Magistrate's Court.

Wairarapa Standard, Volume XVIII, Issue 1777, 30 December 1885, Page 2

Magistrate's Court.

GUEYTOWN, THURSDAY, DEC. 2-lth

(Before J. Tally, Esq. and Dr. Sprntt, J.P’s.)

Henry William Kempton, butcher, was charged by Constable Smith with stealing four lambs, the property of C. Elgar, of Fernside.

0. Elgar, examined by Constable Smith : Am a sheep farmer, residing at Eougwood, near FeatUerston. Have recently leased the Fernside property ; the stock includes about 3000 sheep, branded with registered brand and ear mark belonging to Fernside property. The ear mark is similar to exhibit A which I have just now drawn. The back marks in the ears are the wethers, and the front marks on the ears are the ewes. The ear marks were taken over with the estate ; the brand B is ou the back, about the centre. I have no hesitation in saying that the ear mark, as shown, is mine I remember ou the morning of Dec. 22, making a complaint. I said I had been informed Mr Gray—l object. Constable Smith—Did you say that you heard that someone was driving sheep that morning towards Groytown ? Mr Gray—l object. Constable Smith—Did you say you had lost sheep ? Mr Gray ; I object.

Constable Smith ; I would like to ask the ruling of the Bench on what grounds Mr Gray objects. Mr Gray ; Tim matter is as simple as possible. Mr Elgar has no right to make the suggestion that tho sheep were driven by anyone unless he saw the transaction. Constable Smith : I ask the Court to allow the question about the driving of the sheep. Mr Gray; It is only hearsay evidence. Mr Tally: Well,’we should hear the evidence. The witness to Bench: I went to the police station, and informed the constable that sheep had been seen driven past the Tauherenikau Hotel on Tuesday morning, December 22.

To Constable Smith : Gave you a description of ear marks of sheep on Fernside. Was that morning working among sheep on the river bed and in the paddock—about 4 or 5 o’clock. We were mustering on the bed of Tauherenikau River right up to the bridges; I was there, but two men mustered. My property is not fenced at the river bed ; there is nothing to stop sheep straying on the road. The only portion unfenced is between the two bridges ; the fence comes down to the first bridge, with the exception of a few yards. Witness here showed on the rough sketch where the fence extended to. To Constable Smith : Nos 1 and 2 on the plan mean the bridges. The plan, I believe, shows the road, Featherston to Greytown, and the divergence to Morrison’s Bush. The bridge numbered 2 on the sketch, I understand represents the bridge nearest the Tnuhereuikau Hotel. I have noticed sheep constantly stray ou the road at that particular sppt. I took the Fernside stock over about Bth July last, before the lambing season ; I have' sold fat sheep since then to the Gear Company ; I have sold no lambs. Constable Smith in examination ; Then anyone found in possession of Fernside lambs could not say they were their property ?

Mr Gray I object; the question is altogether absurd. The Bench upheld the objection. Examination continued ; I did not authorise any person to drive sheep off my land on the morning of the 22nd. The sheep at Fernside are not a common class—they are exceptionally good. They are long wooled sheep, originally Leicesters with a strong oast of Romney in them ; the older ones have the Leicester type in them, crossed by Romeey ; lambs have been born and ear marked since I have taken over the properly. I would not undertake to iudeutify the fleece of a lamb, if off the carcase; I could tell you if it was the same class of fleece, but I could not possibly indeutify it. Constable Smith here asked that Mr Elgar should view the skins, which were in the lookup.

Mr Gray ; Not at all, they must be produced ia Court. The Bench ruled that the skins should be brought into Court. Constable Smith here whispered to Mr Elgar. Mr Gray : You must not speak to the witness, it is altogether irregular. Constable Smith in reply : I only asked a simple question. The heads and sheep skins were produced in Court, bringing with them an odorous accompaniment. Mr Elgar in answer to Constable Smith : 1

have no hesitation whatever iu saying the ear mark on the heads produced, is my ear mark. I have no hesitation iu saying that it is the remains of one my sheep with the ewes’ ear mark out out. (No 2), This is the head of a 4-tooth ewe, and from the appearance of the head, there ia no doubt that it has been recently killed. The third head produced has the ears taken off recently. This (No 4), has no trace of the original ear mark ; they (the marks) having been recently cutout.

