MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1646, 26 August 1887, Page 2

MAGISTERIAL.

ASHBURTON-THURSDiLY.

(Before Mr John Ollivier, R.M ) CIVIL CIBBB, Aehburt m Borough Cuunoil vC T. Money, claim 6s for rates— judgment for amount and costs. J. C. Duncjn, vM. Sealey, claim £2 6i 101 — judgment for amount and eras. Andrews, v t» ouU, clam £7 19a— Mr Cuthbertson for plaintiff, Mr Caygill for defendant, who objected to the partiou lars of the claim. Mr Cuthbertson applied to have £1 added to the claim.— J. T. Andrews the plaintiff deponed to the partiou lam cf hia claim. — The claimant underwent a very searching examination by Mr Oaygill on various items m the [ claim. — T. Hoult deposed that he agreed with Andrews at 20s per week and fouud, with right to take home meat from the shop for his family. — Judgment for the defendant, with costs.

John Lamble v D. Buckley £34 15 j — Messrs Crisp and Parnell for plaintiff, Mr Oorr and Mr Oathbertaon for defendant. Jobn Lambie deposed that he had 1170 aheep In Mi paddocka which were well fenced, Buckley's sheep dog was a peculiar colored d( g with a foxey head, he did not know of any ring like that one. On Monday, May 30 h he found two dogs m his paddock rounding op the sheep and worrying them. One dog was a greyhound, the other was Bnokley's sheep dog. The paddock ia 200 aorei In area He ran after the dogs and cheep with his gun a long way, trying to get op to them, he at last got abont 100 yards from the dogs and fired. The dogs ran away towards Wai son's, past Johnston who was catting ta&aucks for witness The aheap were very much knocked about. They were worth 7s or 8a per head, and wore In good condition, some of them were fit for freezing. After the worrying, several sheep died, and about 13 were lorn and wounded. The dogs came back a second time. The sheep have loiat condition ■Ince the worrying and were not so good now as they were before the dogs carao. On the sco.nd occasion he found 4 dead sheep and about 20 wounded ones, and 1 sheep that bad been partly eaten by dogs; He went next m:rnlng to Buokley'a and aald his dogs had been at the sheep, Buckley showed him a sheep dog and a greyhound like thoie that were shot at. The sheep dog was chained up, and was wet and dirty, the greyhouni wae loose, Hard wick was with him and asked why Buckley did not keep his dogs tied up, Buckley said the sheep dog had been tied up for 2 days past Buckley avid if Gordon said his dogs had biien thero, hj would not be'ieve him and refused to kill his dogs — He could not say how many •heep had died fn all, as they wore still being found dead. Three hundred and fifty were sold last week at 10a, the pick of the 1100 flock; Sheep worrying dogs get very cunning and go miles away for the purpose of killing sheep, instead of killing those of their own farm. The agreement made with Mr Buckley was that he paid the oosts, killed the dog and that would settle the case, the dog to be killed within 3 days. Baokley offered to kill the dog. Last sale d*y we had a conversation re the dog, Bucklay aald he would back out of killing the dog, and that is why the case has been gone on with— Cross-examined by Mr Oorr, Mr Buckley was a very good neighbor ; there may possibly bave been sheep damaged by other dogs m my pad* dook, than on the cccasions referred to, he had never killed any of his own dogs for aheep worrying, He could not swear that Buckley's dogs killed any of hii sheep, that ware found dead after the dogs had been there.— Mary Lambie said she remembered on 30th May, seeing 2 dogs ohasing her father's theap 1 yellow greyhound 1 sheep dog of alaty blue color ; they chased the Bheep down the paddock through a feyca and kept catching one and throwing it down and worrying it The sheep dog was like Buckley'e, and the greyhound was exactly like one that goes past witness's place with Buckley's children. She had never seen any other dogs In the paddock. James Johnston, In employ of Mr Lamble, remembered hearing a gun fired about 9 a m. on 30th May, while he was outtlng tussccks. Ia about one minute two dogs passed him, one a greyhound, and one slaty blue sheep dog ; be had never seen another dog of the same color. The dogs went towards Mr Watson's farm, and passed him 100 yards away, he watched them go a long way. Watson's farm is about one mile away. He had seen the same dogs since at Mr Buckley's house, about two weeks after the 30 M»y. He knew Mr Lambie'a sheep well, they were m very good condition at the end of May ar ' about 1100 m number. Soon after thx time of the dogs being there, he saw several dead aheep and over a score wounded ; some badly torn, 13 have died of these. The aheep were very cuiet and fed well ; he never Baw any other dogs amongst the sheep. After | the 30th of May tfoe uheep^becime very reßtless and were easily alarmed, and lost condition rapidly. They changed this way since the dogs were there. j He had seen the sheep daily and knew them well. He had been about seren months with Mr Lambie. He knew it was the 30th May because Mr Martin left Mr Lamble's on that day. He had seen Mr Buckley's dogs twioe only, once when they passed him, and once wfren he saw i them at Backley's, He swore the shegp dog was the Bame one— he never saw any strange dogs but thege In Mr Lamble's paddook, except Mr Lambio's own dogs. The ease was adjourned till Thursday next.