KOTARE FARMER CHARGED

Taranaki Daily News, 14 February 1933, Page 11

KOTARE FARMER CHARGED

SHEEP STEALING ALLEGED evidence given by neighbours. POLICE VISIT TO BACK COUNTRY. QUESTIONS ABOUT EARMARKS. Indicted on five counts with the thefts of 73 sheep valued at £36 10s at Kotare, Andrew Charles William Krause .stood his trial before Mr. Justice Ostler at New Plymouth yesterday. The evidence, which is long and technical, was not completed yesterday. It is expected it will occupy two days. ' There is an alternative count of receiving stolen property‘attached to each of the following charges of theft: (1) About December, 1931, 26 mixed sex and mixed aged sheep belonging to David James Shore Mcßean and valued at £l3; (2) between October, 1931, and November, 1932, 35 milted sex hoggets belonging to Mcßean and valued at £l7 10s; (3) between June, 1931, arid November, 1931, seven mixed sex and aged sheep belonging to Cresswell Metheral Hawken and valued at £3 10s; (4) about February, 1932, three sheep belonging to McBean and valued at £1 10s; (5) between June 1, 1931,'and November, 1931; two sheep belonging to Hawken and valued at £l. ®

Mr. R. H. Quilliam appeared as Crown Prosecutor and Mr. I. W. B. Roy to defend. The jury comprised Messrs. W. S. Bamsey (foreman), S. D. Jury, G. A. Nash, Herbert Parkinson, J. P. Bryan, R. R. Finness, G. T. Rudd, Douglas Weir, Arthur Walker, N. K. Proctor, C. R. Cook and H. P. Huggett.

The case for the Crown was outlined by Mr. Quilliam. Kotare, he. said, was oh Okau Road, some miles inland from Mt. Messenger. It was isolated, hilly, bush-clad country. Krause’s farm was about 12 miles-from the main road and Mcßean occupied a farm of about 1200 acres on the other side of the road bounding Krause’s place, Mcßean lived at Uruti and visited Kotare only occasionally. Hawken’s property was in the same locality, while Gustavsen, an important police witness, lived on a farm immediately adjoining Krause’s. This case was of the greatest importance not only to Krause but also to the people of the district, for he was charged with stealing his neighbours’ sheep. Mcßean as a rule ran about 1500 sheep at Kotare, 1450 of these bearing his straight mark—his registered earmark and no others. About 1100 were hoggets. At the shearing in November, 1931, Mcßean estimated he was about 30 sheep short, mostly hoggets, after making allowance for deaths. In February, 1932, he again mustered for dipping, and found 40 sheep unaccounted for. In November, 1932, there was again a shearing muster, and on this occasion Mcßean estimated he was 150 sheep short, mostly hoggets. Mcßean would say that since June, 1930, he had received from Krause only one straggler. It was difficult for Mcßean’s sheep to get from his property on to the road because of an intervening river. Counsel explained that since 1918 Mcßean had always marked his sheep on the other ear from that indicated fcr his registered mark; it was apparently common practice to change the ear. Counsel went oh to explain the differences between .Mcßean’s marks for male and female sheep and those of Krause’s. Mr. Quilliam gave particulars of the investigations by the police regarding the sheep alleged to belong to Mcßean and Hawken. It was alleged that Krause had altered the ear-marks, or added or superimposed his own. SHEEP WORKER’S EVIDENCE. The first witness was Archibald Ron-: aid Heal, farm labourer, Mere Mere, who said he was employed by Mcßean at Uruti last November. Early that month he went to Kdtare' to muster and attend to the shearing. He attended to the dagging in the yards and worked in the shed. While dagging he noticed blood on the ear of a sheep, indicating that it had been newly ear-marked. There was an old ear-mark as well. He. took the animal straight to Mcßean. The new mark looked like a. V. He considered the re-marking had been done within a week. He could not swear whose the sheep was, but he had told Mcßean it was one of Krause’s sheep, as the ear-mark looked like his; it was a two-tooth ewe. As he was going home to milk he saw on the road, about half a mile away, another ewe. As he rode past it looked like one of Mcßean’s, so he took it home, where he found that the ear had been recently cut, though blood was not showing. The scab was still there, however. To His Honour: He could not say what the ear-mark was. Cross-examined, Heal said the first sheep mentioned had been found on McBean’s place and had been brought from the flats across a narrow suspension bridge. He could not draw the mark on the first sheep, but he could that of the second. From a casual glance the first sheep appeared to have Krause’s ear-mark on it. He had seen Krause’s ’ear-marks as he had passed Krause’s sheep. He had been to Kotare once before. He had not noticed blood on the head of the first sheep. D. J. S. Mcßean said he went rarely to his Kotare place—perhaps half a dozen times a year. Of the 1500 sheep on the property last year about 1100 were hoggets, the rest being, two and four-tooth wethers and ewes. About