To Dr Spratt, J.P. : I ooald not say if out out before or after, death. To Constable Smith—As regards No C exhibit 1 could not say there are traces of my ear mark on that particular head, but on the loft ear detached, which you now place where one has heeu severed, I swear that the separate ear mark you now submit to my view, has my ear mark on it. 1 could not say positively if the ear was taken from that particular head, though it appears to fit. I cannot identify the next head (No 0). 1 think the heads are of sheep all having been killed about the same time. Those four live lambs you now produce iu Court have my ear mark ; they are three ewes and one wether, and are my- property, which 1 value at 8s each. I value my ewrs in the wool at Ida or His each.

Cross examined by Mr Gray—l do not say my lambs and sheep were stolen by Mr Kempton ; I do not say they were not stolen, but I cannot say by whom they were stolen. I reported having missed five lambs and one ewe. Hrave missed sheep during the last six mouths. Whenever I mustered a paddock I found my sheep were short. Wo have mustered within the last week, but did not count thorn. I cannot say that within the last week I have missed any sheep from the run. I have missed sheep from time to time during the last six months. My ewes are not all shorn, only partly. The heads produced iu Court ate from unshorn sheep. My sheep frequently got on the road ; they have been impounded from the Ifeutherston road, but not from the Greytowa road. Whenever they have strayed they have gone towards Foatherston. There is a strung reason against their going towards Greytown. Greytowu way, they have to cross the river or the bridges, and they will not cross bridges of their own accord, I could not say if (here, are 200 different ear marks—there may ho more - it is quite possible that some resemble mine. Sheep iu the nalmal course might

have been sold from Fernsido before 1 took the place. Sheep are very fond of straying, but not when they have sufficient food. 1 say that sheep would not travel in trout of people going Greytowu-wards without being deliberately driven ; they would turn back towards their home. If a driver of a mob of cattle was dishonest he would probably allow the sheep to join bis mob in travelling towards ttreytown, I should nol think they would go otherwise. I could not say if there is any ear mark in the district closely resembling mine. Of course, if an ear were not attached to a sheep’s head I could not swear to it, as my sheep are marked on both I could upt swpaq to this ear produced as belonging io any particular ;^ u l * l has my ear mark. I say that the ear, taking one ear by itself, is my ear mark. I cannot say it belonged to my sheep, but it has my ear mark. These two ears produced I believe are both right ears, and have the same stamps of wool, and are from the same class of sheep—the same class as mine. I should sty that both are marked at the back of the ear. The lambs would not straw two miles from their mothers, being un weaned,

A Wilkinson, examined by Com-‘.able Am laud lord ot th- 'i'anii-rcnikau hotel, a' n icsuio there. I unirmbcr Tuesday, 22ud December. I was working that day caning hay, cte., in a paddock near the hotel, about five chains distant from the house. Was there also on Monday, ‘-list. Had a view of Fe.itherston rood on Monday. Saw some sheep on the road adjacent to the river bed—some ten or twelve ewes and lambs between the two bridges I believe they were Mr Eiger’s, from Fcrnsido. This jvas in the morning. Afterwards I kmw they were Mr Elgar’s sheep. It has been usual for Mr Elgai’s sheep for some time past to bo camping near that snot, especially since 'ho fences have bc-en washed down by the liver. I certainly should not think that lambs would stray two or three miles from their mothers. As a rule sheep will not stray into a slaughter yard, or where there is blood. To Mr Gray—l know sheep have strayed from Foruside. I have seen them ou the road.

