MAGISTERIAL.

Ashburton Guardian, Volume XIV, Issue 2889, 3 February 1893, Page 2

MAGISTERIAL.

ASUBURTO2S— THURSDAY.

(Before Mr C. A. Wray, R.M.) Shkep Worrying Case. — Matthew SptntO'' sued R Minnis and M. O'Loghlen for £42 lbs, damages alleged to have been sustained by the worrying of sheep, hie , property, by defendants' dogs. Mr Wilding' appeared far plaintiff, and Mr Purnellfor defendants. M. Spencer said he owned land on the riverbed, and had over a thousand lambs and ewes on it The sheep were merino. <On December 29 there were a greyhound and a cattle dog on the land among the sheep, worrying them. The greyhound had a short chain attached, and witness caught the dog and took him home. Made inqniries about his ownership, but failing to find an owner shot the dog. On mustering found that a good few sheep had been killed. A son of O'Lo?hlen on being asked if he knew the dog chain said both it and the bit of rope with it were the property of his father. On January 6, a spaniel and * retriever were worrying his sheep. Did not find out whose the retriever was, but the spaniel fie knew about. He shot the spaniel. Asked Mr Minnis to come up and Bee the dead dog, and he came^ two or three days after and identified it as his, The spaniel had been seen by witness in the aot of worrying the sheep. Sent lawyer's letters to both defendants claiming damages, and inviting them to come and look into the matter, but they had not come, Ihe paddock < was three miles long, and the sheep in it had »een scattered all over the country. It took a fortnight to get them mustered. There were twenty ewes found dead, and two were so badly bitten that they had to be killed. Twelve lambs were found dead or dying, and one ram—dead—all badly bitten. About thirty were missing. Valued the ewes at 7s 63 ; the lambs at 10s, and the ram at four guineas. Estimated the general damage to the flock at £25. By Mr Purneil—Minnis' spaniel was shot at six in the mornhig of January 6. Did not say in Zander's shep that the do? was shot on the sth, but on the. 6th, and did not say the dog had been 'poisoned, but shot. Did say he had laid poison for dogs. The sheep were from the hills and had strayed at times. Had seen Sam. Elliott's dog once on the island, and some months ago Price's dogs. H ever followed a dog from the island to Campbell's boarding house. Saw Minnie' dog attack two sheep. The dog had a " middling ehoit tail." Re-examined—Had seen the greyhound with Mr O'Loghlen, but did not know O'Loghlen at the time. Told h:m then to keep the dog away, and he said the dog had broken loose. Had offered Elliott a pup if he would get rid of the dog he had.—\ little boy, son of Mr O'Loghlen, who was too young to bt sworn, gave evidence as to the likeness of th<3 dead greyhound to his father's dog.—Mark Harm, a boy in Spencer's employ, gave corrobotativa evidente. —James McConochie, sheep drover, mustered the &heep to see what damage had been done. Found dead four sheep, picked out four that must be killed, and were killed afterwards, and himself killed four. A number of sheep were bitten that were left in the mob in the hope tha^. they would recover. A good many in the flojk were the worse for the worrying. Shearing was finished on December 15, but the stragglers were only finished on January 6. There' were 591 sheep shorn, and 433 lambs cut and tailed, but at the muster there were only 990 sheep aliva. Attributed the shortage to the deaths and ecat tering caused by the worrying. Corroborated Spenoer's evidence as t) values. Ho mustered twice— once on January 6, and a^ain on January 19 and 20. On the latter .occasion four sheep were found badly bitten, apparently vaiy recently — more recently than January 6,—Hay Smith, dealer, bought the lambs from Spencer at; 10a each, but they would have been worth another shilling if they had not been knocked about by worrying. Thirteen were re-jt:cte-.l because of having been bitten.