RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 1004, 10 December 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G-.G. FitzGerald, Esq., R.M.)

AVednesdAy, 9th December.

One drunk and disorderly Avas remanded until tlie 11th inst 1 .

Lakceni'.

James Farrel, on remand, was charged with having feloniously stolen t»vo sheep, of the value of £3 10s, the property of one Charles Mullens.

Charles Mullens deposed— l am a cattle dealer, residing in Revell-street, Hokitika. Witness shipped, about the early part of November, 211 sheep, on board the Alma. Thomas Costello was left in charge of the sheep on board the vessel. Witness remembered last Saturday, the sth instant. Witness only received 46 sheep at this port. Received them from my man, Costello, who had received them from the ship. Witness was on board the Alma on Monday last, along with Sergeant Hickson. Witness identified one of his sheep, which had just been stuck by the cook. The sheep was one of those shipped in Melbourne. The sheep outside the Court was the one. Never authorised the prisoner to kill that sheep, or any sheep on board. v othing had been said to me about paying for the sheep by the prisoner or any other person. The value of the twn sheep would be about £,3 10s. The skin outside the court has the same brand as was on those shipped by me in Melbourne.

■ Cross-examined by Mr South— Witness authorised his man" to sell, the ship sheep on the passage, at 7d por 11>. That authority was given in Melbourne. About the 4th ultimo, witness's men were to kill and weigh the sheep. The Alma arrived in the roadstead about a fortnight ago, and alongside the wharf on the sth instant. Witness had seen Mr James Spence on the day on which the vessel arrived at the wharf. Had a communication with him (Spence) as to whether he thought the vessel was coming in over the bar. Witness also complained about the number of sheep that were killed.

His Worship said he could not permit the line of examination pursued by the counsel to proceed. The evidence could not be placed on the depositions. The counsel could call Mr Spence.

Examination continued — Witness never authorised anyone to kill the sheep" on board ; but his servant, Costello, believed it was a usual practice for the master to kill sheep if required — and no reasonable man would object to that.

Re-examined by Mr Broham — Never gave authority to any reraon to kill sheep on board, but Costello, either directly or indirectly. Thomas Costello deposed that he was a servant of the prosecutor. Had taken charge of some sheep at the Flemington Sale Yard, at Melbourne. 211 sheep were shipped by the Alma ; part of them reached this port by that vessel. Witness left the vessel in the roadstead on the 29th Nov. There were then fifty- six sheep on board. On the sth instant received delivery of the sheep. The prisoner was present and counted tlte first lot put on shore. It was about 4 o'clock. The sheep were counted by prosecutor's son. Forty-six sheep were landed. Never sold any sheep on board. Several sheep were used, and witness skinned them ; these were sheep that were nearly drowned in the heavy weather. The captain said it was as well to use them as to throw them overboard. Witness did not kill all the sheep so disposed of; the cook killed one, and one of the men on board skinned one.

His Worship said that this was not evidence, as far as the present charge \va«i concerned, '

Examination continued — When witness left the vessel on the 29tb November, never authorised anyone to kill sheep in his absence ; had not done so previous to that date. His Worship said that the examination must be confined to what took place on the sth inst. Examination Cdntimted-^ac. 'bead " ami skin outside is that of due. of, the shepp^pu^ ' on bdard in. Melbourne 1 by tlie jirdS'jciitor. There were none other than prosecutor's sheep on board. Cross-examined by Mr South— Witness could not recollect what day of the week the sth of December was on. Witness did not leave the sheep on board on the 29th of Noveniber in charge of anyone. Supposed they were in charge of the vessel. On .the ■29th . November took, a .letter on* shore to Mr Speiice; oiie of the" owners of the boat ; it was from the captain. The she .p were then getting short of water. Was again on board the vessel on the sth December; saw prisoner on board ; he was giving orders to the men. Did not see prisoner walk away with a sheep ui:der bis arm. Witness saw the prisoner giving a hand to land the sheep. There had been very heavy weather .coming over, and also in the roadstead. I A "Teat number of sheep perished on the way. About,, thirteen or, fourteen of the sheep we're* iised iiy the crew : _tin tliS voyage. The slieep would have died had they not been killed.