Jacob Hebley, examined by Constable Smith—l am a boiler maker by trade. I ha\ u been this last (week at Tauln-renikau. I am shearing (?) at present. I slept at Tauht-renikau Hotel on the morning of the 22nd, and occupied a room in the front of the house. It was a line clear moonlight night, and. early morning I could discern an object about fifty yards distant. Cannot say the- umal width of a road. I was particularly anxious to be up early that morning (22nd) as 1 wished to see a trial ou the race course during tho early part of the morning. 1 was aroused by hearing a noise. I could not say how long I had been in bed ; might have been an hour, more or less ; hears footsteps of a horse going past the hold ; looked out of the window and saw an horseman going in tho direction of Foath<rston. It appeared to be a dark horse. Anyhow it was a dark object, There was also a dark colored dog, I then returned to bed. Soon after, I was disturbed again by hearing horse's footsteps. Got out of bed and saw a man with a horse going towards Greytown. ;Also saw some sheep. Did not notice the number. Might have been ten or twelve. Have no doubt of their being sheep. A dog was behind the shoop. The horseman appeared to bo loading his horse. He was on the off side of the road, off the hard road. I could not say if it was tho same horse returning as the one 1 saw going Featherston way previously. I am quite certain he was going in the direction of Grey town. Did not ascertain the time afterwards ; I thought I had been iu bed about an hour when I was first disturbed. I believe another visitor, MrSpeariuk, slept in the next bedroom to me.

Cross examined by Mr Gray—l could not state the time or bow long 1 had been in bed. Believed I retired to rest about 11 80 or 12 o'clock. Did not notice where the moon was when I wont to bed. The sky looked clear. As to the appearance of a shade in coni ectiou with the moon I could not say. If the moon was low down on the ground it would I should think make a difference. (Laughter). I did not look after the man long. I did not feel interested. I should say it was a dark colored horse naturally, but could not say whether bay or black. This occurrence must have been some time after twelve o’clock. 1 have never driven sheep. I could nut toll you how long it would take to cover a mile in driving sheep. I believe the distance from Tauherenikau to Greytown ia about six miles.

vVilliam Bpearink, sworn —I um a farmer resiiling at South Featherston ; was at tho Tauherenikau Hotel ou Monday night, 21st inst, and slept there. I heard a horse coma past during the night. It was about one a.m I should think. I heard a horse going down toward Featherston, but did not sic it. Was again disturbed later on. Got out of bed and looked out of the window. Saw a horse with a man riding on ii, accompanied by a little dark dog. Saw nothing else. The horse was on the side nearest the hotel, and the hotel. There is a large tree ou Ilia Moroa side. He was nearly opposite the tree. After he had passed the corner near tho tree he was out of my sight. Thehorse* intiu was travelling in the of Greytown. It was a beautiful moonlight night (or rather morning). The horse appeared to be a dark one. 1 believe there was an interval of half an hour from th* first time of my hearing a horse passing to the time I "saw the horseman going toward Greytown. I should say it must have been about half past one when I saw the man, horse, and dog. I saw no sheep, I could not swear to Mr Elgar’s ear mark. Saw about thirty sheep ou the road ; some on Sunday night and some on Monday night. Cross examined by Mr Gray : I am not short sighted ; the mao did not drive she, p as I could see ; I saw the man going toward Greytown, but saw no sheep ; I watched him two or three minutes. It might take a man two hours to drive sheep from Tauherenikau to Greytown, if he did uot push them beyond a moderate rate ; lambs would not go fat from their mothers if not frights nod away ; I don’t know the distance because I have never measured it, but I should think it it between four and five miles between Tauherenikau and tho slaughter yards belonging to Mr Kempton. Frederick C. Smith dep'ised : lam a constable residing at FeiUurtoa. On tho morning id the ,22nd instant, Mr EVar complained to mo that he had 10.-t -ie,.e sheep. (Mr Gray i l’j etui). MVI, tin., in consequence of a complaint made to me by Mr Elgar I piuceideu to (ire.vt. «n, in company with Constable Eccletm., id Gieytown, made a feared ini' some ;.i.i ,|i. np- ltcd a* stolen from the Fernside pivjiiU, during tho night pluvious First proceed.d to visit a slaughter yaul ou the Taul.Hw.ikau to Greytown road. I learned aiu rwaids that it was Mr Kemp ion's siaiipii.i i yuiur, but did uot know it at the l i in . Wear past 'be gate about ten y-h,;h hj. the oo ■ iioo of T inherenikau, and n-diced a gi. .it uu.nia i of