— Thos. Balance also gave evidence. For the defence, R, Minnis said his liver and white spaniel was of a common coli r. It was a quiet dog, kept as a watch dog and tied up at night. During the day it followed him to the shop, and occasionally he took it out with him with the gun. Oa January 5— Thursday morning—the dog was on trie chain when witness got up, and was let loose and taken down town by witness. He wa» tied«up the same evening at six o'clock. On Friday January 6, the dog was as usual on the chain in the morning, and went to business with witness. When he came home he was not tied up at once, and he disappeared. On Sunday John Corbitt told him a dog like his was poisoned near the Old Men's Home. Spencer told witness son>e days atter thai the dog had be«n poisoned. Went up and saw the carcase, which *wfcs swollen to twice its size. Spencer afterwards said he shot the dog, but witness could find no wound in him, nor feel any shot. Told Spencer in the shop that the dog had not been shot but poisoned. Spencer said the worrying had taken place on the sth. Missed the dog on Friday evening about half-past six, after he had been with witness all day—Mary Stigley, in Mr Minnis's employ, remembered January 6, which was Mr Minnis's birthday. Rose about six o'clock. The dog was on the chiin then. Ie was taken to business at eight o'clock by Mr Minnis as usual. Missed it in the evening.—John Corbitt, farmer, adjoined Spencer in the Forks, v On January 4, Spencer came to' witness's father's woolsfaed and said there had Heen dogs among his cheep—one ef them a greyhpund, which he had followed home to, Elliot's. He said he did net recognise the dog till it got home, and was surprised that he did not do so, as he had had conversation with Elliot on the subject of the dog, Spencer said he did not see well at ft distance, and his gun was not much good Spencer had said to him that his sheep had strayed on one occasion as far as Westerfield. Knew Minnis' dog well. John Butler, shopman, had a conversation with Spencer, who said Minnis's dog had been poisoned. — Thomas Fox, master of the Old Men's Home, had never seen Minnis's dog on the island near the Home, but had often seen greyhounds. Spencer said he had j seen Elliot's dog.among the sheep, and | he came to him a fortnight or throe weeks ago to borrow a gun to shoot greyhounds that had got among his sheep. Saw two greyhounds on the island then. Understood Spencer then to say he had' lost seven sheep. When the river was dry the sheep had strayed on the 1 public road. Lent Spencer his gun, and had heard him shooting. —William Byrnes, a shopman, was present when Spencer came into the shop and said to Minnis that he had caught his spaniel dog on the Thursday. • Minnis said that could not be as the dog was with himself. He also said there a black retriever. It was the usual i custom ior the bpaniel to come to the shop with Minnis. —tjenry Zander, mer T chant, wjjs in his shop when Spencer said to Minnis that thg blacjc retriever had done the damage to the sheep. This **) all of the conversation he heard.—A son of Mr Minnis, twelve years old, was with his father when he went to see the dead dog with fepencer. The latter said the dog had been shot. Mr Wilding re-called Spencer who had since been to the carcase of the dog, and brought into Court its skull and skin, which showed shot marks. — William Ballance, who hadgono with Spenoer, corroborated his evidence.—MartinOJLoghlen, livingat Allen ton, said the greyhound spoken of by Spenoer 1 wa,^ noting only ohe in fche ; district in^ked in UiflMtrte \ray. SpWer ipbkq t« witgwif uti <m*! Qcctwjoa iv the

riverbed, and that was the only time Spencer saw witness's dog. The only notice he had had of the dog doing dimage -.' was a lawyer's letter. His son had seen the dog but seldom, as it had «l«ays been with witness at the working camp, sixteen ", miles awuy, from which witness came home once a week. Spencer had had opportunities between Ibe death of the dog, and the sending of the note to speak to him about the matter, but had passed on, simply nodding lo witness. . Missed the dog on December 28.—Eliza O'Loghlen, wife of the previous witness, said Bpencer came to her house on January 19, with a note. He said he had shot her husband's dog, and when shfe mentioned tbat it was a long time since their dog ha 11> <• ■ missed, he replied that it waa bettei ou for her, as he had' found other degs from town involved in the damage, which would therefore make the cost lighter for her. Her little boy had gone ; over with other boys to Spencer's, and when he came back he wid the dog he had seen was rotten and maggotty. He brought nothing with him that she had seen. Counsel having addressed the Court, his Worship reserved his decision, as a legal point had been raised by Mr Pumell in regard to the plaintiffs being sued conjointly.