The Whitehaven News September 7, 1905 Alleged Sheep Stealing

Alleged Sheep Stealing

The Whitehaven News - September 7, 1905

ALLEGED SHEEP STEALING                 ______ A LOWICK FARMER CHARGED                 ______    A QUESTION OF IDENTITY.        On Thursday at the Ulverston Magistrates' Court, before Mr. A. P. BRYDSON (in the chair) and other justices, the Bench was occupied for a considerable time in investigating a case in which James CHARNLEY, farmer of Coal Yeat Farm, Lowick, and formerly of Parker Moor Farm was charged, on remand, with stealing one Herdwick Sheep, the property of Mr. James COWARD, of Cart Horse Farm, Kirky-in-Furness, some time between April and August 10th this year.        Mr. B. B. JACKSON appeared for the prosecution, and Mr. John POOLE for the defense. The proceedings created mush interest among the agricultural community, the court being well filled with local farmers.        Complainant stated that he had tenanted Cart House farm for eight years and had 22 years experience in sheep breeding. On Thursday the 10th August, he visited the Ulverston Auction Mart, where he claimed one of the two ewes entered by accused in his own name. Altogether apart from the marks, he identified the sheep by it's general appearance. It was one of two ewes he missed from his farm on the 3rd April last.        On being apprehended accused said "It's a sheep I bought from Parker Moor in April last." Questioned as to the identity of the animal in question, prosecutor said he recognised it by it's upstanding and "good look-out"; also by it's dark face and fleece. On the same day, he accompanied Sergeant TYNDALL to Coal Yeat  Farm where he saw certain sheep with the same ear mark as his, but they were not his sheep. On Tuesday, the 15th, he also visited the Parker Moor Farm along with the sergeant, where he saw three sheep bearing the same ear mark as his. Neither at Coal Yeat nor Parker Moor did he see any sheep like his. They were the same breed of Herdwicks, but not quite the same strain, in his opinion.        In cross-examination, witness denied that he gave information to the police in the first instance. He did not give CHARNLEY into custody, but he knew he had been apprehended by Sergeant TYNDALL.        "You never authorised the sergeant to take him into custody?"        "No, I did not."        "Did you apply to the justices for a warrant to see the clerk to the justices?"        "No."        Evidence of identification was also given by Phillip Barrow HUNTER, of Guards Farm, Kirkby; Jno. H. HUNTER, of Hallsteads Farm, Kirkby; Wm. COWARD, Beckside, Kirkby: and William SMITH, Gawthwaite; and the witness, COWARD caused much amusement by positively assuring the Bench that he could pick out individual sheep in the same day as he could pick out individual men.        Dr. CHALLINOR: You mean you can pick out a sheep as a type of certain class?"        Yes, any sheep man can."        Sergeant TYNELL, in his evidence, stated that at the Auction Mart, in accused presence, he asked COWARD if he were absolutely sure the sheep he claimed was his sheep. He replied "Yes." Witness then turned to CHARNLEY and said, "Under these circumstances I charge you on suspicion with stealing the sheep. You had better come down along with me to the station." COWARD and CHARNLEY then began to have some argument about the marks, and the latter said, "It is a sheep I bought from the Parker Moor Farm."        At this stage the court was adjourned for luncheon.        Mr. POOLE, for the defence, argued that the action of the police under the circumstances, was perfectly unjustifiable.        After hearing further evidence, the Bench dismissed the case. The decision was received with applause, which was at once suppressed. ******

 

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