sheep marks, as if gninr from <1 r< ' ■ vn I a Tauhcreuikan, l>ui I;,a, an... U. . .. .■<< . > few marks going the < ji;v«>c \\ay ; •‘■.■l i-A observe any going toward ‘mj town, until i got to the slaughter vunl gate, <.r t»n ran’* past, liaviug examined th« iu;w c.iula from the Moron comer to the hlau;.;)iti r yard Kate as I proceeded that way fimn Crcytowu , tbo few tracks on the routi led to the gats loading to the slaughter ynot ;rv ■» ber of slieep tricks in-i-l. the ! -it took no notice of them .s ►! <-cp I! to the right an ! bft ; 0:1 a riving ut the enclosure saw two slutk nj iru tut about to lie killed, at 1.-a,-1 I pr'inim ! BO; wo Went r< llfd to the mi] of ti. " race ami found .-."me.-Imp ski. sludgy taken off ; this wan air tit 12 «.t-. 0,. n,>. uund. I, in eolupimy with <'em si ai/n Hit a. ten, ex amined the slaughti r yard wln;c li.o leasts were \ aided, and ii..- de aMn oi eate ht-io

tin- cuttle were v.iiili I w • j..us d t) - ••.•tir Inuj'ei produced in Cl 'll’ l tcii.v ; cvnib td tin* car mei l,s -in, I on- >. th- ■ o ■’ 1 with the descripliou u,ipii>t t>■ i>j- hj. 'll Elgar; examined tli«- is. i. ahi request of Mr Gray i imw sic l<-1.. To the Bench —1 found the p.n o '• i.. m the gluep were closely boarded d ■.!- viced fiurn where the two loono,! i- tt'e wetn by a roughly 1j. -;tr.i<-1 g ite , tee chi p would require to ;■ 1 ifr.-.i, hj two ;.'u;i n or enclosures before tfmg t" winnc w<. fid them ; I am not very y Mtu- wiiich vqv the gate opened, but believe 1; , j mi .I towards the lambs. We found two she.; ■*' heads in the piggery, and Constable Ivcld iii also found a portion of an cur (produced I ns )f thrown from fhe gable end of the daughter house into the piggery. Outside we found another sheep's head ; we also found a lamb's head ; Constable Eccleton then proceeded to arrest the accused, and I look possession of the heads, skins, Ac. The slaughter yard re about four miles from Tnuherenikao, but nut more than J of a mile from (irevtown ; also took possession of tbc live lambs and conveyed them to tire police station at Groytown. -

Cross examined by Mr Gray—l had previously heard that sheep bad been driven towards Gieytown on the morning of tl a 22nd. When we came lo the tracks of tba sheep we went no further. In returning to Tauhereuikuu about seven o’clock in the evening of the 22nd, descried the cheep tracks in the dust all the way to Tauheiinikau. If very windy 1 should say the fool murks would

