THE BATTLE OF PIG-HUNTING CREEK.

South Canterbury Times, Issue 2185, 19 March 1880, Page 2

THE BATTLE OF PIG-HUNTING CREEK.

Pig-hunting Creek, a few miles from Timaru, was yesterday the scene of a most exciting, and —in some respects ludicrous combat. A battle in which some JO or 50 men were engaged, took place on the main road. The fight may be termed a pastoral combat, for {the bone of contention was a large mob of sheep, the belligerents being marshalled respectively under James McLcish and George Orr, whose names arc familiar in connection with a recent prosecution in the Police Court. The result of the affray was, that eleven of the men, including McLeish, appeared before his Worship the Mayor and E. G. Sterrickcr, Esq., J.P., this morning charged with riot and assault. The names of the accused were as follows :—James McLcish, Charles Bull, Robert Nisbit, Win. Hall, Alfred Hall, John Mann, John Cook, WalterGriUiths, George Finlay, Homy Nicols, and Alex. Waugh. They had been arrested under warrant issued on the information of George Orr, and it was mentioned that a similar number were in process of arrest and would be prosecuted on a similar charge at the instance of McLeish. Mr Perry appeared for the prosecution, and Mr Hamerslcy for the defence.

In opening liis ease, Mr Perry briefly narrated the circumstances which led up to the arrest of the accused. The sheep over which the row had arisen, were sold by one John Scott to McLeish on or about Feb. 25. McLeish took possession of them and brought them to Washdyko. Scott had Mr Meek of Oamaru as a partner, and the latter believing the sale to be fraudulent, instructed Orr to take possession of them. Orr did so, and placed them in a paddock at Saltwater Creek. While he was conveying them thither. McLeish lodged an information against him, and had him arrested for stealing the sheep, but after a hearing of a day and a-haif the case was dismissed. The police thereupon handed back the sheep to Orr from whom they had taken them when lie was arrested for larceny. This occurred on the IGth, and Orr retained the sheep in his possession until yesterday, when he proceeded to drive them away for the purpose of handing them over to the receiver of partnership property, appointed by the Supreme Court. Fearing that McLeish might resort to violent measures, he took ten men, and was driving at Pig-hunting Creek, when McLeish appeared with some twenty men and dogs. These men, incited by McLeish, behaved in a most violent manner, one of them —Bull—holding his whip over Orr’s men, and threatening to knock their brains out. The sheep were knocked about and scattered, a portion of the fence was torn down alongside the road, with the object of breaking them away from Orr, and finally SlcLcisb, with the aid of overwhelming numbers, drove the sheep bade some distance when a halt was made. As a warlike and fighting attitude was preserved by McLeish and his men, Orr came into town and laid an information against the ringleaders, McLeish, Bull, and Nisbit, and they were arrested, the arrest of the others following. Mr Perry asked that if all these facts were proved, the accused should be committed to take their trial at the Supreme Court. After ((noting lloscoc and Judge Johnstone’s Justice of the Peace in reference to the definition of a riot he called the following evidence. Edward Connell said I am an auctioneer, and have been appointed receiver by the Supreme Court under the partnership of Meek and Scott. On the IGth I sent a letter by post to Orr. I was then aware that certain sheep belonging to the partnership were in possession of Orr. Mr Hamersley—Your Worship, this was never communicated toMrLeish, and unless he knew about it, it cannot be received in evidence against him.

The Major -I don’t think it will affect the ease at all. _ Examination continued. I knew that Orr had certain partnership sheep in his possession. 1 received notice from Meek that Orr was holding sheep for me. Since the last case was tried in Court I consider Orr was acting as my agent in holding these sheep. To Mr Hamersley—l did not com inimicale with McLcish that Orr was holding the sheep on my behalf. I did not engage Orr directly. Mr Hamersley made a proposal to me that I should hold these sheep subject to the decision of the Supreme Court as to ownership. I was appointed interim receiver on March 9. TCnew that McLeish alleges having purchased the sheep on February 25. The sheep were not removed from Washdyke by my authority. George Orr dcposcil that he was a storeman in Messrs J. and T. Meek’s employment at Oamaru, and, acting under their instructions lately took possession of certain sheep. Subsequently the witness was charged with_ stealing those sheep, and the case was dismissed. When witness was arrested the sheep were placed in the hands of the police. After the dismissal the key of the paddock was handed over to witness by the police, and he again took possession of the sheep. This was on the Kith. Removed the sheep yesterday morning from the Saltwater creek. From the time witness received possession of the sheep from the police they were in his own possession. He was driving the sheep quietly down the Main South road till a little beyond Pighunting Creek, when, on reaching a narrow place in the road, McLeish, Bull, and Nisbit came up on horseback, and directly behind them was a dray with a number of men in it. As they came up with witness the dray passed on through the the sheep. There were a number of sticks in the dray. McLeish asked witness where he was going with the sheep. Beplicd that he was going to put them in the hands of the receiver. Witness, seeing the men, said, . “ McLcish, I warn you against committing a breach of the peace.” He said, “I don’t care.” The men called to him for instructions. Ho said, “Go in and take them from the fellows.” McLcish’s men tried to force the sheep back. Saw Bull threaten a man by holding a loaded whip over his head. There was also a scuffle taking place on the lower side of the road by the fence. There were some nine or ten dogs there. Someone called out to witness to send for the police. Fearing something serious might occur witness did so. He laid an information against McLeish and some of his men. When witness left the sheep were jammed together in the narrow part of the road.

Cross-examined by Mr Perry—There were about 20 of McLcish’s men trying to wrest the sheep from witness. The men were much excited, and were shouting and making a great noise. A number of them had slicks in their hands. Returned to the spot with Sergeant Haldane. The sheep were then forced back some considerable distance, and were being treated most brutally. Some of them had their eyes knocked out, some of them had their legs broken, and some were killed. Cross examined by Mr Hamersley— Some 16 or 18 men were present with witness when the disturbance took place. Some of them had sticks, but they had been told not to fight. Witness had told McLeish that he should put the sheep into the hands of the receiver. McLeish had nearer 20 men than 10 with him. Was paying the men 8s a-.day. Witnesses’ object in giving 'McLeish in charge was to prevent him taking the sheep away, and also to prevent a riot. Would swear that he did not strike a man himself although he might have given him a push on one side Four or five men were tussling together by the fence. By Mr Perry —The sheep were going quietly along the road before McLeish and his men came up. Rcdfern heard witness say he was going to take the sheep to the receiver. Wm. Rcdfern, bailiff, of Timaru, gave some evidence as to the disturbance, and also to having been assaulted by Bull.

Duncan Emerson, one of Orr’s men, also deposed to a disturbance having taken place with regard to the ownership of the sheep. Saw Bull knock Rcdfern down. Bull was very rowdy. He was singing out to them to stand back or he would knock their brains out. Was standing next to Redfern when he was knocked down; he was not hurt much. Bull was going to throw them all over the fence, when Mr McLeish told him not to lay a hand on any of them. Erasmus Williams, another employee of Git’s, gave corroborative evidence as to the disturbance, and to Bull’s threatening to split his head, also to hearing the other party whooping and hollowing, and calling out that they had got the day. (Left Sitting).