DOGS DESTROY SHEEP

Bay of Plenty Beacon, Volume 1, Issue 2, 24 April 1939, Page 5

DOGS DESTROY SHEEP

o FARMER'S CLAIM DAMAGES SOUGHT AGAINST WHAKATANE MEN LONG CIVIL CASE About four hours of the Whakatantr Magistrate's Court sitting on Wednesday was taken up by a civil claim in which George Melville, sheepfarmer, Whakatane, proceeded against Joseph Plamus, tobacconist, ami Louis carrier, both of Whakatane, for the sum of £179 15s, the value of sheep and lambs killed by defendants* dogs on three separate occasions at the end of December 1938 and in the early part of January 1939. Melville's statement of claim was for £93 in respect of 93 sheep and lambs killed, £6 15a in respect of nine~sJreep worried but stfjl living, and the sum of £80 to cover general depredation of plaintiff's flock. The case was adjourned until the next sitting after plaintiff's witnesses had Keen lie arcl. The case involved a good deal of repetition of evidence, but the proceedings were enlivened on one occasion when the Magistrate % Mr E. L. Walton, S. had occasion to reprimand the plaintiff for the tone of his replies under cross-examination by Mr B.S. Barry who appeared for th* defendants. PLAINTIFF'S CASE. Plaintiff's case was conducted by Mr G. Otley who,, when outlining the case, said that plaintiff had a property on the hills behind Whakatans on the Oh one Road. Much of the rune wps covered with manuka, and thick fern. The first worrying took placc on December 27 when following attacks on sheep on the-native schemer lands at least 40 sheep were killed on plaintiff's land. A number were worried and subsequently died. Two dogs were serm by the plaintiff, by Mr Swaney. manager of the. Maori 'chcm".. and by Melville's grandson. One of the dogs was a black and tan_ belonging to defendant Hunter.—The dogs were acting in concert. Plaintiff had taken a shearing tally prior to the worrying, and msde an. other after the incidents and based lis claim on these! On December 27 the plaintiff was coming back for lunch when he heard the noise of dogs among sheep. Hp sent hi s son-in-law for a rifle and: while his son-in.law was absent plain tiff saw two dogs, cne a colMe croi* and the ether a liver and white setter, worrying the sheep. He could 1 not at first fire at the dogs becauseof traffic behind them on th • Ohope road, but eventually he got a shot at the setter. There was further worrying on January 3 and on January 7 he received i telephone call at 6 a., m. from M»* Gordon Kent to the efTect that dogs were at the sheep aga'n. He and M«* Swaney and his grandson saw the two dogs worrying the sheepbut the dogs escaped. The grandson had .303 rifle but several cart rid mis misfired. WOUNDED DOG. They spc t most of the afternoon trying to locate the dogs and Mr Penny took them to Ph.mus' house. Plaintiiff recognised one of the dogs. It was the setter. Plamus said it had been 'iod un all day but it showed •inmistakeable evidence of having" heen out. It was covered with b'ddvhid„ swamp stained and blood stain. *d and had a bullet wound through ts neck. Plaintiff told Plamus that he hatl ! >etter come up and see the result of the worrving. Later they saw HuntHe said he did not know where his do<2 was and had not seen him alt lav. When Plamus and Hunter caoie- • his plane he told them he was pre.»ared to settle for £50. His flock had ' •tot been mustered, and he thought l "ie would lie a loser at that figure,uit he did not want court' proceedings. However the offer was not accept--d and although he showed a friend. v spirit plaintiff claimed tha.t Plains became abusive and ?t; ted that /as trying to make him piy for all he sheep which had been lost over a "ong period.- He offered to pay £J8 : ~>r 2fi sheepskins which, had been ken off the worried sheep, and hat was the end of it. Afte>- th;- Innclieon adj •irn.ment felville gave evidence on the lirn-s----f his counsel's resume of the case. >n of the first attack. e found -10 dead sheep in the padlock. Later on more counted, "hey skinned about J&O sheep on th© irst day but more than that.'-.Wer«r. % lied. Bccause -of, the hot he carcases decayed oniaiulpP^gßjJ