Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 Alleged Sheep Stealing : ? ?? ? : £ ? : ? ACCUSED DISCHARGED Very (Suspicious, Says Magistrate At the Wellington Police Court on Monday afternoon, before Magistrate Pickup; Patrick Fahy, a *diover, was/ charged with stealing one ewe, valued at £1, the pro perty of (itevenson Bros. fl'tr. Frank /Davidson' appeared for accused-^ ^whilst Sergt. (Sweeney pi osecUited on behalf of the police. Sergt. Hamilton stated ithat at 2.45 p. in. on Fr.day, 20th inst., he was, told someth. ng ,as the r-esult of which he gave Constable Mulholland certain instructions. At about 8.20 the same evening he was at the police station when ? Messrs. Stev enson' Bros., of Terrabella Station, came in, accompan ed 'by Constable Graham. They brought with them a bag' containing scraps of mutton | and also a sheep skin. Later on he saw defendant in Arthur Street and | asked h m to come to the police ? %tat:on, and defendant asked, 'What .'or?' whereupon witness replied, 'I understand you were camped at the bridge' at Little River, Ter National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (2) rabella, and to-day one of the Stev enson Bros/ found the remains of '.?ecen.ly k lied mutton and a sheep I skin, which he cla med as his pro perty and the sheep had been run ping on, an adjoining paddock.' Ac-'j cased replied, 'Because a man' camps | -m- the vie nity he gets the blame'' for ,t.' Accused came to the police! fivijtion where he was shown, the ' 'tefii'ams o:f mutton and the skin. Rupert ? iStevenson, ___ Constable8 i Mulholland'. and Graham were pre ' sent. Witness told accused that Mr.-. Stev'en.r.pn claimed the mutton | find sk;n li when as s property, and .ho discovered the and skin there bag i J was a red' dog lying alongside of the bag, and Mr. Stevenson states he later, saw the same (log lying in the shade - of. his sulky.- Ace-used re plied, ? 'The dog might have gone there for a drink.' Witness again aw accused, at nine o'clock next norning andi sa'd to ; him, 'You understand- you are to be charged ,vith .sheep stealing?' and he replied. ,'Yes.'. ;. Witness staged -he caution ed accused' before ask ng him any questions, and accused shook his he.ad. He told accused he had.o'b ta ned a stotement from a boy named Darney, who had been droving with htm.: He tokl him. that the boy had stated . had at National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (3) stated . they had camped at the. Little River Bridge, Terrabella, and as. far -as he knew they had no mut ton . n the camp that night, neither had they had any meat for break fast' the next but later de morn'ng, livering the mob of cattle at Toon gi, .-they had mutton, chops for din ner. He asked- accused where he got the mutton from, and he re l Pl'.ed, We. w.'ll that in argue out I court.' He told the accused the [ boy had1 also stated thai when he, accused, came back from Toongi, he w.ent. under the bridge and brought j a bag conta'n'ng something which lie put' in the and drove about suky 300 yards- along the bank and threw the bag out down the bank, to which accused replied that he would not answer any questions. The boy also stated that on Friday morning there was mutton in the eam:p, pro bably half a sheep. To Mr. Davidson: I took the 'statement from the boy. I asked Rex Porter to be present. Porter was advis'ng the boy and tell'ng him to tell the truth, and told the to' it boy explain was fresh mutton and not salted. He was over half \n-hoiir taking the statement. The lad1 was. perfectly straightforward In his statement. National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (4) Albert Wiltfainu Darney, a lad of, 15, -stated he re:t'ded (\yjth his moth or and. knew defendant and -went with him last Wednes day mornisng to Toongi. Before going there they went to Bar ton's, Naninla, and itook deliv o-f ,1 CO head of cattle and ery took them) to Toongi. They first went to Ponto and on I Thursday camped at the Little ! River Br dge, Terrabella. Witness said he was driving the hoi\;e and sulky, while defendant rode a' horse. They had- no meat the first n glit at Ponto, but had mutton choips on Thursday morning at Ponto. He did not notice, any meat in the