RESIDENT MAGISTRATE'S COORT.

Colonist, Volume XXXIV, Issue 7049, 27 June 1891, Page 3

RESIDENT MAGISTRATE'S COORT.

YEJ3TEBDAI ■ [Before H. Esbe-Kenny, Esq, B.M.] ! . , ' '■- ' - " ! Hans Fanzelow was charged, on the information of John Kerr, with feloniously stealing and carrying away, on the 4th of February, 1891, 30 fleeces valued at £12; on the 10th, 15 fleeces valued at £6 ; and oh the 18th, 9: fleeces valutd at £3 125. Mr Harley appeared for informant, aad Mr Kingdon for the defendant. Mr Harley explained the situation of the two runs owned by > the parties, and then oalled evidence as follows :— . - \ JohnPollook' draughtsman in Land Offioe, i produced .plans— one of Botoiti, and the Other Of the Howard Survey Districts. The witneßS here pointed out the different localities and explained the map., Mount Robert is not held by anyone, Robert Kerr: lam eon of informant. I: manage the Lake Run; and have done so for some years. I know the St. Arnaud Range, generally known as No -Catch -Em. We have Bheep running there, principally wethers. They are branded with a punch hole in eaoh ear.; We always put a wool brand on them, 1 some with the bottom of a bottle; some have J K, and the woolly ones left from the year before had an S, the Government scab brand. We get on to Nq-Catoh' ; Em by means of a track out through" the bush made .-by. ourseivtSj yI? think our country goes I wiihin half a mile of the head of the lake, where Fanzelow joins ua. *Fanzßlow has a track too. These tracks are from seven to nine jmilea ; ; apart. ; y There;; is .no toad or traok- from Lake; Station to Mt, Robert. It is only possible to drive stook how Mount Robert .to. the Lake station '

