The Invercargill Times. FRIDAY, JULY 10, 1863.

Southland Times, Volume 2, Issue 2, 10 July 1863, Page 2

The Invercargill Times. FRIDAY, JULY 10, 1863.

The sheep case tried recently before the Resident Magistrate at luvercargill, Fielder v. Jackson, being one of more than ordinary importance, inasmuch as it materially affects not only the individual, but the class, merits remark. Mr. Freeman Jackson was charged by the Sheep Inspector for the Northern Division, Mr. H. G. Fielder, with a breach of the 17 h section cf the "Sheep Ordinance, 1862," by having in his possession 900 sheep affected with the disease called scab. From the evidence it would appear, that Mr. Jackson imagining his sheep were infected, at once took the steps required by the Ordinance to acquaint the Inspector of his impression ; also giving notice to his neighbors, but believing it of more importance, both as regarded himself and th run holders ill the vicinity, that every effort should be made to e'ean his sheep at once, instead of waiting da\s to have his fears confirmed. he, with praiseworthy energy, dipped them. When the Inspector did come, he found they had been dipped, but. singled out one which he declared was infected, am) in consequence prosecuted Mr. Jackson, The notice was served on that gentleman in so short a time before he was required to appear, that he was precluded from producing witnesses to rebut the charge, which he, by this time, believed to be without foundation. The Resident Magistrate, under the circumstances, very properly granted a remand to enable this to be done. When the case was again brought before the Court, Mr. Jackson proJuced three witnesses of considerable experu nee in the particular disease, all of whom stated that the eruption was caused, not by the insect, but by grass setd ; further, Mr Jackson brought down the particular sheep, but when within a short distance, it unfortunately died, thus preventing Mr. Mathieson's evidence having that weight which it would otherwise have had, as there could then have been no doubt which sheep Mr. Matthieson had examined. Mr. Jackson, however, cut out the supposed infected part, and under the skin, grass Seed was found. Mr. Matthieson, a witness of 23 years' exp rience, swore positively to the sheep being clean, accounted for the suspicions appearances, and stated his willingness to have purchased sheep fi'om the same flock, so sure was he that they were clean. Mr. Matthieson's evidence would heve been conclusive, could the sheep have been produced. Here was a witness in no way connected witb Mr. Jackson, of long experience, who was so convinced that the sheep were clean, thaa he was ready to purchase some, and run the risk of driving them through the country. Another witness, Mr M.irtin, stated that he had examined the flock, and the particular sheep, after hay ing been told by the Inspector that they were not clean, and he found them to be quite clean, though he declined to swear positively to scab unless he saw the insect. Mr. Martin is agentlemanof long experience, and being Mr Jackson's neighbor, is more interested in the matter than any one else, paiticularly as there is no natural boundary between his and Mr. Jackson's Run, yet he comes forward as a witness for the defence. To summarise the facts of the case, Mr. Jackson, fearing there was something wrong with his sheep, gives notice to the Inspector. Believing that prevention is better than cure, he proceeds to dip them in so strong a mixture as to leave no doubt on the subject should they be diseased ; the Inspector examines them shortly after. Now, from all we can gather, it was impossible to tell whether they were clean or not, so short a time had elapsed since they were dipped, and there was the evidei c • of two gentlemen, of great experience, putting aside that of Mr. Jackson's shepherd, against that of the Inspector who could not find the insect. The Resident Magistrate in the face of the positive oath of the Inspector, and in the absence of anything to prove that Mr. MathiesOn had examined the sheep, found for the plaintiff. Our contemporary, the Southla?id Neivs, takes exception to the adjournment of the case to enable the defendant to produce his witnesses. In this view we cannot concur ; we do not see why the squatter should be treated to a different sort of justice to that meted out to any other man — why he should be punished at the direction of a by no means infallible individual, without having any chance of producing the testimony of men of greater experience than that possessed by the Inspector, and , quite as disinterested; nor can we con- J ceive the train of horrors conjured up by our contemporary by the adoption of the course pursued by the Resident Magistrate. There is no occasion for the Inspector to roam the coun- J try, with his satellites to corroborate his assertions ; all that is necessary is, that in the conduct of his duties he should exercise a little tact and discretion, should be a little less confident as to his own infallibility, and show a little more deference to the opinions of others. We would recommend to his attention, in cases similar to the one under consideration, the adoption of the course followed by Mr. Logic, the Chief Inspector of Otago, a man of considerably greater experience than Mr. H. G. Fielder. In all disputed cases where he cannot see or pro(luce the msect t let him order the shee.p supposed to be infected, to be kept apart, or, if mixed with others, hay.? some distinguishing mark by which it can bo easily recognised, and after a

sufficient time has "elapsed to develop the disease, he could visit the station and convince the squatter by the production cf the insect that his opinion was correct. The adoption of such a course would prevent all the evils deprecated by our contemporary, satisfy the owi3er and prevent expense and ill-feeling. The mere entering into a a bond to clean one's sheep within a certain time is a trifle compared to the hardship of being prevented from selling one spare stock, whether wethers or others. The case under discussion is a particularly hard one. The owner, immediately on suspecting that his .-hcep were infected, dips them with so strong a solution as to insure their cure, and, despite the precautions he has taken, Irs flock is declared infected, and he is fined accordingly, on the ipsedixit of the Inspector. lie examined them so short a time after they had been dipped, that, according to the opinion of those most conversant with such matters, it was impossible to decide with accuracy. We do not find fault with Mr. Fielder for the energetic discharge of his duties ; but for the manner in which he discharged them. Enprgy in an official is praiseworthy ! and refreshing, but energy can bi misdirected. A bull roaming in a field excites our admiration, but the same animal in a china-shop presents to one's miud a picture of misdiiected energy ; at any rate, we fancy the owner of the tenement might possibly think so.