sulky. He made a statement to Sergt. Hamilton. Atthis juncture Sergt. Sweeney desired to I'-ead the statement made by the boy, but Mr. Davidson ob jected, contending the Sergeant was 'riot entitled to read the statement to refresh the memory of witness. The P.M. upheld Mr. Davidson's objection. The boy, continuing his evidence, stated they had meat after deliver ing the cattle, -also before. The lie, reason why did not say they had meat before 'deliver ng the cattle Was because Sergt. Hamilton did' not National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (5) ask him. He only knew they were chops, and d d not know if they were' salted oi* fresh. -Sergt. Sweeney asked that he be allowed to treat witness as hostile,' as he was giving cvid'enee at var-: ' ranee with his statement. ? The P.M. refused1 to treat witness as host le. Tn reply- to' further questions by: oergt. Sweeney, the 'boy stated they1 might have had a quarter of a sheep1 I in the 'bag. The Mag striate cautioned the boy to be very careful and' tell the truth. Witness S-aid he did not look to ' see. what meait was' /there/ he only (saw some chops. 1 I a'sk that Sergt. Sweeney:' again w'tnesS be treated as hostile, your Worship. The Magistrate: I do not think is witness trying to mislead you. In reply to ifurther questions by Sergt. Sweney, _ the boy stated: 'I did not!: see Fahy wVlth (any I thing in the hag. , saw him with the horse and sulky. Fahy ci|'.d tell ihe not m[e where got the ichops. 'We had three dogs when tak ing the cattle to Toongi, and we camped on the side of the bank at National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (6) L'u-tle ,R ver Bridge. I saw Fahy I coming from under the bridge, but d'd1 not not ,ce him- with anything. cooked the chops and I had; Fahy three, and do not know how many Fahy had. I know the difference between corned chops and fresh. These were fresh chops. When Fahy arrived back 'from Toongi he stop ped at the bridge and had a drink out of a water 'bag, and then went under the bridge and then- came 'I back with a bag. neiver looked to see what was in the bag. It cou'ld iiave been a chaff or corn bag1. Fahy I put the bag in the sulky and drove along the bank, got out of the sulky j'nnd' took the bag and threw it over the bank. It could have been the same bag I saw afterwards. After wards we went along the ro-ad and one of the dogs got lost. It was a tan one. I have not 'been talking to Fahy since. I spoke to Sergt. The 1 Hami lton. dog was missed on; Friday morning and it was found 1 the same evening.' To Mr. Davidson: On Friday and Thursday we had- chops for d'nner, but none for breakfast. When we got to the L'ttle Rjiver Bridge 'we had to put up-, a: sort of fence across the dead-end. We were also driv j ing two draught horses, and these National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (7) road with the catt'le while he went looking for the draught horses. We took the cattle through Finch's and ] later saw Fahy talking to Mr. Finch, and he laitcr came back, and had no bag nor sheep with him. We had j dinner on Toong', about nine miles from Little River Bridge. I am sat- , s-fied did not bring the chops Fahy ' back with him-. He got the chops j from the sulky as well as other food, I Stevenson, -of Roy part owner j Terrabella property, stated that on e.ultiva-J the 19 th Novemiber he was t ng fallow on the Wellington side of the Little River Bridge. This 5.'3'0. ' He would be about' saw a man driving a mob of cattle and' two draught horses. He also saw a boy driving a horse and' sulky. They camped a'bouit a quarter of a. mile (l'rom where he first saw them1. This 8' would be about a.m. Later on h'~ brother told him something, and' nt 3.