Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 National Library of Australia http://nla.gov.au/nla.news-article142910681 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 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (2) National Library of Australia http://nla.gov.au/nla.news-article142910681 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 as li s property, and when | .ho discovered the bag and skin there i was a red' dog lying alongside of the J 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 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (3) National Library of Australia http://nla.gov.au/nla.news-article142910681 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 morn'ng, but later de 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 argue that out in 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 a bag conta'n'ng something which j lie put' in the suky and drove about 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 boy to' explain it was fresh mutton and not salted. He was over half \n-hoiir taking the statement. The lad1 was. perfectly straightforward In his statement. Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (4) National Library of Australia http://nla.gov.au/nla.news-article142910681 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 ery o-f ,1 CO head of cattle and took them) to Toongi. They first went to Ponto and on Thursday camped at the Little I 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. At this 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 reason why lie, did not say they had meat before 'deliver ng the cattle Was because Sergt. Hamilton did' not Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (5) National Library of Australia http://nla.gov.au/nla.news-article142910681 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 in the 'bag. I 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 Sergt. Sweeney:' I again a'sk that w'tnesS be treated as hostile, your Worship. The Magistrate: I do not think witness is trying to mislead you. In reply to ifurther questions by Sergt. Sweney, _ the boy stated: 'I did not!: see Fahy wVlth (any thing in the hag. I , saw him with the horse and sulky. Fahy ci|'.d not tell m[e where ihe got the ichops. 'We had three dogs when tak ing the cattle to Toongi, and we camped on the side of the bank at Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (6) National Library of Australia http://nla.gov.au/nla.news-article142910681 L'u-tle ,R ver Bridge. I saw Fahy I coming from under the bridge, but d'd1 not not ,ce him- with anything. Fahy cooked the chops and I had; 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 back with a bag. 'I neiver looked to see what was in the bag. It cou'ld iiave been a chaff or corn bag1. Fahy put the bag in the sulky and drove I 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. Hami lton. The dog was missed on; 1 Friday morning and it was found the same evening.' 1 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 ing two draught horses, and these j Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (7) National Library of Australia http://nla.gov.au/nla.news-article142910681 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 dinner on Toong', about nine miles j from Little River Bridge. I am sat- , s-fied Fahy did not bring the chops back with him-. He got the chops ' from the sulky as well as other food, j Roy Stevenson, part owner -of I Terrabella property, stated that on j the 19 th Novemiber he was e.ultiva-J t ng fallow on the Wellington side of the Little River Bridge. This would be about' 5.'3'0. ' He 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 would be about 8' a.m. Later on h'~ brother told him something, and' nt 3.©0 p.'m. he saw the same man and the same turn-out going- toward? 1 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' Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (8) National Library of Australia http://nla.gov.au/nla.news-article142910681 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 from; a sheep wh ch was tlieir pro perty. Th s sheep 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 good look at the skin. It is in good I cond tion, iand I cannot say if the) an'rnal was skinned- ait night or I during the day. I examined , it as | to ear marks and wool. I have not identified: the mutton. Rupert Sftevenson stated, that on receipt of fa telephone mes sage he went to Little IRj-ver 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 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (9) National Library of Australia http://nla.gov.au/nla.news-article142910681 day morning. On Friday afternoon Constable Graham came and saw him and they went to the iLittle R ver Bridge where 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 1.30 and1 2 p.m. when I fii-st, saw the skin, and' it Was one. hour later 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 stolen at Terr.ab.clla, arid /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 Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (10) National Library of Australia http://nla.gov.au/nla.news-article142910681 meib of cattle that had camped at Little River Bridge, and he admits 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 under the sulky. Later he ac companied Mr. Stevenson under the br where they found the sheep skin, which .was identified - by j Mr.- Stevenson. , About 20 yardsl from the site of the camp fire he} 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. The. Mag strate: There is circum stantial evidence. A .bag is thrown from the suliky and a bag coritain ng mutton is found under the bridge, then we have the fed dog. Mr. Davidson: There is no evi dence that the bag was thrown Wellington Times (NSW : 1899 - 1954), Thursday 26 November 1936, page 11 (11) National Library of Australia http://nla.gov.au/nla.news-article142910681 there by defendant, or that de fendant was at the exact spot where the bag was found. The P.M.: The lad's e\l'dence ,i's 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 proved by this prosecution. The PjM.: There is a very strong) 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 loophole there. Defendant is dis charged.