FARMERS AT LAW.

Stratford Evening Post, Volume XXVIV, Issue 46, 29 January 1916, Page 2

FARMERS AT LAW.

SHEEP-WORRYING CASE. | The. Magistrate’s Court was occupied ; yesterday for a considerable time with the case Smith v. Petersen, in which plaintiff claimed the sum of £27 for loss sustained to his sheep as a result of their being worried hy defendant’s dog. Mr Trnhy King appeared for the plaintiff', the defendant being represented by Mr Percy Thomson. The facts of the ease as' stated by plaintiff and his witnesses were that on Sunday morning, November 21, defendant’s dog and another one were seen worrying plaintiff’s sheep. Chase was given and one dog was traced to defendant’s house, where it was lonnd in a dirty wet condition, locked up. Plaintiff shot the dog and buried it. As a result of the worrying several sheep were killed and others were maimed and wounded. Valentine Smith, plaintiff, gave evidence as to the worrying of the sheep and of the execution of the dog. He was absolutely certain that the dog he shot was the one which had worried his sheep, as he knew the dog well, and had seen it run from his place to defendants. He had always lived on good terms with his neighbours, and bore no grudge against Petersen. He had sustained losses to his .sheep on two previous occasions. John Friday stated that he saw two dogs, a black and a brindle, worrying plaintiff’s sheep, one of which he recognised as Petersen’s. He and a man named Shotter gave chase to the dogs. They Inst sight of the black dog, but followed the other one to a gully near Petersen’s, where they met Smith. He was as close as twenty yards to the dog and was absolutely certain that it was Petersen’s. The dog found in the shed at Petersen’s, which was shot by Smith, was the one which witness saw worrying the sheep. Mo .es T. Phillips gave evidence as to the value of the sheep in normal condition and in the worried condition. He valued them at £1 a head normal and at not more*than five shillings m the wounded condition as he saw them the next day. Jus. M. Shotter also gave evidence for the plaintiff. The defendant stated that his dog was of a timid nature and not a dog to worry sheep. It was seldom off the chain. On the morning of November 21, ho say the dog on his place about nine o’clock. He was later hailed by Smith, who asked him where his dog was. Witness replied that the dog had been home all the morning. Smith said there was blood on the dog’s face. Witness rubbed bis hand along the dog’s nose but no blood came off on his hand. Friday was called and ho identified the dog as the one he had seen worrying the sheep. Plaintiff then asked witness if he intended destroying tlie animal, which witness refused to do. Smith then and there shot the dog and buried it. There were several other dogs similar in ap-' pea ranee in the neighbourhood. Ibe cause of the dog’s muddy and wet state was that it had been out bringing in cows that morning. Witness did not see the dog after half-past nine until Smith arrived. Emma Jane Petersen, wife of defendant, said that the dog was home at about a quarter to ten. She then locked it in a shod because it was eating the Scraps which she was giving to some chickens. There was no blood on the dog. The dog had been locked up about half-an-liour before Smith arrived. | Evidence on behalf of the defendant was also given by Charles Hodge and Charles Mayhead. Mr King contended that the plaintiff was justified in killing the dog, as it had worried bis sheep and as the chasing of the dog and the execution thereof were one bransatioxx. _ Mr Thomson claimed that plaintiff was not justified in killing the dog, but should have adopted such other remedies as provided by the Hogs Registration Act. The .Magistrate, in giving judgment for tho plaintiff, stated that the chase and the killing were one transaction. He was satisfied from the evidence that it was defendant’s dog which had worried the sheep. ue would find for the plaintiff for £l4 15s, with counsel’s fee and witnesses expenses. Defendant’s counter claim for £lb for‘loss of his dog and damages was lost.