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The New Zealand Railways Magazine, Volume 13, Issue 1 (April 1, 1938.)

The Sheep Stealer—

page 44

The Sheep Stealer

(Continued from page 23.)

the word. But Mabel's eyes filled with tears.

* * *

The following morning Sergeant Kelly, accompanied by his Chief, arrived at Monty's. They spent some hours combing the farm for further evidence, but did not disclose anything to Monty who remained inside with Jim. When the two officers of the law returned to the homestead they were invited inside:

“What time are you going to start, Sergeant Kelly.” asked Monty. “My opinion is that it would be better to wait until early morning, and if you wish you can then have two horses of mine and rest yours until you come back.”

Chief Inspector Wallace thanked Monty, accepted the offer and agreed to an early start in the morning. After Jim had gone they all retired. Monty was surprised at the consideration he had received, for he was not subjected to the slightest indignity.

It took three whole days to reach the Magistrate's Court, and on the day following their arrival arrangements were made for the preliminary trial to start at 2 o'clock. Affidavits were secured from the drovers concerned and from one of the owners whose sheep were missing. When Monty entered the box the Magistrate asked him if he had secured counsel, to which he replied that he thought he could carry on himself. He pleaded “Not Guilty.”

Sergeant Kelly was then sworn in and stated that in examining the manifests of the scow, the accused's shipments of pelts were apparently largely in excess of shipments in past years and that they were shipped Home instead of being sold in bundles at the local market as previously.

“Did you identify any of the pelts?” asked the Magistrate.

“No, sir, for they were trimmed and identification would be impossible.”

“Did you find any pelts or skins which you could identify as belonging to the stolen sheep?”

“No, sir. There was a bale of pelts in the shed. They could not be identified, and the loose skins about had the accused's earmark.”

“Then you base your charge entirely on suspicion?”

“Yes, sir, except that the losses occurred within a few miles of the accused's farm. I also was shown about 60 sheep on accused's farm bearing the earmarks of the stolen sheep.”

“How did you find these sheep?”

“Accused showed me them.”

“Have you any further evidence to submit?”

“No, sir.”

The Magistrate turned to Monty. “What is your explanation of this evidence?”

“Well, as far as the bales of pelts are concerned, I would say that having decided to go in for pigs on a large scale, I had to buy all the culls I could secure, for which I hold receipts. Obviously my shipments of pelts then would exceed any of those previously sent away.”

“These culls I presume you killed for pig feed.”

“That is so,” replied Monty.

“How many pigs have you?”

“About 150.”

“The sheep you bought though would hardly be sufficient to feed all the pigs.”

“At times, no. But I always had ample turnips or swedes and if there was a shortage I very often fed turnips with the meat,” Monty replied.

The Magistrate referred to his notes. “Sergeant Kelly in his evidence says you showed him about 60 sheep bearing the earmarks of the missing sheep?”

“Quite true,” agreed Monty.

“Then how do you account for them being in your possession?”

“They were not in my possession. I drove them in from the Valley road. There was no feed there and in a very short time they would have been starved to death; they had evidently broken away at the junction of the Valley and Main Road, strayed down the Valley and I put them in a paddock where they could get something to eat. I also put an ochre mark on their heads so that I would know them if they became mixed with my own flock. I sent word to Te Ako that I had some sheep which perhaps Sergt. Kelly will verify.”

“Very well, I will ask Sergeant Kelly to come into the witness box again,” said the Magistrate.

Sergeant Kelly took the witness stand again.

“Was there anything else of a suspicious nature about the accused's farm? “asked the Magistrate.

“The only thing I noticed, sir, was an extraordinary number of bones in the pig runs. I drew accused's attention to this. His reply was that he had bought every bone the Maoris could supply. They were put in the pig runs to bleach, which saved gathering from two places when ready for milling. The Maoris verified having sold bones to the accused.”

“Are there any other witnesses for your case, Sergeant Kelly?”

“No, sir, except the Chief Inspector.”

“Very well, call Chief Inspector Wallace.”

This witness could only confirm what Sergeant Kelly had sworn.

The Magistrate then asked the accused if he had anything further to show why he should not be committed for trial.

“There is nothing further I can add,” said Monty, “except to hand you these two letters from my neighbours. There are also the receipts for sheep I bought if you wish to see them.”

Having perused these the Magistrate returned them to Monty and said: “It seems you have lived from childhood near your two neighbours, Jeffreys and Chadwick, and they absolutely scout the idea of your doing anything dishonourable. There appears nothing in the past that would suggest your capability of committing an act so dastardly as sheep stealing. I cannot see that the evidence before me is sufficient to commit you for trial at the Supreme Court. You are therefore discharged. The evidence gathered by Sergeant Kelly left him no option other than to take the course he has done. There is some doubt as to your innocence in the matter and this very doubt, though not enough to commit you, must necessarily cast a cloud over you and make it hard for your friends. I may say that the police are still open to investigate the matter.”

(To be continued).