©0 p.'m. he saw the same man and 1 the same turn-out going- toward? Wellington. He could see the man about 300 yards from where he first saw him, and' about 100 yards from where he was camped' previously. Later, at G p.m., in company with his 'brother he went to the bridge and on arrival saw three hags, one containing gall fay and other scraps whilst the other two contained fresh' National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (8) two contained fresh' ly killed mutton. From h s ex perience he -would say the mutton ; in the bags had been killed within 24 hours. He identified the skin as tlieir from; a sheep wh ch was pro perty. Th sheep s iiad been running in the paddock adijo-lning Little River and was valued at £1. It was a sheep which had about five months' wool. To Mr! Davidson : I have had a I good look at the skin. It is in good cond tion, iand I cannot say if the) I an'rnal was skinned- ait night or | the I examined it as during day. , to ear marks and wool. I have not identified: the mutton. Rupert Sftevenson stated, that on receipt of fa telephone mes he went to Little IRj-ver sage Bridge and .there saw so*me Ibags contairj'ng mutton, also a sheep skin. He identified the latter as jhis (property fromi the ear '.mlark, and it was the only unshorn jsheep in that particu lar padd'ock. He had seen defendant tho pre vious day droving cattle along the road, and first saw h'm on Thurs day afternoon and again on Fri National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (9) day morning. On Friday afternoon Constable Graham came and saw him and to the iLittle they went R Bridge where ver they saw a red sheep dog near a sheep skin, and they also found some bags contain n.g mutton under the 'bridge. He next saw the same dog with de fendant's sulky. In one -of the bags were two calico bags with freshly killed mutlon. ' He last saw the shee'.rt running in the paddock at sundown on 18th November. To Mr. Davidson: It was between fii-st, 1.30 and1 2 p.m. when I saw the skin, and' it Was hour later one. that I sa\v defend.ant. ' Constable Graham, stationed at Geur e, stated from something he was told' he went to Terraibella and -there saw Mr. Rupert Stevenson and accompanied him to Little Pi ver Bridge, where they saw de fendant, who was accompari ed by a lad a'bout 1*5 years of age. In company with Mr. Stevenson he went over to defendant and told him ' he was a p.oL ce const-able, and he was making cert, in inquiries in ' - connect'on with. sheep . .reported Terr.ab.clla, arid stolen at /defend ant replied,, 'I. know nothing about it.' W tness asked him if' he was the man who was in. c'harge of a had at National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (10) meib of cattle that had camped at Little Bridge, and he admits River ted he was. Witness searched de fendant's sulky but found nothing, but he noticed a black dog fallow ing the sulky and there was a red c'.og sulky. Later he under the ac companied Mr. Stevenson under the br where they found the j sheep skin, which .was identified by - Mr.- Stevenson. About 20 yardsl , from the site of the fire he} camp eaw some offal and 'head of ai sheep in an old dug out rabbit bin*- 1 row. A'bout five -yards from the ? scene of the fire, which had' 'been re- cently extingu'shed', lie found: the; hoofs and shanks of a sheep (pro-i duced). The skin and bags containing the various portions of mutton were oroduced in court. This closed the Crown case, -and ?Mr. Davidson submitted there was no case to answer. The police case rested upon possession, but there was, no evidence whatever of pos session by defendant. is The. Mag strate: There circum stantial evidence. A .bag is thrown from the suliky and a bag coritain mutton is found under the ng bridge, then we have the fed dog. Mr. Davidson: There is no evi dence that the bag was thrown National Library of Australia http://nla.gov.au/nla.news-article142910681 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (11) there by defendant, or that de fendant was at the exact spot where the bag was found. ,i's The P.M.: The lad's e\l'dence that defendant brought the bag fro'ml under the 'bridge. I can have circumstantial proof as well as actual proof.. ' Mr. Davidson ? There must be d'rect proof of actual possession by defendant; and this had not been this prosecution. proved by The PjM.: There is a strong) very susipic'on in this case, and I aim very loth to have to discharge defend ant, but I am afraid I will liaive to do so. I must have ev'dence of pos session and I am afraid there is a there. Defendant is dis loophole charged. National Library of Australia http://nla.gov.au/nla.news-article142910681
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