RESIDENT MAGISTRATE'S COURT

Nelson Evening Mail, Volume XV, Issue 218, 14 September 1880, Page 2

RESIDENT MAGISTRATE'S COURT

[Before L. BKOAD,'Esq., R.M.] Thomas Mackay v. W. Harvey.— This was an action to recover the Bum of £25 for damages doneto plaintiff's sheap' by a dog belonging to the defendant. -Mr Fell appeared for the plaintiff, and Mr Bunny for the defendant. Mr Fell, in opening tfie case, called Tl o nas Mackay, who on 01th stated : I sm the owner of Drumduan, and Mr J. Mackay is my manager. T have some very valuable sheep, and was informed that thirteen were killed/ I value them, at £25, made up as

All the ewes, wore in lamb to a valuable ram which I value at £20. The dams of .those killed cost me £5 iv Wellington. ,. By Mr Bunny : That list is the true value of the sheep. The majority 'of my sheep are equal to those charged at the rate of 30d I did not see the sheep that were killed, I only heard about them. The boundary between my property and that; of Harvey's is partly fenced. By the Bench : I put a higher^ -value on the'sHedp^liecause they wpr.e in latn.b; ." - JamißE i' Tertins Mackay sworn': I nm manager of-' Driimduan for Mr T. r Mackay, and am well acquainted with 'the property and flock. On the 17th June last -I noticed the sheep were .much disturbed upon the Goat Hill, a? portion of 1 the run at lj the back of MrW. Wastney's. I saw them running as if chased by a Spg.nr I sent WaUhßy]T.Ttiy man, atfd my son George to see what was the.> matter, and I myself went roynd,,' the,- Glen hillsf-wliicb/are nearerto the north than- the Goat Hill. I saw two Romney stud ewes lying 433 d. They bad be # en recently, killed*— within a 5 few hours I phould think, '^here"

was 4 also one lying from a severe bite an^tie thro&j;. I, saw . no^tnore Bheep jqere then. Thirteen : were lulled in all. ■ rbave seen the lvalue in Mr, T; Mackay 'silist, and I cbriside/it a fairone; On the 18th instant I Went with Wastney to Harvey's place to find if the dog had returned. Wastney Bhot at tlie dog and wounded it on the 17Jth. • I met Harvey and said I have come to see if your dog which has been worrying my sheep has returned. Harvey said he had returned, but was not wounded. I asked Jiim to call the dog, which he did. Mr Harvey was working '/in a field at the time, and the dog was some 'distance from him. The dog came" and. we all examined him, and found that he was freshly wounded with small shot. Nothing was then said as to who was the owner of the dog. I told Harvey the number of the sheep killed, and cautioned him to look after his dog. He promised to dd so. I told him his dog had worried the sheep; he, made no reply. By Mr Bunny i The conversation was not. in the presence of Turner. No one was pre-; sent but Harvey, Wastney, and n^'self, and; Harvey did not tell me he had been out thej previous day. I Cailnot say if he said thedog returned before him. He did not ask toj see the sheep killed. Six weeks after W.\ Turner, R. Turner, and Harvey came andj wished to see the sheep. I said I could only* show them one sheep out of the five on the; Goat Hill which bad been worried. They: had all been hauled away and thrown into the sea. The Glen Hill is bordered by the sea, and is from a mile and a half to two miles from Harvey's. There are not a number of brindled dogs about the district, t have seen none other than Harvey's. My doga are generally tied up, except when let hose for exercise and work. The place where the sheep were killed is only a few minutes svalk from where my dogs ate kept. I have not seen Harvey's dog at Drumduan. The wound on the dog was covered with small shot and was between the shoulders and all the top of the tair was marked with fresh b'cod. Harvey eaid you might have killed him. - Re-examined by Mr Fell : Harvey did not deny that the dog was his. I remember tlhe 28th July, six weeks after, when Harvey came to see the sheep his dog had killed. Alfred Wastney, sworn : I am working for Mr James Mackay, at Drumduan. I remember the 17th Juue last. I went to see what was the matter with the sheep, and I took my gun with me ; George Mackay also came. I saw a bull or pig dog chasing the sheep, and I found one Bheep with its throat cut open by the dog. I followed the dog till I lost sight of Men. I heard him several times. About half-an-hour after, I saw him chasing some sheep, and shortly after I fired at him at a distance of about twenty yards, whilst he wa3 worrying a sheep. I hit him, and be yelped and made off. I looked for him for some time, and then came home. I afterwards searched for the sheep, and found 5 dead and three on the other side of the run. I have not heard of any more being fouud., They were Borne of the Romney flock, one being a stud ewe. The ; next day we went to Harvey's to Bee if the dog had returned. It was Harvey's dog. ; I know it. I recognised it when we 'got 5 there. Mr Mackay said we have come to see if the dog has returned!. Wastney shot him. Harvey said he has returned, but he is not wounded, and he called the dog to him. There was a wound on the ear, caused, as Harvey said, by a cat, and another by a pig ; but I found a fresh wound upon his back. Harvey made no attempt to disown the dog.* I told him he had been worrying the sheep. I have seen the defendant since. He came with the Turners to see Mr Mackay about six weeks after. He said he wanted to see the sheep. I said he should have come sooner, it was impossible to see them now. By Mr Bunny : Mr Mackay is in the habit of selling sheep at different prices ; at lbs to 12s for killing. I did touch the dog to examine him, and he flew at me. I touched him tbiee times. J. Mackay, re-examined by Mr Fell: The 8 sheep of which Wastney has spoken are part of the 13. I found the other 5,. This closed the case for the prosecution. For the defence Mr Bunny called William Harvey, who said: I was out on the 17th June on my property about a mile from the boundary. I was some distance from Goat Hill, and about two miles from Glen Hill. I had my dog with me. I was out from about 11 o'clock till 3. The dog left and reached home before me. He could not have been away for more than a quarter of an hour. He went in a different way. to Drumduau, and is not in the habit of staying away. Next day Mackay and Wastney came and, said they wanted to know if the dog was at home, as he had been worrying the sheep. I said he was not in the habit of doing that. Wastney said he shot him. He made only one attempt to feel the dog, as it flew at him. There is no shot,in the dog. I asked them if there were any sheep worried on the hill, and they said No.' Wastney said he saw one bitten, but it ran away, and that is all I heard. I said nothing about it uutil I had the summons, and then I went and asked to see the sheep, but was told I could not see them. By Mr Fell: Wastney did put his hand upon the dog, but he. did not feel him. I swear there were no shpt under his skin. I did not examine him myself afterwards. There was no blood oh the dog. This closed the case for the defence, and Mr Bunny having addressed the Court, hi 9 Worship gave judgment for the plaintiff for the amount claimed, and costs £G 6s.

follows : — . - , £ B. d. 1 pure bred Romney (stud) ewe in lamb ... ... ... 6 0 0 2 pure bred Boniney (stud) -ewe lambs. ... ••• S 8 0. 0 9 Romney crossbred 4-tboth ewes in lamb ... ...9 0 0 3 ditto wetber lambs ... ... 1 10 0 1 ditto ewe lambs ... ... 010 0 "7s" 25 0 0