1450 bore his straight registered earmark.

At the 1931 muster at Kotare he was about 30 short, mostly hoggets. At the February muster for dipping in the following year he was about 40 sheep short two, four and six-tooth mixed sex sheep. He had always put Krause’s stragglers over the fence, or delivered them to Krause when he went down the roa'd. On the other hand he had received only one straggler from Krause.

Heal had brought him a two-tooth ewe hogget found in the yard on November 6. Witness found the square back bit on the ear had been deepened and rounded. The sliver was old and there were two new notches on the off ear. He identified the sheep as his property. It appeared the ear-marks had been altered and the new ones made within a few days. He considered the new marks were Krause’s; at the time he did not know what Krause’s marks were. Gustavsen and others saw the sheep. Later in the day Heal brought another two-tooth ewe ear-marked similarly. There was no blood, but the scabs were there. He sent both sheep to • Laery brothers to care for. Next day he telephoned Constable Huntley, Mokau. The constable was shown the sheep that day. Allowing for deaths, witness found a shortage of 150 sheep at the muster last November, mostly two-tooths. Krause knew witness’ lease of the Kotare property expired in November and that he had to get off; subsequently it was arranged he should stay till February. , Next day Krause came to witness shed for the first time. “Well Mac, did you get a good clean up?” he said. Witness said he did. VISIT OF DETECTIVE. Witness recalled the visit of Detective Meiklejohn and Constable Huntley to Krause’s property.- The sheep were yarded and penned. From the first lot penned witness picked a few that had belonged to him (all kinds), and some that belonged to Wardell. His sheep bore Krause’s two notches on the front of the ear and a sliver and what might have been a square. The square had been interfered with by a marker or knife. - Witness claimed some out of every lot penned. A two-tooth ewe and two-tooth wether, both with the extra V, were put through. Detective Meiklejohn asked Krause for an explanation about the marks on one sheep. “I can’t explain,” replied Krause. “I’ve got no explanation.” Witness claimed 57 sheep that day. All had two V’s (or double notch) on the top of the ear. Some had an extra V alongside the square back. About 300 sheep were examined. Krause said he had bought the hoggets from Waddell, the two hoggets with a mark in the back of the ear and some of the four and six-tooth wethers from Gibbs, and other four and six-tooths from McGregor. The two sheep found by Heal were shown to Krause, who said he could not account for the markings. The 57 sheep were taken that night to Gustavsen’s. Krause had said he had bought 180 hoggets, and sold 60. He had also purchased 300 hoggets from Waddell. Another mustering of Krause’s sheep was conducted by Gustavsen. Krause was then in custody. Present were Hawken, Westfield and witness. Of the sheep put through Gustavsen’s yards then 159 were put aside. Witness claimed some and Hawken some. Krause was given the benefit of the doubt regarding 65 sheep with straight marks and, 261 with buying ear-mark. Witness claimed 120 hoggets.

