CHARGE OF SHEEPSTEALING.

Waikato Times, Volume LVII, Issue 8055, 13 November 1906, Page 2

CHARGE OF SHEEPSTEALING.

A CASE DISMISSED. At the Hamilton Pt lice Court yesterday, before Mnsßrs KJ. P. u ll and J. Knight, J s.P., Thomas Mayes waß charged with that uq .wovember 4th, he did steal one lamb, valued los, the prope.ty of M. <3. Farrer, of Kirikiriroa. Accused, who was represented by Mr MacDiarmid, elected to be dealt with by jury. Constable Kyan prosecuted on behalt of the police. \ ernon Whitaker, borough ranger, doposed that on November 3rd, he impounded 15 ewes aud laiuln which weie trespassing on Mr Phair's property. He went straight to Mr Farrer, to whom the sheep belonged, and gave him written notice that the sheep were in the pound. On his return he revisited the pound, and found all the sheep got out, one being in the Waikato County Council paddock close by. It was not eight o'clock, and after enquiries the sheep were discovered at the b*ck of Mr Stone's, and driven back to the lane aear the pound. He asked Mayes where he could pi ice them in safety for the night. Mayes and liidfi rd helped him to put the animals into a yard next the pound; the sheep were not counted. The sheep which was in the Council yard ran past Mr .Stone's on the river flat near the ilaxmiil. W tnoss left it there and counted the others, making 44. A few minutes after four o'clock the next morning he visited the sheep, and when at the bottom of Rch ■aoiid-street, hj« saw two men in the pound lane. On turning Cousin and Atkin's corner he law M yes and Radford at the top of the pound lace, both on horseback. When witness met accused, he noticed that he had a sack on the saddle in front cf him. His attention was attracted, as it had the form of a sheep. Radford j ,ined witness at t ; e pound, but went away soon after. On trrival at the yard, witness noticed the sheep were scattered, and on going to gut them out, he noticed two were at the buck of Mrs Slade's and got them to the flock again. The one he had chased the nignt before was still on the flat, and on counting the flock he found there were 42. tie thereupon drove thorn towards the tlamilton Eist police station. On the *ay ho s<w accused and Ridford, the bitter advising him to put them in Mis dope's paddock. Witness said that as there were some missing he thought it wise to inform the police. After putting them in Mr Currie's paddock, he counted tha animals again and made 43. Mr Farrer's sou then came along and claimed the sheep. By Mr MacDiarmid: The sheep got out of the pound because it wag not sheep proof. ,1 he yard he first put the sheep in was jierely a portion of the street fenced off. 1 here was one house—Mr Lawrenoe'a—on the further Bide of the gate, whioh he presumed, was used by tradesmen. The yard was not sheep proof. Re-examined: He informed the police after he found there was only one missing. Constable Ryan swore than on receiving information he went to the paddock, and oounted the sheep three times, e.ich count being 43. Witness obtained a search warrant in respect to accused's house, and meeting Mayes on the traffio bridge, told him of the fact, adding that the poundkeeper suspeoted him of atealing it. Accused replied 11 1 took no b—— sheep of his." Siarch by Constable McCormick, complainant and witness revealed neither sheep or lamb Accused, in reply to questions, said he went to bed the previous night about 10.30 or 11 o'clock, getting up about 4.30, when he went to Knock's stabler, meeting iiadford on way, and that the two' cleaned a couple of buggies, and after calling up a man uamed Wilson, went to a paddock in II unilton East to get some aorses. Accused said he had had a bag in trout of him when riding, containing lead for Wilson's pony. Mayes took him to Wilson's, and there showed him a sack containing oats (produced), which both Mr and Mrs Wilson identified as theirs, and btated that they had had it for sometime, intending to sow the oats in the garden. Joseph Radford stated that, ri-ing between o and 5 30, he went to the stables, overtaking Mayes opp site Mr Sandts. Uefore going to the stable, be took a chestnut mare from the Council paddock, meeting accusei at Knock's corner, who told hiin he was going to take a bag of feed over to Wilson's. Mayes returned about six, both going to Jack's paddock for the horses. Witness described how the tine was further occupied until the constable met taern. By Mr MacDiarmid: He would not have been away from Mayes at the Council paddock more than five minutes. Alfred Rowe, an employee cf Messrs Dalgleish and McDonald, statad that i.e saw accused riding past his p'ace at 4.30 a.m. Elward Wilson'gave evidence corroborating Constable Ryan's, respecting the bag of oats seen at his place. Thoma? Wilson, a oab driver, swore that Mayes did not say anything to him about bringing feed over when he called him on the moruicg in question; neither had witness expectel auy. The oats in the shed were placed there about a month ago. Stanley Robinson, an agent, residing in Victoria-street, remembered seeing a lamb near his house lata on the Sunday afternoon. His pkca was no; near the accused's. Matthew George Farrer, runholdor, of Claudelands, deposed that the lamb returned to him by the police had taken to its mother. I his was the only means of identification, because the lambs had not then been oirmarked. By Mr MacDiarmid; He did not know of his own knowledge how many sheep had been impounded. Mr MacDiarmid, addressing the Bench, characterised the case against Mayes as '• the flimsiest ever placed before the justices." It had been admitted that the sheop could eccape from the enclosure, and to suppose a man guilty of theft becaufe the next morniog he was seen riding at an early hour neur the pound was unjuetfiable. It was to his mind, ridiculous to think a jury could cinvict on the evidence. The Benoh could see nothing to connect Mayes with the lost sheep and dismissed the case.