RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 131, 11 August 1870, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, Esq., R.M.,. JL F. Herbert, Esq., J.P., and Aiex. Stewart, Esq., J.P. TBTntSD>A.Y, AXTQVST 4. Archibald! Hogg applied for slaughtering license. Granted 1 . Dale v. Miller. — Adjourned case. Miller was charged with having, on 21st June, 2000 sheep infected with scab. Pleaded Not Guilty. Mr. Gooday objected to the information, as it set forth th«t the defendant held in his possession sh.e.ep a,t Glenore

infected with scab. The information ought to set forth that they were knowingly in his possession infected with scab, in accordance with the 34th section of the Act. He might mention that Judge Chapman found on appeal that it was a necessary element in a like case that knowledge of the fact should be proved: The Bench remarked that they had power to amend the information, and asked the plaintiff if he had any objection to have the word "knowingly" put in the injunction. If he did so, it would become necessary on his part to prove kno .vledge.

The plaintiff, who was unacquainted with the rules of law, said it would be no advantage to him to have the word inserted ; for Mr. Miller knew for the last nine months that the sheep were infected.

Mr. Dale, being sworn, deposed — I am Inspector of Sheep, Waitahuna. On the 3rd November last I was at Glenore. The sheep being in the yard (Mr. Miller's) on that day, I saw three diseased, the 27th day of January. On the 22nd day of January, Chief Inspector was there. On 27th January the sheep were dressed by his directions. On 16th March, a second dressing took place, and 220 sheep were selected by the Uiiief Inspector for that purpose. At this stage a consultation took place by the Bench as to the admissibility of this evidence.

At the instance of Mr. Gooday, who took exception to the witness going back as far as November. He might as well go back to the period when Mr. Miller first took possession of the station, and he would object to any evidence brought before the Hench prior to 21st June, the day stated in the information. The Bench asked plaintiff if he wished to prove a previous connection. He answered in the negative, whereupon the Bench confined him to the date mentioned in the information, viz., 21st June.

On the 21st of June last, I was at Mr. Miller's, Glenore, the sheep being on the ground for the purpose of branding. I saw a sheep with large patches of scab on it. One of Mr. Miller's shepherds caught it. After looking at it, Mr. Miller gave instructions to his shepherd to tie it and put it into a separate yard, which was done. A second was served the same. Afterwards four were picked out and put into a paddock. The last four had marks of having been treated for scab (carbolic acid). They came out of a large flock of some thousands.

The Inspector called attention to the 34th section of the Act, where it is stated that if one is taken out of a flock, the whole is considered infected.

By the Bench — The thousands I speak of were being put into the yards at Glenore.

Cross-examined by Mr. Gooday — The diseased sheep were running with the flock. I did not use a microscope glass. I didn't consider it necessary to do so. It is not customary to do so. But when people are not sure of the disease, the glass is used to assist them, but not otherwise. It is used by amateurs to see the insect, and as a matter of curiosity. Myself, having 35 years' experience, never used a glass ; but latterly I have. The animalculte were alive on the animal. I say again I did not use the glass. (Here a learned discussion took place about the nature of scab.) I cannot tell the size of the animal, not having measured it. There is another disease very similar to the scab ; it is not caused by an insect ; it is caused by an eruption of the skin. I didn't know it by the name of scurf. Do not understand that word ; it may be Scotch. Both diseases are not alike in appearance ; the scab is darker and more green than the other. I never saw sheep apparently infected that were not so — at least I don't recollect it' if I have. I cannot detect the insect with the naked eye. My eyesight is now impaired. When the insect is dead the wound has a different appearance, and new wool commences to grow. When the animal is dead the wound or blotch is not so green. I again say that I did not see the animal alive on the 21st of June, but the blotch was green, the constant and inevetable concomitant of there being disease. The brand on the sheep was Miller's. The sheep were not all branded. I did not count the number of sheep, but there were more than 2000. It is not necessary for us to count the sheep. I have laid the information for 2000, because I could not include a larger number, as the Act specifies the maximum number 2000. There might be other brands amongst the sheep. T did not see any othwr. There might be. I swear, the sheep infected, were the property of Mr. Miller. There is scab on the adjoining land. One sheep in a flock is quite enough for our purpose. I examined the second sheep caught ; the brand was. R. Miller's brand. The most of the flock was put in the yard in mv presence. I can tell the number in a flock to a few. This is the result of experience. These sheep I speak of had the scab for some time previous to my having examined them. Mr. Miller had dipped these sheep, but in my opinion imperfectly. He had been dipping his sheep previously, the last occasion on the 28th May. Sheep infested with scab require different treatment at different seasons of the year. From November to January, one dipping is sufficient, but some of them may require two dips — in fact two dips are effective at any time. They require less when the wool is short. In some very bad cases three dips may be necessary. T know George Cameron. I assisted him to dress a few sheep, but he. had not the proper convenience.