Robert Cole deposed that he was a seaman on board the Alma, and was so on her last trip from Melbourne. Remembered Mr Mullens' sheep coming on board in Melbourne. There were no other sheep on board. Witness knew the prisoner ; he was chief officer on board the Alma. Remembered last Saturday, the sth. of thii} nionthi Prisoner told me On that day tri take two of the best sheep and put them down in the forecastle. It was then about 4 o'clock. The sheep were being landed at the time. Prisoner afterwards said "Never mmd — only put one down. Another man had hold of a shtep, and was taking it forward. Witness then helped to put the sheep ashore. Prisoner was present when the man took a sheep forward. Witness did not know if any sheep were killed that night. AVitnesß saw two sheep in the forecastle that night 5 one was passed On deck j the other was put in the. paint-lock/jr: Witness, .s&av it. there oil the night Of the 7th ; it was gOile next morning. Cross-examined by Mr South — Witness saw Robert Grimestead take a sheep forward. Did not see it takendown the forecastle, but saw it afterwards. Prisoner was not present. Witness thought that about 150 or 160 sheep died on the passage 5 some of them had beeu drowned in the bad weather. Thought about eleven or twelve sheep had been Used duringthd passage. The butehef, Costelld, kilted some on the passage. The vessel was d.e'i tamed in the roadstead about two weeks through bad weather and bad bar. Some of the sheep were used then' ; about three sheep were used in the roadstead ; believed the cook .killed them. . The vessel camfe alongside tlie wharf on Saturday last. The' captain made an attempt to get the vessel in on '"Friday, but was obliged to 'bout ship and go out again. Robert Grimestead deposed that he was a seaman on board the Alma. Remembered last Saturday, the sth of this month. About 4 o'clock Mr Mullens' sheep were landed from .the" AlmaVPri- . soner told witness to pick out some of :the ; best sheep and put thent down in the fore- \ castle. Witness put one down, and when he returned on deck prisoner/s^id, " How many hive you put down ?"**-,! Witness saidj"One." P.risoniiv. then said to .-.wit; ness, "Put another good one down." Wit^ ness did so. On returning to the deck prisoner said " Has any one seen you put the sheep below." Witness • said he believed not.

Cross-examined by Mr South — About 150 or 160 sheep were lost during the p issage; 46 sheep were landed. The two sheep that were put below were for the ship's use. Several of the sheep killed during the voyage would have died from other causes. Re-examined by Mr Brobam— The sheep . put down in the forecastle were two of the best sheep. Charles Thomas Hearson, deposed t!mt he was cook on board the. Alma. Witness killed a sheep on board that vessel oh last Saturday right by the captain's order; Witness remembered seeing a sheep takeii on shore bj' the police on Mtinday evening •: Cross-examined by Mr South — Killed a sheep last Saturday about 7 or 8 o'clock ; the captain ordered witness to-do so. Did not kill any other .sheep alongside the wharf. There were two killed on Saturday, one in the morning and one in the evening : both were killed by the captain's order. A great number of sheep were thrown overboard during the voyage. Costello, the shepherd j killed, some that were" dying, about five or six of them were liscd by the ship. The sheep that were killed on the Saturday were for the ship's use. Witness has heard the captain tell the piisoner on several occasions, in the presence of the witness, that Mr Mullins would be paid for the sheep. Never saw the prisoner take any mutton on shore. The whole was used on board. James Hickson deposed that he was a sergeant-major of police. Remembered the 7th of the present month. Proceeded on board the Alma on that evening; saw the prisoner there. Prisoner told me he ' was the chief officer of the vessel ; he said the captain Avas" not on board. Witness told prisoner he had come to- search the vessel for sheep. Witness said to prisoner, "Arc there any sheep on board." Prisoner replied, " There are none to my knowledge." Prisoner afterwards accompanied witness to the forecnsitle, but witness found none there. On coming, on deck, witness saw a sheep going alongside the galley. It had just been bled. The last witness (the cook) was standing over it with a knife in his hand. The cook said prisoner had told him to kill it. Prisoner was present, Mr South objected to this evidence, as the circumstances had occurred after the sth instant, the day on which the information was laid. His Worship held the objection valid. Examination continued — Witness took possession of the skin and head of the sheep. Mr Mullens identified the sheep as his property. I asked the prisoner how he became possessed of the sheep, and cautioned him. Prisoner said nothing. His Worship said the evidence must be confined to what took place 04 the sth instant. P*\ Mr Broham would ask to haye-«nbrma-tion amended to on or about the sth. Mr South would object to the amendment.