oot_ have beet! visible, I beard that Mr D. Knight had e,u.«n a mol> of iambs to Featbergton from the airec.i ju of Greytown on Monday. N.-di-ci i» buuiu-r <d sh.-tp Hacks one way, a..i ~ few the other. The opening to the siaugi. ter yard is at the extreme enu of tnc me., and 'the jK-gey is LeLiiid toe .- o.liter vird, 1 mi i.o : rotico that a slab hud been taken out through w.nch -toa im.-u oe thrown. I mjtio- : tout at one Poree toere w i,: uu ..pem If lidos by i. iut in;; eo .-.ig!. i o a ..mib t. ■ giios tut-.-ugii. of coaiae that would • e end upon the oize ef the lamb ; they cntila only get their heads through, tiio si-to these were ; when we were there by ? ;me means one of the lambs did get into the end sure w'-icio the beas’s Weie . I weird iitt; to o ore •; mv evidence to that effect . I am now ■; .lain that lie- g-.'.e opened toward toe lambs , I said that the one lauru aid nut get tur,u r a under the gate. Joseph Eecleion oWvru 1 arn a constable stationed at Grey own. On the 22nd hist., I, in company with Constable smith of Fea. tuerstou parsed rue g-te leading to accused's slaughter Lmue , offset-vei sb, muss going m trie direction ef Xaiii.ereniKuu. also in the direction cf Grey t-ovo, { .Lowed those going t-. tireytown. am lu.-t them ~.t :i.e gate leading to slaughter yarl, proceeded to the yaiJ in c._ in pan y with Constable Smith ; the tlua.-uter yard Gauds about 100 yards from 1 ti.e main road, ou left Laud side going to i'auueremkui : tire slaughter yatd is about j three quarters of a miie it-,in Gu-vt owe, j made search in the slaughter yard premises ; j found lour lamas m the inside enclos'd',e, I having ears marked corresponding with pro- ; ptrty in possession of Constable Smith, being I the same 'ami s us pi.Mated in court to-day ; j a!>o found some sheep s heads, three or four ; One of Uie nears am an tar were taken from a recess in a dividing waii between the slaughter house and piggery ; the heads and ears tallies with tne description of property in pusstestou of Constable Smith i aUo found seme other skins (2i, and a lamb akin which nau teen recently taken ofl sheep ; I proceeded from there in search of accused and round him a: Papawai, I arrest-d him oq charge of stealing sheep, the ptopeuy of Mr tlgar of ierosi ie, which were then in his i yard, accused said '■ 1 found them on the! road this morning when coming from the I race course end did not know who’s they were ; he said he had been at Waihenga and did not get back tiil 2 in the morning ; immediately afterwards he said he got home between 10 and 11 ; he said he had a drink at the Bash inn between 10 and 11, and got home shortly aftenvards ; he said the boy who was then present with him in the cart was with him on that occasion ; I then conveyed him to the police station Greytown, 1, this morning examined the slaughter yard premises, and found the cnmmeacemeut to the enclosure of the race was about C 6 paces from the road fence; the race at the opening is about 25 yards wide, extending to about 50 up to the slaughter hoime ; I am acquainted with accuiea ; Lis norse is dark colored ; he was riding it ou the 22nd ; his dog is black and tan , I have seen .Mr FRar s car mark on paper. Tne marks on the lamb.-,' eats weie somewhat similar to the mutilated j. .ir, one head bore a similar detached matk : it might law been larger turn that shown on paper ; the mark appealed to have been enlarged : a portion cut fresh : I saw oth r -:kms there on Ineediy ; they were old skins \ out I did not examine them, tnciefoie do not I km.w whether .rime m nn.ike : I arrest-d ! acct.-e r th.s sine of tiie Lap i,,mi neck ; 1 aid ■ no: 2:sta,i win wit.n- he iudk-cu thenigi.t j bcf.jia- ; I df i Let make enquiries rccjieetme 1 the time he go; irons , cut 1 was mid he ' wa.-, a; til, LUsU I-.U , nu made uilielent •