through < Fanzelow's. Fanzelow boat* his wool down the lake, and carts it from there* I have been at the Lake Station continually sinOe December last, I live there ; since than till . last week (Tuesday and Wednesday int two lots), Fanzelow baa not sent any wool there. He brought it on a pack horse. The fleeces were all broken up. and I counted them as well as I oould and found 25 small fleeces. I was not there at the time. Fanzelow never gave as notioe that he shore any ol the Lake Bheep. I know pretty well f°* quality of our own sheep, but I cannot say this was wool from, onr .own' sheep. ■ The fleeoes of sheep on oar country would avenge • quite 81bs, and it fetches abont Is pet lb. # is 13 or 14 miles from Lake Station to Fanzelow's. The tops of the ranges are rooky, rough, and poor country. I believe Fanze* low does not have general masters, bat get* his sheen in in small lots. He has not given notice this season of mustering. Cross-examined : There is no defined; boundary between the rons. It is rocky about the supposed boundary, but we haye found «»o difficulty in mustering on our land, and i should say Fanzelow would have none. The bush does not make it difficult to muster, the 1 sheep keep to the open. Before we master the practice is to give notice to adjoining runs, so they could be there. If any sheep of Fanzelow's were mustered with ours : - and he was not there we would yard them ; . welwonld not shear them. We have always given him notice, and he has been there. I: have been round all the stations, and ypu could: not find, one that shear sheep belonging to another under those circumstances. Fanzelow has met me in Blaok Valley, and has been always: going to give notice, but he never did. I visited his yards several times, and found. some of our sheep there; On the bill X ha& found . some of Fanzelow's sheep with burs. The sheep we run on No-Catch-eniare. generally full mouthed, but we run some young ewes with them ; they are strong and. in good order. Though the country is poor, the fleeces run 81b3. We use the bottle brandafter shearing, and use lampblack, whioh will last till next shearing. The wool Fanzelow brought was not delivered to anyone, he simply left it. My sister was told of it by the men, and telegraphed to me about it to Belgrove. When I got home she never said that Fanzelow had wished to see roe. i don't know that it is the practice for a shearer to call his employer's attention to the brands of strange sheep he may get. I don't knew the actual number of the sheep from which these fleeces are said to have come; I believe there are 79. I keep count of the number of sheep on the Lake Station. We have about a thoov sand sheep running on the No-Catch-em. We were about 250 sheep short last master ; that is not unusual hi one muster. We mustered before Fanzelow j we did not have a second muster. I don't know anything about the 79 fleeces of. my own knowledge. I remember some sheep Fanzelow bought from Birch Hill, we mustered some of them ,. with ours about two years ago, but we did. not shear any of them, not by mistake. .We have occasionally shorn a strange. sheep. : by. mistake, but very rarely. Re-examined: The Government brand S was pat on with red ruddle. On one occasion when I went to Fanzelows, I found them shearing* there were six woolly sheep of oars there and some shorn oneß, one newly shorn by Charles Oabey tha man there.. I brought them away. This was since December last. The No-catoh-em is not pari; of Lake Ban, we got from one to the other by a traok through the bush. ■■)■, --i By the Bench: We usually shear in November. I have seen Fanzelow a number ot times when he spoke of giving; notice, bat he never actually did so. Henry Tippett: I am a ehearer #0. I know Fanzelow. I went up to shear fox him on 6th January last with George and Charleß Oakey. No one else was there except Fanzelow. We got there about 12 o'olook, and started shearing that afternoon. I remember mustering No-Catch-em with Fanzelow and the Oakeys, it was in January, I cannot fix the date. I went twice op Kerr's track, and mastered forward to Fanzelow's traok. We brought down some sheep, took .them into the yards and drafted them, some were Mr Kerr's shorn, and some unshorn. Some of these sheep were Kerr's and some Fanzelow's. The shorn ones of Kerr's were turned back on No-Catob-em, the woolly ones of Kerr's were drafted out and turned on Mount Robert. Fanzelow's wooly ones wera put in the shed, and I shore them. I, told Fanzelow of their being Kerr's sheep, and he told us to draft them oat and he took them to Mr Robert himself. Abbot 85 altogether were put on. I knew them to be Kerr's sheep by the punch holes in their ears* I have shorn at ; Kerr's two years, _■ and all I shore bad a punch hole in each ear. I also knew them by the S scab brand. Some of them had the bottle brand also ; I did not notice any other brand on them. I stopped three weeks with Fanzelow, and then came home, going back on the Ist February. We mustered the first three days. The two boys and I went up Kerr's track to No-Catch-em mustering up to Fanzelow's track : the track on the hill are four or five miles apart* We did not get any that date. I never went up there again. I started shearing oh the 4th February; I shore 50 that day. I have my tally -book here; 20 were Fanzelow's and 30 . Kerr's. I identify them by the earmarks S and bottle brands. Oh the 10th I shore again 25 sheep, 10 of Fanzelow's and 15 of Kerr'a - r on the 13th, 30 of Fanzelow's and 9 of Kerr's ; on the 17th, 70 of Fanzelow'a and 17 of kerr'a ; on the 21st I finished with sof Fanzelow's and Bof Kerr's. I make out that I: shore 79 of Kerr's; they were chiefly big wethers. I don't know that Fanzelow haa any wethers more than two-tooth. The sheep were brought in in lots. When the sheep came in I asked Fanzelow what he was going to do with Kerr's sheep, and he said going ta shear them. He and. the boys put them in the shed, and I shore them. One day Fanzelow was going mustering, andi asked him if Mr Robert Kerr came and asked abont the,, sheep, what I was to say to him.' He said "tell him to go h— — 1, and I will talk to him about the sheep." He farther said that he was the boss, ana I was to shear what he put for me and to keep count. The wool was all put away together, Kerr's and Fanzelow's. George Oakey and Fanzelow . baled all the wool I shore. The balea were| taken to the head ot the Laie.y I saw feine! put on the boat, Fanzelow and George Oakey were the boaters. I know nothing farther about tbe bales after that time, which was about tbe last week io Feb. I am certain that all the wool from Kerr'a sheep, except a few looks and trimmings, went away in the bales. I left on the 21st Feb. with tho Oakey's, I have not been back. . On the 18th" May I saw Fanzelow at Thos. Kiozett's. I said to him that fehear that fiejtad told John Kerr that he never told me to shear the eheep. Fanzelow said he never said any suoh thing for he knew that he had told me to shear tho sheep. I told him that Kerr was going to summons me. He said "let him summons." I told bim that if he did hot go and arrange, with Kerr about my shearing the sheep that I would go and tell Kerr all about it aa. I would not take any responsibility. • Fanzelow: promised to see me on the following Saturday but he did not keep the appointment. The fleeces from Kerr's sheep would average , about 8 or 91bs. .? Cross-examined: I know Fanzelow's earmark is a fork and back notch, but I don't , know whioh ear, I have shorn for Fanzelow 1 ; for three years. Fanzelow told me to keep Kerr's sheep separate so he could know how many" sheep be was Bhort. When I had done' I gave him an aooount of his arid Kerr'*. 'T'' don't know that any of Fanzelow's sheep had a punoh-hole ear mark. : X: ' •* George Oakey: I am a laborer HviDg now with Mr John Kerr. I was mastering for ,; Fanzelow in January last on No-Oatoh-y; em,- I • have no idea how' many .'sheep ? we got| We pat the Bheep in Fahze-1 low's yardß by his order. They were a mixed lot, some shorn, some not; Ken's were wethers Fanaelow's ewes. The shorn were r put back' on No-Catch-Em and the woolly '. ones oh Mount Bobert. I know Kerr's brand, and all the woolly ones turned out on Mount BobOrt were Kerr's ; they had the bottle and S brand. Iknow,therewfreover6o, ?,W|W E resent whm Tippett. asked Fanzalowwhaty e was going to do with Kerr's sheep, and pointed t em out to him. Fauaolow said h# was going to turn thaai on to Mount Beiart. I left Fanzelow's, returning oh Ist February. t mustered Moant Robert, and foand'a f«# y woolly ones of Ken's. They were ahora by Tippet*. Fanzelow was at the shed at the; time. I went three times to Mount Bobert! . but the third time we did not get :any. The seoond time we got some of Fanzelow's and , some Of Kerr's, -These %e^ Tippett. 'J knew them toba Kerr'a by havlngy" puheh holes, in • each ear y they also .; j&ad X bottle brand and S. I oannot aay how m^ ■i ot^Keir's sheep were shor n—ajbeut 6Q, pw

