SHEEP-WORRYING CASE

Otago Daily Times, Issue 24419, 3 October 1940, Page 11

SHEEP-WORRYING CASE

FARMERS AWARDED HEAVY DAMAGES LOSS OF 102 EWES (Special to Daily Times) WAIMATE, Oct. 2. A sequel to two instances of sheep worrying in the Waimate district was heard in the Magistrate’s Court before Mr H. Morgan, S.M., when Charles Olorenshaw and John Fitzsimmons, two neighbouring farmers at Arno, proceeded against Harry Melton, farmer of Uretane, claiming damages of £156 14s and £3l respectively for losses of sheep allegedly caused by Melton’s dogs. Mr G. R. Watters, appeared for both plaintiffs and Mr N. L. Knell for defendant. The hearing occupied over six hours. Olorenshaw gave evidence of finding injured sheep on the morning of July 9. One large mob had been driven into a gully and suffocated. Two dogs were then chasing sheep in the next paddock. The witness skinned 64 sheep and the death of others later brought the loss to 77. On a later occasion more worrying occurred when the two dogs were caught and identified as Melton’s. Subsequent deaths brought the losses to 83 ewes in lamb, and 28 ewes had slipped their Lambs as a result of the worrying. Melton admitted the ownership of the dogs, saying that he was willing to pay for the loss on the second occasion. but that the dogs were tied up on the first occasion. No worrying had occurred since the two dogs had been shot.

Fitzsimmons, whose farm adjoins Olorenshaw’s, gave evidence of finding 14 sheep dead in a water-hole on the morning of July 9. and five more died later.

Hugh McKenzie, a neighbour of Olorenshaw, gave evidence that he had inspected the damage done, and helped Olorenshaw to skin the ewes, which were all in lamb. Charles -Douglas Smith, aged 16, employed by Olorenshaw, gave evidence that he saw two dogs on July 17 rounding up sheep and caught them. Arthur Armstrong McKenzie, county ranger, said his registration book showed the two dogs shot corresponded with Melton’s. Melton said they were probably his dogs. Witness later heard Melton say to Olorenshaw that he would pay for any damage done on the second occasion. Sergeant D. B. Murray stated that Olorenshaw had telephoned him on July 9 stating that he saw twd dogs which had worried some of his sheep. Olorenshaw had again telephoned him on July 17. statins that he had seen the same two dogs. Corroborating the evidence of the previous witness, he stated that Melton had said the dogs had left on the previous Sunday chasing a rabbit and had not returned. The defendant. Harry Melton, said he first knew that his dogs were accused of worrying when he received a visit from Sergeant Murray and the county ranger. He had not at first admitted that the dogs were his. He had accompanied the ranger to Mr Olorenshaw’s property, where he recognised the dogs. He was given to understand that the dogs had been caught worrying and had been quite prepared to pav for the damage. Olorenshaw had then asked nim about the first lot. Witness had replied; “ Never in your life." adding. “ Charlie. I don’t like calling any man a liar but that is a deliberate lie.” Witness had told Olorenshaw that the dogs had been on the chain His place was four or five miles in a straight line and eight miles by road from Olorenshaw’s Witness admitted to Mr Watters that he had read on July 10 a newspaper report that sheep had been worried at Arno and he was therefore aware of the fact when Sergeant Murray and the ranger called on him During the time his dogs were missing he had made no effort to trace them. Mr Watters: Why are you positive that they were tied up on the nights of July 8 and 9?--Because thev were always tied up Annie Louisa Melton, wife ol the defendant, said her husband had owned four degs. and he had always tied them up The dogs had been tied up on July 8 and 9. In reply to Mr Watters, she admitted that she had let the dogs off the chain some time ago. Mr Watters: You assume they were tied up?—l never went out to see them. The magistrate: Why do you remember it more than anv other Monday night?—No answer Francis Stewart Murray, fafmex at Uretane said he visited Melton s about mice a week He obtained meat from Melton’s on the morning of July 9 His dog went for two dogs tied up nn the place They answered to the description of those subsequently shot The magistrate said there was no doubt that both the plaintiffs nad sheep worried. The evidence convinced him that Olorenshaw had seen the two dogs the first time and had identified them with the two later shot. The defendant’s evidence that his dogs were tied up on the first occasion had not been convincing Neither Melton nor Murray produced diaries to show they were correct that the dogs had been tied up on July 9 Melton had taken no step towards tracing the dogs which had then been missing for a week Both plaintiffs had made out strong cases against the defendant. The magistrate awarded damages of £137 6s to Olorenshaw and £27 5s to Fitzsimmons, allowing costs totalling £2O 14s lOd. In assessing the damages the magistrate deducted the value of the skins.