dtiumcats : lie ..a.U he w...' lunging tallie i fre..'. .lie ;.. r t '■ M'' u!ld f liOu '.he .-Ur-L-p eiQ i tab f'- ti, i.. 1 Uid ..ut J-.nulV IVLOSe tiib\' Were I ■\Vatn visiting the fLiughtc-ryard, while in 1 CCLVeiS itw.., .1. mentioned till*£ SOU.C sheep ! o( Mlteliei. S «ete a.eib Selllcti.Ue lig.j. I, baJ a ' ''.ari ii.* io arit-it the uceiii-.cd ; did ■ Dot i u u.i of warrant L.-lng m existence ; ■ an iLiunn-hi ru was eivoiu to utter accused | had Icet arrested. j fL’.S closed tab Chic f u r till) pK-SecUtlOn. I Hi Gr..y wuuci to know if the Bench I const Jeted ta.re was any case to answer. ! i Mr liny ; Must .ieciutdiv. ; rue|ttccUseJ tuen on U-.ng charged pleaded “ But Gui.ty." i Mr Gray uddiesS-ju the Bunco at some i iemgm Cu Ou-balf of his client. . \S iiiitso was then Culled fur tiie defence. i ihiucui llu.iujck, a .ax, e-Vui'i ; I live ai i Taratuhi, have sume time since worked for s Mr Keiaptuc, ta- defendant : am a rubbUer ' wr.an .upioyeu. Went to Mr Kemptuu’s on i on Muiiuuy running ; was at Mr Kempton’s > shup duiing trie day , in trie evening we went i to MartuiLutuUgu together, .cuvinc Grrvto.vn i betwoea four and five. Wo got two 1.-ad of I catl.e from Tusond, returning home ecu ,d l by Ice loud to Gte.rtu.vn, leaving th..-ie j between seven and eigat; vc went very sh w. ! MiKumptut; stopped at dodge's Bush Inn, , and I went on with the two bollocks ; Wb pat them in the race course because they were knocked up. We arrived at Mr Kempton s private nouse so.-a after 1 o'clock ; accuse.! Went inside, and i to-A the Biddies off the buses, white Mr Xempton lighted a tire. Wnen 1 went into the bouse the accused loukid at his watch, and said it was twenty minutes past one ; we hud supper, and thou botn went to bed. I slept in a front room, not a Lid room, and Mr Kcmpton slept In •nother front room the ether side of toe passage ; ' should eay it was nearly two before we went to bed. Mr Kemptoa at..; u buy named McPhee Were up early, and ~rd breas(u«t ; the buy going away on a i, , and Mr tumpGu m ibe trap. I go t up about (uar —soon after -hey bad left, and bad brcaafast. The accused had gut the cattle off the tace course in to the slaughter v ar J paddockI nsipsd to yard tue bullocks, four good sized tames lau out uf txe setub near the K au' and .-cut into the race with and before the undocks ; the gate is opposite tue Slaughter house on the i’aubetenikuu road A..ter me sheep went in, three went into one feu and one into me utnet with the bullocks, viz., mu iru.t )cj : the boy Mcl’hea ac mg upon instmctiuii: fioiu ids employer tun - .1 tue one hniu into the father pen with me ether three , LLe Lu'lock-. might have ki.h-d II c t ner.Vls-J. Accused Said ill- -V endt iL .1 ■ ■u;-e ianms they were. lam iiu.te c-.-r iiu ■it-...; tuv ttmc w„ urn-,, .! home from Waibeugi , X mmk it wa a. Nt 7 and * o’clock vUeil Via let; -. I held a r O two or G-l'-J posts t tukcu off Ut.xr tile gut!" by the road. Wc w iit to Bapawui iMr K and I), during me l.y ; .m coming tack wo met Consume Ec,-v.tun i.-.-ir the creek ; the k '■ ■ a■»'-aole, Mr Y-,rk t i-l • you wiute.l to see me ; th) cun-tat-io urG »i. i, vvaut th t| nat.- ye., g.j yvur y .ti, mi .scl :-ui-i tucrew«:i;s..mc that nn wltiitde i ..jci.s .i;.d ;h ugh: thc\- l.eloogc it. Mr GiUtonus ;Lcy 1 the smi.-E.i! tairi. ;imu k the . -n-t.iirie hj. ;.t a,t’,.i, . V\ r:.U vvo.iln y- :i s;y 0 ■■ ■ ic. i -'ere- i nir, , , t L- 1 n = i-. y i i..ny iMu cr ; e -'.l ..u ; : .■: .-t0.i;..,.- t!;r:n ,:i-t n M„’ t. ■■ i . u,■■ i i , ..ltd n-.; i; jj- r fclicir . 1.!'.;,. 1. Accg-C ; u tor wi. .t. ;.c ;i. i . c c. ( j, v, .s W i..isng», .. . ■ ii.d !i : g-r' hj >a. Until . no L< . l ‘i -• . in i:. ■ in uning. .v.vi- d U ' J ‘ 1 k ' lli '’ E:.; ■ nft mi, tu;, i-ug c ’ • : k '-- a i 1 -i- oir = ! the u ; 1 >l. 1l; ; U; ... icUjv .1 r.Vis-ha 1I;m i ,l! ' '• I • Ui -‘ ! '•! diiving < attic ■. fl .- V 1 ... 1-.1 111; 1 I'M C Cl; ; I ,J.J .;e f I 11. .i ui ‘1..1 J. t ft !! '• i. I; t ’., * ip i j[ \ I - ; di J

Ue-eXiiiiiititi try Coast rhie .Smith-1 never sa-.v tun contents of the top on ibe momi'.--ol the -.'io.i, when leaving the s.lau,htcrv:M.i, Nil [ct-ion has bean talking to me about thiMjo other trrau Mr Kempton, nod he onh asked me it I knew the time we reumrcu home. Notaiag else. It was list ingot we spoke about the case Ish old say the distance from the siattghteryard to tire gate is about iO yards. To tire iiench- -The gate was shut when we got there in the morno-g ; the lamps were iu a t«eu*.y acre paddock : one did not gel through into the second yen with tin; others ; we could no l, very weii stop teem from tunning into the race ; there were other sheep iu the paddock near tiro race course fence ; the other sir.-ep were accost line 1 to the piddock, but the=e iambs were not. I should have near'd rf any pc. son Lad otrrred from the house that morning jddud) before I got up.

