TEMUKA.

Temuka Leader, Issue 1589, 2 June 1887, Page 3

TEMUKA.

Wednesday, Jtob 1,1887. [Before J. S. Beswick, Esq., R.M.] CIVIL CABESS. ■'■'' Neilson v. Macdooald —Clain £lfl 18s 3d.—ln this case Mr Tosswili explained that the wrong person had been served with the summons, and asked that the case might stand over •o that the proper parson might be be served. After hearing Mr Wills, i Clerk of the Court, Hia Worship said the esse would be held over, but tbe plaintiff must pay the expense! incurred. This was agreed to. H. Williams v. 3t. Meredith, junr.— Claim lis.—Mr Aspinall appeared for defendant, and applied for an adjournment, si the defendant bad been called away to Christcburcb.—His Woiship granted the adjournment, defendant to pay costs. Galvin v. Coffey -Claim £l3 13a 6d. rMr Aspinall appeared for the plaintiff, and Mr White for the defendant. Mr White said he was in an unfortunate position. Bis client was not present, «nd be had not sent him any word as to the cnuse of hia non-attendance. It was decided to take the evidence of the plaintiff. F. Galvin : I live at Orari. Defendant » indebted to me for work and labor done in the amount claimed. Judgment by default for amount claimed. ALLEGED SHEE? WORRYING. W. Demuth v. W. McCaon—Claim £9 4s 6d, £5 genenl dan»ges, and 13 sheep at 6s 6d each. Mr White appeared for plaintiff, and Mr Tosswili for defendant, Mr White briefly opened the case, and called W. Demuth, who, on being sworn, said: I am a butcher. I own some sheep, which are tannine nearTemnk'. On the 17th of this month I hnd a little over 300. Saw them on ihe 17tl>, when they were all right. Saw them between 7 »nd 8 o'clock on the 18tb. They were not all right. Saw the dog there. Saw the sheep about 6 o'clock. They were then all right and camped. Saw them between 7 and 8 o'clock. Saw the dog worry one, and before 1 could get near it it had got another. The dog killed one. I followed tbe dog to town to Mr McCann's. I know the dog .noat certainly. Have known it ever since it was s pup. Believe it it a crossbred be (Ween a collie and a greyhound. Have seen the dog among my sheep several times before. It had been among my sheep on former occasions, I took steps against McCano before, and recovered judgment for the Btme dog. Whilst following the dog 1 lost sight of it for a few minutss going through Quinn's paddock. I saw it next, after losing sight of it, following McOaan, who was leading a mare. After losing Bight of it, I met John McGrath. I asked him a question. I went straight up to McCann's, and saw 1 him. I asked bini where was his dog. 1 Heeaid: "Oh, it will be over in the paddock." I "id : "It has been among my sheep. 1 ' He said it whs kept on the chain. We went over to the paddock, but the dog was not there. Tbe dog always stops in the paddock with the mare. I saw the dog afterwards with McUann. 1 am positive of the dog. There were several sheep died the same day. 1 went among tbe sheep after 1 ■aw McCano. I found a lot toro and bit about, and some had run into tbe gorse. The sheep wtrc scattered all over the country on the 18ih. Previous to the dog being amorg them they were not scaiterod. I and my boy were looking after the sheep. Never saw any other, dogs among the Bheep since'the 18th, nor previously for a long time. Mr White here asked the witness: How many sheep did yoo see either killed or bitten on tbe 18th I Witness : I cannot tell.

Mr White was proceeding with the examination whan Mr Tosswili interrupted. Mr While objected to these improper mutteriogs. Mr Tosswili was always interfering. Mr Tosswili: "Ob, go on, Mr Demuth."

Mr White asked hi« Worship to put 8 stop to MrTosawill, . The witness then proceeded : 1 skinned two on Wednesday. 1 saw a lot damaged on the Wednesday. Some of them had their logs torn. After Wednesday L saw some of them dead. I found eight dead from being torn by dogs. I think it was on the Saturday I found them. I found tiro oo Suuday and some mora on Monday—three or four more. I have lost more nince. Up to the Monday I had lost 13. The flock of sheep has suffered, they hive never settled since. Tbey were running on the rifle range. Mr White : To what amount were they damaged! Mr Tosswill objected that the evidence was too remote, and that his Worship had in similar cases held tint it was so. Mr White held that he could ask witness the question. His Worship said he did not think it was of much use.

