooper, W. Burton, and T. Browning. Hans Fanzelow pleaded not guilty to an information charging him with this offence. Mr. Adams conducted the case for the crown. Mr. Pitt defended the prisoner. Mr. Adams having stated the facts as they will appear in evidence called the first witness.

James Wallace said : he was in the employ of Mr. Wiesenhavern in February last, as shepherd. The prisoner was formerly a scab inspector. I know not if lie had a run of his own. He lived in a whare hear the prosecutor's run. On Monday the 26th February I saw him bringing a mob of sheep along the spur behind the whare. He put them in a yard at his own whare. He had about 40 sheep. He told me some of prosecutor's sheep were amongst them, and I had better take them out. I went to the yard ivith hiin. He said he had four lambs of Daley's. We caught a sheep belonging to Wiesenhavern. Next day in my presence Martin asked prisoner who owned the sheep in the yard ? Prisoner said he owned the ones with the ears slit. I saw the sheep with the ears slit down the middle. I can't say how many, perhaps five or six. When prisoner said the four lambs belonged to Daley, Martin said they belonged to Jeffries. I told prisoner not to remove any sheep off the place. This was 50 miles from Nelson. I know the prosecutor's ear-mark ; it is a slit in the lefr ear. I don't know liis old ear-mark. The marks in the ears I noticed had been made three weeks or a month. I caught a sheep and told the prisoner it belonged to me. Some of the ear-marks appeared to be later done than the others. The sheep were ■ brought to the pen about 11 o'clock on Monday, and were taken away at 7 o'clock on Wednesday. On Tuesday prisoner was shearing them. I saw the prisoner in the paddock on Wednesday. I think on the Thursday I saw him carrying hurdles towards Mr. Saxton's wool shed- Prisoner did not say what he had done with the sheep. I did not go up the gorge with him. To Mr-. Pitt : The whare is on the Top-house reserve. I don't know where he brought the sheep from. I did not count the sheep in the yard. I had every opportunity to handle them. I did not tell the prisoner when prosecutor would be back. From my knowledge of the prisoner, I think he would have restored Wiesenhavern 's sheep if he had known he had them. Prisoner said he got the sheep I caught from Mr. Hooker. Prisoner told me he had applied for some country about there, and told me what the boundary was. He told me three weeks before he was going to muster in that part of the country, engaged me to help him, and told me he had permission from Mr. Daly to put his sheep there. To Mr. Adams : The place where I saw prisoner bring the sheepjdown was not on the line he described as part of his run. The whare was not either. Patrick Martin examined said : I am in the employ of Mr. Wiesenhavern at the Tophouse. I accompanied the last witness to look at some sheep in a pen, on the 27th February last, at a whare occupied by prisoner. There were about 40 sheep there, some were shorn. The prisoner was at his whare, and came to the pen to me. He told me the sheep with the ears slit were all his except four of Mr. Daly's. Some of the ear-marks were new with the scab on. I said some bolonged to Mr. Jeffries. I did not mention any more. I did not take notice whether there were any belonging to Mr. Wiesenhavern. I saw the prisoner next day at my tent. He said he left the sheep up the gorge. I went up the gorge on the Monday following tojfook for sheep, with Botton and Wiesenhavern. In the first flat we found some of them on Daly's run, about three miles from the whare where prisoner took the sheep. We put the sheep we found in Wiesenhavern's yard*. We drafted them out, and found 22 of Fanzelow's. That evening I saw prisoner on the spur near his whare. He told Weisenhavern he was tending his sheep. Mr. Wiesenhavern gave the rest of the sheep in charge to me, and 1 closed up the paddock till they Arere delivered to Andrews. To Mr. Pitt : The sheep with their ears slit were marked differently. Pieces ofthe ears were cut out. I have not had much experience in sheep, but I understand a bayonet mark. (Witness made the mark oi paper.) It was the outside part of the ear cut in a triangular way, sometimes on both ears. I saw this cut. A slit is a cut without anything being cut out. When prisoner said he put the sheep up the gorge. I know not to what sheep he referred. I found the sheep near the road, about three miles from the whare on Mr. Daly's run, The jury, after an absenee of five minutes, returned a verdict of acquittal on the first indictment, and the Crown offering no evidence on the second indictment a similar verdict was given. The Judge suggested that sonie means should be devised for protecting the property of sheepowners, and told Fanzelow he was at liberty. The Court was then apjourned till Friday next, at ten o'clook. Correction. — In our report of the case 'Hodgins v. Campbell, ; . for "Wilkins" read '•'Watkius." . /""""-Caution to the Public. — About a quar- ;*' ter to four o'clock on Sunday morning last, as constables Shaw and Murphy were going their rounds, they discovered a fire proceeding from the palings in Mr. Levien's garden. On examining the cause they found that the fire originated in the ashes of some West Wangauui coals that had been deposited close to the palings. The constables immediately put out the fire, aud then informed the inmates of the danger they had escaped. It is ►said that the ashes of the West Wanganui coal retain the heat a long time, and persons ■who use it should' be on their guard to prevent a similar accident. "If you wish to appear agreeable iu soeiety, " says Talleyraud, " you must consent to be taught many things which you know already."