Richard Tilson, sworn : Saw accused after 7 p.m. ou 22nd ;bo arrived about 7.80. Bold him two bead cattle. 11. >•: >tv ■■' about Bor alter. It wcu-.a la," u- ■■ m- ux

bours if 1 were driving to icacn Hi ‘.Vio.yi; ; told Kemptou if bo drove them list the;, would be no pood. Do not see bow he could Lave got there before 1 a.ui. Donald Cross, sworn ; Am « farmer tosiding at Moroa. Sold tbn e siuep t» Mr Kempton recently. It would take about six hj mrs to dtive a fat bullock from Waihenga to Grevtown.

John D. Heagerty, sworn ; Am a farmer living at ciny town. Bold etves heavily fleeced to dcfeuuact about beginning of month; tnerc- weie eight lanih< He has taken delivery ot some of them ; took the lambs b. last week, They were not dockeu ; I c. ugut them from Mr Ctidland.Fernsiue, and fluid receipt; they were ear marked and I can swear to mark if I see it. The one (exhibit A) is front part of uu ear ; bought them in March 1 yBA. The lambs are the progeny of me ewes. Defendant had liberty to take them when required ; took some last week. Tne ewes were suckling lambs. Have known lambs to come on my place from a long way on. I have known a single ewe go to Masterton with other sheep. John Galvin sworn—Am a slaughterman at present working for Mr T. Kemptou. Have killed at defendant's slaughter-house. 1 have- stopped the boy MePhee several times from cutting ears off sheep. It is not usual to leave heads ou skins. About two weeks a.o brought sheep from Heagerty’s for defendant.

| Hugh MePhee, a boy of 13, sworn—Work for I Mr Kemptou and was at his slaughter-house at B o'clock uu Monday uight catching pigs and putting them in yard. Baw two dead sheep and one iamb hanging in slaughter-house which were killed Monday morning, I believe. Went with Mr Kemptou next morning to slaughterhouse ; I roue, and he went in a trap. He took the horse from me at the gate, and went to drive the cattle. Did not see the cattle driven in. I often throw stuff over the wall and know it gets between. Mr Kempton put the sheep in the trap and drove away ; I rode, i I often cut sheeps’ ears for amusement. | To Constable Smith—Three,lambs ran in | under the gate, and I chased the other one in by direction of Mr Kemptou. Threw three Leads to the pigs on Tuesday morning. Thomas Kempton, jun , sworn—Am a sheep farmer at Moroa. My son’s paddock of twenty acres joins the race course. 1 have sheep there now. The gate of his paddock is nearly always open. On Monday I took a key and padlock to him, and threa tened to take paddock away if gate was not kept shut. Some of my sheep are eat marked a back piece m one car marked similar to one produced. On Tuesday it was blowing hard. Heard what Constable Smith said about mob of sheep going to Featheraton. Have known in shearing time lambs get away ou the road from their mothers. My son has bought sheep from me lately, marked same as those produced. The two t-ais produced to day is the ear mark ol Mrs Humphries’ sheep ; I got them iron Mr Clifton : they arc right ears. E. Haycock, it-caiicd : I remember beinj at slaughter yard one Sunday, some timi ago, and saw three lambs go through gaU a., largo as thoi-e in Court to day. Too Bench, after retiring for about i quarter of an Lour, dismissed the case, re marking that according to the evidence, i must Jiuva been impossible for the accuse,: to have Llon at Tauhtreniknn early on Urn moreing of Tuesday. 22nd instant, TLsheer). wbii-U were undoubtedly Mr ElgnrV. weie oi tit-re I to bo restored to him, as tli evt unco shewed they got into defendant' ■daughter yards by accident. In answer t 'dr Gray, the Bench said the accused lei; ti.e Court without a slain upon his cluuacter.