Referring to an examination of the 159 sheep, witness said Detective Meiklejohh, Constable Huntley and Mr. F. W. Sutton (stock inspector) were present. Each sheep was examined thoroughly and the ear-marks noted. Of these witness claimed 109, but only 26 and 35 were included in the present charges. Witness still claimed the remainder were his, but Detective Meiklejohn had considered they were not fit for a criminal charge. Hawken .claimed eight of the 159 sheep. The two sheep found by Heal were included in the charge relating to the 35 sheep. Seven or eight of these had been recently' shorn and branded with Krause’s mark. The 26 sheep were mixed sexed and aged. sheep. The ears of these sheep bore a sliver, two fore notches, a square back bit and. a V alongside. The square back bit had been altered in every instance. Witness considered Krause’s marker had been used to make the alterations. On December 14 witness and Detective Meiklejohn went to Okoke, where they inspected wethers being shorn by Wright. They picked out three wethers belonging to him and two belonging to Hawken.

To Mr. Roy: Gustavsen kept an oversight of his place and moved sheep if necessary. Witness could not say how long the property had been vacant when witness took it over. It was in fair condition then, but had gone back now like all the other places in the locality. He admitted the grass was very short in places and that there was some “dirty stuff.”

He had always been friendly with Krause, although not intimate. It was untrue that about 12 months ago he accused Krause of stealing a steer. About a year ago he called at Patterson and Waddell’s with 500 sheep. He. paddocked them that night. He denied that next morning he accused Parr, the manager, and alleged that witness was 18 short.

On February 2 Krause held a clearing sale and gave notice to witness. He attended and picked out 65 sheep for himself and one for Hawken. It would be possible for Krause to put stragglers back on witness’ property without witness knowing. He would not deny it if Krause said he did put stragglers back. When witness arrived at Kotare to move stock it was his custom to give everybody in the district notice, including Krause. NEIGHBOUR MISSES SHEEP.

C. M. Hawken, sheep farmer, Moki Road, Tahora, said his property at Kotare adjoined Krause’s. There were about three miles of boundary between the two farms, about a quarter of the distance being unfenced and in standing bush. Last' year he grazed 1500 sheep and some cattle at Kotare. He had not missed any sheep this year, but he missed 150 in 1931 and some in 1930. The sheep were missed last year between June and November. His estimate of the shortage was after allowing for deaths. Witness had found a straggler from Krause’s place on his farm, but he did not know of Krause having returned him any stragglers. Witness had a number of bought sheep on his farm.

= On November 14 he went to Gustavsen’s property, where he found Mcßean and Constable Huntley. He claimed as his eight of the sheep penned that day; they all had his ear-mark. One had his straight mark and seven' his mark as well as Krause’s. The eight sheep were of mixed ages and sexes. Except for fat sheep, he had sold no sheep for two years prior to November.' During the past two days Detective I Meiklejohn showed him two sheep at the New Plymouth gaol. They had his ear-mark and that of Krause. His Honour: How old is a sheep before it becomes a two-tooth?—When it becomes a two-tooth.it is a year old. To Mr. Roy: Lately there had been a good deal of feed on his side of the boundary, but not much on Krause’s. Witness had had his present registered ear-mark about 2J years. ■ Before’ that his mark resembled a clover leaf. Witness was not always on the property, so Krause ‘ could easily put sheep over his boundary without witness knowing. Fred Gustavsen said that part of his property’ of 700 acres adjoined Krause’s. They had been neighbours for about seven years. He lived about a mile away. Part of the boundary was fenced and the rest was in scrub and bush. Krause carried sheep and a few cattle. He saw stragglers belonging to Krause at times, It was easier for Krause’s sheep to get on to his property than vice versa. Krause had never given him any stragglers, or notified him of stragglers. On witness’ place in October he found ten strangers; f two had Mcßean’s straight ear-mark and seven seemed to carry the marks of Krause and Mcßean together. Krause was notified and he took them all away. He said they were all his except one. Witness did not point out that two of them had Mcßean’s straight mark.