Witness continued : The value of each sheep was about 6s 6d. The sheep were croßsbreds, and in good condition, fat. . To Mr Tosswill; I have got the usuaM memory. My memory does not fluctuate. It is not sometimes good and sometimes bad. I remember lust Court day, I did

not say that I did not remember the day of the week or the day of the month. I said it was on We''rt"?day, but I did not remembvr the date, it was not another dog that worried my sheep previously. Th'-re wuh another dog with it. The pair oT them did it. My people s<w then worrying the abeep on that date. 1 have got the skins of the uhoep that were worried on the Wednesday. I do not known what the skins are worth. They mifr'tbe worth 2*. The carcases were left there. 1 will swear that the degs have been there since. I did not tell David Leaoh that dogs had boon among my sh<»ep since that date. John McGrath : I an> a laborer, living at Temuka. I know Mr Demuth. I snw him about the middlo of this month one morning going to Mr McCann's place when I Was going to work. He iiskad me a quealion, and 1 answered him. Demmh went up the road towards tho Leader office. To Mr Tosswili: I cannot tell whether it was more than a (>■■■ night ago. In my opinion it wis about » fortnight ago, but it might be more or less ; [ cannot say. David Leach, aworn : 1 know the sheep

t!.«i Demuth had running on the 18h o

th'3 month on the riverbed. They were of different values—would average about 5h each in the nurkst. I know the crossbrods. Some of them would be worth more. The flock waa mostly croscbreds. Some of the best of them were worth 6s, »!td some a little more. To Mr Touwill: The akin would be

' vorth Is or a little more. The j: would av«rage 3s without the skin. 1 remember seeing Demuth a week or ten '* lays ago, and he told me >hat his sheep e had been worried again by dogs. It waa '» one morning, near the bridge. He bad 1 fold me at the ahop that he h»d seen McCann's dog worry hi* sheep, it w«s 8 after that I saw him near the bridge. "Re-examined : It was after the first affair that Demuth was speaking to me. r It might have been within the last seven dayß. 3 To His Worship : I was among the ihtep within a day or two after his first 1 tilling me about McCann's dog. Some of them had bsen worried. I did not see any dead. Some of them wero badly 1 bittoo on the shoulder and elsewhere, and some were lame. ? Thin closed the plaintiffs cas». ' For the defence Mr Tosswili called ' W. McCsnn, who, on being sworn, . sail : I remember the 18th of May. Demuth cam's to my pUce in the morning, a little «fter 8 o'clock, and said tiiat [ my dog h»d been uruong his sheep. For a moment I thought when he first spoke that the dog wns on the chnin, an«J said ' so. Finding it w»s not I acked him to go down with roe to ihe paddock, as the dog always stops in the paddock with the horse. I forgot to take the key of the 1 gate, and, not seeiDg the dog, I said to Demuth, "The dog is not there." Shortly afterwards a party wanted the key to go to the paddock, and when he got there he saw th«> dog. IPwas a damp daik morning. I know as a fact that the dog would not worry aheep. I gave the ' other dog away. To Mr White : The paddock is about 1 10 or 12 chains away frcm my place. I did not see the dog there, and was satisfied in my mind that it wad not there. Tbe dog is almost always chained up at night. It was. not chained up on the night in question. To Mr Tosswili: I w»s in the Court last Court day. As far as my memory serves me, I believe that Demnth said he conld not remember Ihe day of the week or month. I did not order the dog to bo examined. When I saw the dog it was perfectly dry. T. Gunnion, sworn : I am a laborer, and remember the 18th of May. I saw the dog of McCann's on that date about half-past eight oraquaner to nine. A man came up and asked me to examine it, and I examined its mouth nud feet. There was no appearance of blood ou it, and it was perfectly dry. From the dog's appearance I do not think it had worried sheep within three or four hours. To Mr White tho witness explained that he was going to work when he examined the dog, and was rather late. Mr Darroch asked him to examine it, R. Darroch corroberated the evidence of the previous witness, and said he saw the dog come out of the He went to the paddock to get out a mare. After counsel had addressed the Bench, His Worship «aid the evidence was most conflicting. He then bri. fly summed up, poio;iog out that two witnesses had sworn that they had examined the dog shortly after it was alleged to have been worrying sheep, and it then showed uo traces of haviog been worrying. If a number of Bheep bad been wortied in the time alleged the dog must have shown signs of distress. Any one would know that the dog most have shown traces of blood. Under tbe circumstanceH he must give ' judgment for defendant with coßts. Had the charge been provsd he would have given large damages. GALVIN V. COFFET. Mr White explained that a few miuutes after the sheep worrying case had commenced Mr Coffey, the defendant in tho Galvin v, Coffey case, had arrived. He would ask His Worship to allow him to explain the reaeon lor bis non»attend«nce, • so that the ease might bo brought o* ag»i«. Mr Coffey explained that he had eleven miles to travel, and his horse went lame when near Winchester, and ho had to leave it there and get another. It w»8 arranged that Mr White should apply £or a rehearing next week, and meanwhile arrange with Mr Aspinall as to whether the case should be proceeded with on that date. The Court then rose,