AN IMPOUNDING CASE.

Gisborne Times, Volume XXVI, Issue 2348, 14 November 1908, Page 6

AN IMPOUNDING CASE.

[To the Editor.]

Sir, —Refer ring to the impounding ■cases heard before Mr. Barton, S.M., last Friday, I would, in justice to myself, like to point out one or two things that are of general interest and perhaps 1 with your kind indulgence have the matter so ventilated that there will be some finality as to what is a^rQ|iso nub’.e rate to drive milking cows .along a public road. The recent decision would seem, on the evidence, to imply that 3 to miles inside an hour "(the time was not questioned by the other side) was considered loitering. Well, I am sure Mr. Barton did mot mean this; my own opinion land that of every dairyman .whose opinion I have asked is that two hours to cover this distance would be unite fast enough to rive cows in full milk. If cow s are to be driven along ut top. speed everyone must know that they ennnot be expected to-, give much milk. I am not finding any fault with Mr. Barton’s decision on the., evidence he had before him ; but I am no further forward! as to knowing whit are one’s right-g as to driving cattle to

.1 told my isolicitor that I would not iinind paying a little to have a dc- . vision on that point. If I do not water the cattle I will -be prosecuted fur cruelty to dumb animals (there is no fear of that contingency -arising)', and if I do drive tlie-m to water I am fined for not driving them along at a pace that would not disgrace a , farmer's gig horse. Of course the I ranger says I have a river frontage; j but ho made- a statement which lie should have known is not correct, as at the time _jof the alleged offence, October Ist, it was 'almost impossible lor a beast to get to water without getting bogged in the sill. I lost one valuable young cow, which had tried to get- a drink. As to erecting pumping apparatus or a windmill, 1 ought to be the best judge as to whether I can afford these, luxuries.

My reason lor writing this letter to you "is to contradict the- evidence of Mr. Alex. Parsons, where he swore that my cattle were on Bruce Road at 10 a.m. and were still there at 2 p.m. I. am prepared to prove that that- statement is incorrect, as on tint dale uv cattle had net Jeit •heum ti 1 at vr 12 o’clock, in fact till after tiie boy’s dinner time. I can prove at by live witnesses tint they could not possibly have been on Bruce Road at 10 a.m., and these witnesses do not include the boys who were driving the cattle. I am hereby sending you a cheque for £5; if Mr. Parsons will do the same you can hold the two cheques, pending a- decision by any gentleman nominated by yourself, who can hear each side’s evidence, and on that form his opinion as to whether lie (Air. Pars-ons) was speaking the truth. The side against which the decision goes to forfeit -liis £5, which shall be given as a donation- to the A. and P. Association, to bo awarded to the fastest walking cow, or some other more laudable class in, the dairy cattle- section. For preference I would -like Air.. Barton to decide, -if he would consent to act as judge.—l -am, cite., HUGH BINNIE. Ormond, Nov. 11.