By the Bench — Six days after an effectual dipping, the blotch dries up, the scab is thrown off, and young wool grows. The* effect of the ammalculse is to dry up the nourishment of the skin, and the wool comes off. When the animal is embedded under the skin the appearance of the blotch is always green. If the dip is strong the animal is killed instantly. Hugh Cunningham, being sworn, deposed I—l1 — I am a shepherd at Roxburgh Station. I was there on 21st June last. I was helping to put sheep into Mr. Miller's yard. I saw some sheep, being' picked out before they entered the yard. Mr. Miller caught the sheep. It was taken to the paddock, otherwise the stackyard. The sheep was tied in the yard. There was- nothing in the shape of tar or carbolic acid put on it to my knowledge. There was only one caught. I did not see two caught.

Cross-examined by Mr. Gooday — I did not see any scab on this sheep. The flock wajs clean. I wag amongst them

every day. If there was scab, I would see it. I did not look particularly. I saw no second sheep caught. I saw no symptoms of scab at all. J have seen no scab amongst the sheep since the 21st of J une.

By the Bench — I cannot give a reason why Mr. Miller took the sheep from amongst the flock. I have been a shepherd for eight or nine years, f have been with Miller for two years. Scab can be detected by the eye amongst a flock of sheep. I can tell a scabby sheep without a glass. I did not examine the sheep that wa3 tied.

Mr. Gooday addressed the Bench for the defence, and called upon J. Peters, Mr. Miller's overseer, to which Mr. Dale objected, as the overseer was not present on the 21st J\me. However, he was allowed to be examined.

I have been overseer for eighteen months. I was not present on the 2 1st of June. Mr. Miller's sheep have been dipped four different times. They were dipped in a proper manner. Since the 21st June I have repeatedly seen the sheep in question. Mr. ('orkendale has charge of them. I have seen no disease amongst them. They were dressed in the presence of Mr. Logic, and Mr. Dale was present part of the time. During the first dressing, Mr. Logic made some remarks about the mode of dressing, lie was not satisfied ; but on the second occasion he was satisfied. I cannot swear whether Mr. Dale was present or not. I rather think not. They have been dressed twice since. Mr. Dale has expressed his dissatisfaction on the occasion of the first dip, but not since. Previous to dressing, scabby sheep were to be found all over the ground.

By Mr. Dale — Mr. Logic was dissatisfied on the first occasion. Tt was with the muster more than anything else that he was dissatisfied. I have not seen any scabby sheep on Miller's grounds since 21st of June. The sheep are not in one flock. Mr. Dale pointed out to me the sheep that was taken out of the flock on the 21st of June, some eight or ten days afterwards, The sheep were in one of the small pens, some nve or six of them. We examined them, bnt not the particxalar one. We found traces of scab. We had the aid of a glass. I spotted the sheep with spirits of tar. I have seen scab on Miller's flock. On yesterdaj r the sheep wa3 iv Murray's yard, Waitahuna. I could not swear that this sheep was one of the flock examined on 21st June. However it is possible, but very improbable. The sheep I saw yesterday was not branded, but a good many were branded. I took them to tl c stition at Roxburgh.

Tnis concluded the case. The Magistrates retired for a short period for constiltation. Defendant was tined in the sum of Is per head for 2000 — the minimum line.