Manaro Mercury, and Cooma and Bombala Advertiser (NSW : 1862 - 1931), Friday 10 September 1915, page 4


Cooma Police Court.

(Buftm Mr. & U. «unu, i'.M.) Breacb of Iustxiittuni Act.

WiJliaui Uujf^eU was suiumoncd for ueglboting lo senti Ills cb'ilrt (6 sdipol fit flrerJlK) the icquiiect uuUiirer pf'tSmos. The M^iooluiastcr. Mr. ? .TameM Bjroii, Hajrf (h« trovjiwl aWcndoj (17 ; days, bumg &l da.vs ebloft or 111'' luinimuui aUvudfances for

the Unlf ycai', as specified by th£ 4ct. The jiresent was juic first' lnuu tbo -boy had uol mncle op tbc aUfudiiuces. The Bench; finctF d^fendasl Is ;ind Oe costs. ' Drunltemtefj*. John Glcnuou wan fiuou 5s for dninkcnucirs. an nlso was I'ntnct ConiK-Jly. Charge of Larceryr «f Bay. ' Cecil Huggctt and William Bowerttian were gtmttnonett for having-, du or attont 16th August, stolen iooc bale of lucerne pay, value £2, the ppopertypf James Bush. Sir. Mitchell ajfieared: to defend. i

Constable Cnapsgbu, of Amuibo, deposed that from »? report ma«Je by prosecutor ' on 174b. August he went to jdefendact's camj- at Casey's parJdocfc, wher» hfesaw a bale (Of fo&yi wniott Lorsea had beea fed tfrom. . At Bredbo on IBtfc iatb. he saw' Bowennau and. questioned him, when he saict he was -tou lfitihl August along the. road uear Qie turn-off to the BrCd^o ivoftlflliyd, skiuning alieep, an-f added 'Xou

want to know about Jtot hay.' Witness wuct lie did ancf defendant said,, 'Well, I toot tliat, it was laying iu the anidJdle.of ibe ro.a-(, and several people nearly met with a serious iaooir Jeut.' their horses taking fright nt it. I iuteuded ito triag bji .Mr. Bush, and see if h« would let us have it instead iof p^jrraont for skiuning the sheep. If it will do I will take it back uu to the road1 and pay for iwhjat I have used.' Defendant feaid

no was prepared to oome (or|t to the camp an-( brt'ug it in (to Bredbo. that he had rung Bgsh: iip that (Jay fcul the latter was out at Slajpup. Defontfent said he was iu Bredbo lou 17th August and was going to sec ATf. Bowennan and get him to see Mr. Bush, but he linxf gone out when he (defendant) came an. Witness saw the other defendant, Huggett, ou 19th August, who in reply to questions oaid he was along the Jeraiigle a-oad near the turn-off to the Bredbo woolshed on 15th August and saw the bale of hay, which they took to their camp, pad wens going to see if Jlr. Bust would, let Hi™ liave it insteao! of paymont for skiuning the aheep. By Mr. Mitchell: When iwit^ ness saw the hay It 'was about I 3D y.irtfe rroni lie cauiivulstae

o neltiug fence, whicli separated it from whatever stock feelungcd to the defendaptf. He believed they had ouo . horse. The hay was lost toy tbt1 owner oa MIL August; would |Swy about Jowt. vrux gone; ihc trjiss was u fttuvsized one, aoout JOOlbs. oriKinally. About a quarter pt it was goue. Tiic marks , of feuding were Ou the other fiide of tlie fenoe fitoni tlie haj-, and i-- appcarca tiat the ihhy Jad boon taieu out. as thoro' were marks of tlio li.-iv ilnm-.nivl ft-n,.,

UiuVkUl- to tbe place where Ihev werr fed. Stock could get to Uio hay witlimut it jbcing fcd1 to thoui. It waii possible that the stock «o\ild have got to .llic hay from inside the paddock. .It was fus opinion that (the ftaffl was fud to the (blorse, jas there wore traces of hay |ft*-m tiic tale tu the place whew it was fed, uokJ that .place was feoMc a&-tancu froui the hay. If the iky

»c' lying outsioe tne nietting for a lime wMe thtose Imarlcs would not be consistent with a deliberate feeding. When hay was ifed in the jopeu it got heattored' about; but tJie scattering be saw was ca.unet[ Iby a deliberate feeding. Did not notice uay. aft** feed about; (believed tliere wna1 a bag. of BolBBthine brought took along witt tji? hay, it was chaff, he fljclieveft by, the defendants.