His Worship ruled that the amendment could be made. Examination continued — The skin and head outside is the one. Mr Mullens srid to the prisoner, "What did you do -with one of my sheep, which you killed <>n last Saturday night." Prisoner said, "It is eaten now." I took the prisoner in custody 9n gb,srj|e pf sfealjng $ c ab.eejj, f

Cros?-examined by Mr South —Mr Mullens asked the prisoner in my presence about one sheep of his put on board the Waterman. Witness stopped prisoner from giving an answer. I had no communication with the captain. Thi3 concluded the evidence for the prosecution. In gnswer .to the usual question from the Bench 1 , prisoner said; "I was ordered by the master of the ship to put two sheep away.

Mr South submitted to the Court that the case wanted all the elements of a felonious taking possession of. In this case the sheep had been in the lawful possession _of the prisoner, and there bad been nothing, shown in the evidence to prove that th.c prisoner had taken possession -of the sheep. ; with" a felonious , intent, and therefore the information of felonious intent had not been made out.

James Spence deposed that he was a merchant residing in Hokitika. There were a number of sheep shipped on board the Alma by bill of lading. The vessel came in about one o'clock on Saturday, sth December. Mr Mullens, the owner of the sheep, called on me that same morning about ten o'clock; he asked witness if there was any chance of the vtssel getting in. Wituess said he thought she could get in that day. Mullens complained about the \dd 6f so litany sheep; ;., Witness said that could not be helped, through the bad weather. Mullens said tlie sheep should have been brought in, instead of towing in a small vessel when the weather was fine. Witness said that if he (Mullens) had mentioned before the Persevere left, he (witness) had no doubt she would have brought them in. Witness said to Mullens, " You had jjetter pay freight by the Maid of Erin for the .sheep.",. Mullens .said that they had uiade iise of sflme of the sheep on board the Alma. Witness said to Mullens, " You make your bill out for all that has been used, and they will.be paid for." Mullens asked witness to make an allowance for all the sheep thrown overboard. Witnes said he could not do so. Mullens said he would charge for the sheep used. Witness said to Mullens, "' I will pay you for all the sheep used ; send in your bill." Mullens has not sent any bill. Cross-examined by Mr Broham — I believe the freight has been . paid, by the Alma, to my brother in Melbourne. It has not been paid to me. I did not see Mr Mullens from Saturday morning until the time the prisoner was taken into custodj%

Re-examined by Mr South — Mullens distinctly told witness that sheep had been used on board the Alma; and ssked witness to pay for them. This coucluded the defence.

The prisoner was committed to take his trial at the next sitting of the Supreme Court hoiden at Hokitika. Bail would be taken.

liAECExf.— James Finlay was charged o"u an information with having, on the 3rd December jn.it., stolen one sheep, the property of Charles Mullens. Mr South appeared for the prisoner, arid asked the Court to remand the case until Friday. The case was accordingly remanded until that day. Bail would be taken ; prisoner in £100, and two sureties of £50 each.

His Worship said the Civil cases set down for hearing on that day Avould be heard on Friday next.

The Court then adjourned until this day.