The seven sheep bearing two marks appeared to have had the two V marks on the top of the ear done recently, as the scabs were there; these marks were Krause’s. Hq had not examined Mcßean’s square mark. Some days later Mcßean showed him a sheep at McBean’s wool she'd. The sheep appeared to have had two V’s on the top of the ear made recently. The deepening of the square also seemed recent He told Mcßean that he had had some similarly marked sheep on his place; Krause had taken them away. On November 12, 13 and 14, on police Instructions, he mustered 669 sheep on Krause’s place. He counted about 30 sheep that they “left behind.” Some of the country was covered twice. These sheep were put through witness’ shed on November 14, Mcßean and Hawken being present Of the 669 sheep, 261 had “bought” ear-marks, 65 Krause's straight marks, and about 120 were set aside. EXAMINATION OF SHEEP. On November 21, when a close inspection of 150 sheep was made, F. W. Sutton and the police were also present. Notes of each sheep were taken. McBean set aside 35 hoggets and raddled them; Hawken . set aside eight, and McBean claimed another lot of 26. A number of the sheep appeared to have been recently re-ear-marked with two V notches on the top and a mark in the square. The scabs were still there and the points were swollen. The 26 sheep had the square on the ear altered; but for the alteration it would have resembled Mcßean’s mark. The V’s could have been put in with Krause’s markers, -which had fitted into the notch in the ear. Regarding the 35 sheep, it appeared the square ear-mark had been altered about a month before; there was no extra V on any of the 35 sheep as far as he could remember. He did not think any of the 35 or 26 sheep bore McGregor’s marks, To Mr. Roy: He did not remember McGregor telephoning him about the sheep, nor had they conversed about the matter, . except when counsel was present. He understood McGregor telephoned in his absence.

Gustavsen denied that he had marked anyone else’s sheep. He was not “on visiting terms” with Krause, but had not had a quarrel with him. He had never used ' Krause’s marker. Witness leased his farm from Mrs. Nops. The lease came to an end in a week. Counsel: What are you doing after that? .

Gustavsen: Leaving the district. His Honour: What is the relevancy of these questions? Counsel: It might be suggested that if Krause is convicted there might be a farm in the district going begging. James Arthur Gibbs, sheep farmer, Tongaporutu, said he sold Krause 124 wether lambs at Okau on February 5, 1930. Krause had not bought any sheep from him since .then. On November 22 he and his brother went to Gustavsen’s place. None of t“he 26 sheep examined bore his ear-mark or that of his brother. To Mr. Roy: He had not sold Krause 106 lambs in March, 1926—he did not think so. He admitted Mrs. Gibbs, in the same district, had a different mark. He had found that a few of his earmarks altered with age; a small square in the top of his mark did grow out. At Okau on February 2, 1933, he sold 25 sheep to F. Waddell. Thomas Wright, farmer, Okoke, said that in February, 1932, he purchased 84 mixed age wethers from Krause at the Okau sale and 67 wethers from William Schmidt. He sold 24 of the wethers the same day. He bought 39 wethers from Whitehead at the Fanners’ sale on April 13 and 32 from Maddock, also in April. He re-marked all the sheep, •though he might have missed one. Referring to five sheep picked out and marked with paint when the police visited his place, he said they could , not belong to anyone but the men from whom they were bought. William Schmidt, Okau, said he sold between 60 and 70 -sheep at the Okau sale in February, 1932, through Newton King, Ltd. None of the sheep he examined at the New Plymouth gaol ever belonged to him. George H. Maddock, farmer, Urenui, said he bought about 150 fat wethers from Taylor brothers in February. During April or May he sold some of them to Wright. Leslie William Taylor, Urenui, farming in partnership with his brothers, said that in January and February, 1932, he sold Maddock about 112 wethers. They would now be six-toothed. They all bore his registered mark. He saw four sheep at the gaol that day; none of these sheep had belonged to him as they did not bear his mark. I Frank W. Sutton, stock inspector, New Plymouth, said farmers frequently made mistakes by putting the registered ' mark on the wrong ear. On November ' 21 he and the others examined 157. sheep at Gustavsen’s place. Witness detailed the marks noted on the sheep in dispute.