To. the Police: The horse waa fed! about 35 yards |&oni tbe bale; could gee traces pf hay dropped aloug for t&'at jdisfance* By, Mr. Mitchell: If the bale had not been' torpken &urj jhad] :beeu rolled' over giat 36 jAixft, Oie*e -would not'be hay dropped along the way it was 'rolled1, if the liay had1 one ,w3re cut anfl bad been partly fed -and (then railed over 35 raids to the fence there' wouitf be 'hey /scattcrerf about to a uarUiu (extent, but not to the extent that w*s tfaswi By Hie Polic-' : There were two or three places about - there vheife the hwrse* haH Sea. There was 'hay soattesetf about tiiere and 'from there to the bale. ?'

vuAu^n ^u»ji, ajv^^'i id cnarce t?f sheep at Jerangje, Reposed that ou 13lh August he tmckea TO'm'ii sheep at Brodbo ,-uid ,lofjb thi'ru on 11th August, (iud rppe, cut. An employee, J&ieefcertelB-Iwato, was drt'rinp; the carton which wa^ a kilc ui-«uceriie, He was goi'u^ to .fen'rf sh'^op^a it. AVitness saw the linyon-fiiB cart nbout two unit'* fr'ohi Urcdbo towards Jtraufrlc; ? v. 5t was uot( Jeln-ored to {£&' : ph Jerauplr. Uoatc told hSrnxbm^ thiiur whon ho jirrit-otf «tJ0&-. angle, he did not Imvo *!re=lia^ ou rtriivjil. Wltuess saw jjjfcf pohoe; from somcUiiiw he ';ti» told1 on 17th August. , He Jwj woigheH similar bales arid itSei went about' 4001bs ; $Bd juXStwM the ^?aluc, hut ftibvajBH-'ff^m fes ?.Jwr IOOlfes. T Um^mi of th- (WenHiiit*; lie '.«Sr/lM

?' Bf?W. Retell-: BoaW-JBt-' tiivedi at Jetungle or J4tfi Augy. iirt; they, tea dinner about -two miles jjioBi Bredbo, his Ii'orse Bnd witness' were; feeding et the lucerne -there. He -? hoara ufterwailds IJiat 4 wire jv^as out; UDOfcher/'tnan said toe ,haa out Jt. RnHi 'hnrses trfirc feodinff from

the tbalc pf hay ; lie supposed av-wire was cut tlion.' , Knew the mailman Kyan, .and did not remember having' a , coaversation with him about the hay,. Wit; uess saM 'Tuene is «i bale of. luoeme dropped off tbe , cart, don't let it lighten ffpvx Jborse,'; Did not make an arrangement with him to get 4t off the jroao^, or to arrange to ^et that done. The mailman came (towards

llredbo on the Sunday. Frederick Boole deposed that on 14th August he -rbS working far Bush; driving the cart When leaving Bredbo witness was taking the bale of lacecne to Jerangle; he did not (deliver; tfJie bale there, it feU /off .the out near Connelly's Gap and he could not get it on again, and went on witfiout it. He sa\-t the defendants there ; they, had

inner with -them. The tele fall off after dknnej ; he did not feie Ktofendaots after dinner. ' Some |bf tbe hlaj}' wras uoed.beSire it. fell off Mts cait. The boras* were eating at it .wfcilst .they, wene at dumtir. He saw (the hay, outside the GoMt Jhat; day, efidl did not tfciqk |Hje horsei. a« all that had gone f-t the bale. Bv .Mr. JlSch«ll: They .?were oanq-ea to cUanex between *J and one hour. Jack Bond, who was working for Butt),. but one wire; he want on ah*ead: /witb two (other men and did not come on th« oait with witnew. He knew the road pretty well; he lived out then. He thoueUt

there waa stock al»ut (the road1; there waa a man airing along the road' not fax from wher* it FeU off. William Bowerman, labourer, of Bredbo, deposed that about 13th or 14th August, |h,« ?was employed' by Mr. Bush skinning sheep. Huggett was working with him and they, were camped about five miles from jBredboat Casey'* Flat. They had one horse, which they were feeding on chaff purchased from1 Mr. Brodie, storekeeper at Bredbo. On Hth August they were with Bush and hu men, and he saw a bale of hay. pn the cart. Animals were feeding from jt. In his opinion they were oampea there between one antf $wo bjouru He saw the bale pf toy cut; two horses were feeding from it. After Boate had left . he (defendant) saw the bale on the following day (Sunday) at about 3 p.m.; it was ifytng on the main road. There was pot quite as touch gone out of ,the bale as there was at present. Hugget was with him'. As they came to, the Uay Kyan catae along and said; ''I am' oo take this hay &n for Mi. Bush, but f. can't get it. on th« sjilky. Mir. Bush would: not bare ps tong fis j(t iwos Shifted off tiiv road, because he was afraid of horses bcine Xrit/htsned

at it.' As Kyan could not take it, ho (defendant) put it on the oart and toot it (to the camp. They arrived at 4.30 and . he rolled it off the .cart aud covered it np with the |tent. Xest mommg he found thpl (stock hbd been .eating at it. There were, oattlo at tho cainp autfhje hfadte. He then put it over, the netting fence where the stock could* uot ! get at it. They, polled, it to the fenoc and over it (on two sticks. He Old not. whilst St .-was over tic fence, or oefiore, null out the uay. and feed ft to tie torse. His horse wan eating at the hay, next morning when he trot /up;