k.t.itos^.'«S*dikiiii«»»t»Bi*». .-j<-..*'.-v|r.v-»»n*' i > more. -After Karr's sheep weroy ; ahorh i they were tarned back on Mount Bbbert. Wtaw} the Bm )ot came ih TipKett ' aeked il^!|'ahi|e>T*n 1 pointed theui out. He laid : 5 ; , «fpo«3 < BKear them. They were shorn tbgeand the fleeoes Were all y'put^etheryCand'when there was enough* to :^l^ baleit was pnt in. _It was all put into :.. <M^^ bale;' mixed: The bales' containing -jthei 3lMxedJWool-were taken down to the bottom of. i : $ J^lakej .frbnv whence Davies and Morrison th Belgrovef Fanzelow told mO -ife||fi.;going : to Selattders oVCoi :- 3. jt^ss^xamined : Tdbn't remember the'date f< down 'the lake. There were i ,Spine^hale3i ! 'and it was the wool from' the «• '% BhsejpifroioPboth^ flats ancl hills, . .^This was the : taecofldyshearihg. There were three , bales 'ifrbiai the first shearing; which! consigned; to •' iSolahdersby Fanzelow's order. When I left »' ithereiwere only about 15 fleeces in the shed nnpressed, and Fanzelow said he was going ; -boat' 1 it down, ' I helped Fanzelow turn ' , ; ■Charles Oakey: I am a laborer working 'at ■ -Kerr's, I have 'been there a month. \ I was mustering at Fanzelow's with -my i,;jbrotiier, thei'Wst- witness. We mustered some c < of Kerr's sheep'; I recoghised;them 7 by the punch-hole earmark, bottle , brand, ; and'S. : 'l should say there were between 60 and 70. I heard Fanzelow say that, he . was going ta turn them up Mount Robert ■ I carried the fleeces as they weie shorn, they' wore rolled up and packed in' the shed,' they ■ were not kept separate, and I claw gome of them baled, all put in together Kerr's and lanMlow's. ; We got. Kerr's sheepoff Nor'■ Ofttoh-em. I mustered " : Bome ; 'off Mount Bbbert too. I went baok. after Tippett left, . and wa got soine wooly sheep off No-Catoh-l :ehi, I shore them. Fanzelow was out on the hilt mustering then : be told me to shear v j theitt;'23ibf his own .add one of Kerr's. Mr ■ Robert Kerr came whilst I was shearing: He drafted out^ and I^^ took away about eight or . »ine : of Kerr's sheep. i '-. ; Grbss-examined; f I have no doubt these .':^wertf-KerrV sheep. ■'- I'cari'f sayth'at'l would ■. have hotioed ;any earmark oii ' Fanafelow's '■•sheep.-' ; By the Bench: Before EobexVKerrcairie arid showed ma their brand I knew from Tippett showing Fanzelow what their, brands :■ were. -" : :r;: ' '■■',

; ■'ThoraasrGeorge'Bichardsbn: I am chief Sheep Inspector 4 or Nelson and Marlborough district ■■ linqw bbth'Pahzelow's and Kerr'a/ In September, 1889 Kerr's sheep were deelated sbabby, and 'branded with the scab, brand, Sin red.-; Since that time no.bne else .has borne that mark. He has a punch hole earmark. I was at the Lake Station; while all-the" sheep were put through this season, and I saw them all drafted over ; those from "No^Catch-em were strong wethers. I saw Tahzelow's sheep in 1890, and they were -mdstlyewesi ■; CrbßS examined : I was there when the sheep were drafted but on No-Catoh:em, and and also when they were brought down. They wart fn'l fleeced, in good condition, and fleeces would ron 'from 7 to 91bs. ' ; ,

Heetoz MbNeil Campbell, -Begistrar ofi 'Brands produoed register showing Kerr's' wool brand T.K., ahd earmark to be a punoh; hole on off side for ewes, and near side for withers, also oldProvinoial register showing, punoh hole' through esoh ear. Cross-exßmined : No other person has the Bame brand: Mr Kerr has complied with the new Atiti There is hbthiug fau ty. • John Kerr* lam a sheep farmer, owner of Lake Station and informant. My present registered brand is a hole in one ear for the ! ewes[and in the other for wethers, before that I used a hole through each e3r. 1 live at -Lake Station, I know the sheep on NoCatoh : em, .they were the oldest sheep we have and bore -the old brand. - . Cross-examined: It has never been a practice to stiear 'airange Bheep ' at stations, tbey are turned into paddocks till the owners come for them. Be-examihed: Fanzelow has never given us notice, and we have had no chance this ieaaon of getting a draft. This closed the evidence for the. proseeutron: - r' :c '' : X The aOcußed reserved his defence; ' ■ - Hie Worship, then formally bommitted aoonsed to take his trial' at the next sittings of the Supreme Court, tin Wednesday next. Bail being allowed himself in £50, and two sureties of £25 each. Two sureties (Messrs W. MeConkey and H. V Phillips) were fbrlhooming. ;