that was what he Meant .when he said1 he would (pay for What he .used. He rang wp Jar. Bush on jhe Tiairs-fejy, but die waa at Slapttp, for the purpose pi -cony-trrtmioating witi him about the iay. That' was before foe jhad seen Constable Chapman. On Hie Tuesdla(y, he was. la JSredbo, h« went 'to sea the laioT who (was running a van to. Jerattgie, ,bnt he haeieft. The Ihorse he had

belonged to his brother, jt .was Jm ids charge. When jhe Trent bade he toofc » tratt of chaff wiarfedia. On the 0ay he took the. hayt. from1 tbe: toad there were sheep at it. , He took the hay inteadSa^ to Aturn lit to Mr. Bosh, at pay. him for Jtj or to aooept it in payment '-flar -work 6*one; whiqhever he liked. The ttbtaaoe from where he (lumped the tele off the part '.to where ?ft |mt ;it- bvex itbje jfenoe was about 80 van&. ' ,

To Inspector Willis: He hacl to, gait the sbuff jabout 1^ miles from the roa3 to .the camp; he dtet not lefive jt Jh the other paJrMocks as theife was stoct there. Did not remove jit while Eyaa was there and! didiiot ask ?hlm: to tell BtuU, $A he hod not, 'then removed it. When Bj-an spoke to h&n be. did not intenS-to romoye it, as ie did not' think it would go on the oart he had. Went to Bredbo on the second oooacion Ion,l9th

August ; Jieanf that Constable Chapman had been an 'Bredbo after' he had rung- nip - Bush/. Jfyjui.went 'to Jerong-le pniMondai:f,; Wpdncedays, And Fridays; cbd no,t see him -jnrhbb lie was in tofrii un Tuosdjy; was -going, to isnj; u» o'ii ?ThurBtfcjy. when he Cdflfendftift) wfls m witfi irafibibr. --^5I)p. the .Bench : Did iiot-jnjiire am^offoit to.so« flyah; uitend!6d t».«ng. Basil up. v As Ryan told

wwmmmmm ay, ? wBiiaf.lj(*g«. tWW.iwhy f», ojd npt^'Jij^Sijiar JEyan. ? ., Was working1 two 6%e fcr. ajaflh. At ffie .tfineiftheyPtopk the , toyi Bush' owed; ;«»gm I?s oabh.iHe ttoughl Bush' JWfilit let them *6efc therhayHasteao: of pajvig

-To; Mr. MitcheU: They *ere [laid after 'the police had -seea them;' end also after they, jbjad got the summons. , To the Bench: Unggett icasue wjtji -him- on the Tuesd&ji ?_ to Bredbo; did not think he #aw Byaa: Did ,not ring up Bush as he intended to send word out by the -first man he aaw. Did not think there .was iany, neccssIty.ftobe^nah.uri-y. Could W«s rung up Bush ou the ffuesda, Wt did not think there was toy, need for hurry. , To Mr. MitcheU: It waa about i p.m. that he ileft : Bredbo; Vlym had: not then onived p,t Bredbo,hegottoaf*oiit6o'ol|0|ot usually.

Cecil Huggett, labourer, or Bredbo, deposed Ihat he . land Bowertnan had dinner with Bush; and his men ion 11th .August He was waiting for Bush sirmnmg sheep. Th«rf was a carf hone «nd aiiother'cf (Mr. Bush's feedtng at the bale. Thejm (defendants') was also feeding at it; the wire !was put; th» hones were feeding -when they arrived and between one and. twoluKiH after that. .Next

ia,w the h*y on the other sicte -f the Gap on Bundby evening n the middle of the mad; cheep were there feeding from ft. flyan same afong and safl that'. Mr. Bush, told him to smr.it on the sulky, but he .could not, as it iras too heavy. 'They went down and', carted it to their camre thought there waa stock in the paddocks on either- aide of the road; Defendant here corroborated the previous witness e* to putting the bale over the netted fejee. He did not .feed it to his horse, and did not: ece Bowerman Go so. They *ed the horse on chaff and had a tutt of it when the jpolioe called at the camp. Was not present when any telephoning took place; was at home in Bredbo.

Intended to keep the dole *-t the camp until the herder $aw Mr. Bush, and tojreturn ft or pay, him for it, or ,see ir (hie would. give it in myiment -pt what he owed them. To the Police : Jlet Kyan about 100 yards on this (side of the hay; 'did. not think (they .would be able to take a't, -so did loot tell Ryan they were going Lto do so. They were caimped .v a mile oft the roaidi pnd were too busy to go and gee Ryan, as Ihe went to ^erangle next dky. He

thought AIL BowerMan went ito Jeranple the day after they, shifted the hoy : did jnot see him' before he went out. . When i. he went to Bredbo ou tbln .Thursday, he heartf that Constable Chapman bad been there, but did not hear what he was jthere for. This concluded the evidence, aud the Bench dismissed fthe information.