Magistrate’s Court.

Waimate Daily Advertiser, Volume IV, Issue 207, 24 May 1902, Page 3

Magistrate’s Court.

Tim ay, May 22 su. Before Mr J. Keddoll, S.M. Archibald McKenzie p'eaded guilty to entering Makikihi Hotel whilst a prohibition order was against him. Defendant, who said lie was the worse of drink, was fined £2, wiih costs, £1 Is, and cautioned. T. Twomey, licensee of the Waiin-xte Hotel, pleads 1 guilty to having had a cask of be-r with undofaced stamp thereon in his possession, and was fined £•5 and co.-ts A paternity case was adjourned. CIVIL CASES. J. Moore, jun, v. Eden, d im £4 KD. Mr II miillon for plaintiff. There was no apnea r ance of defend mi. Judgment was given for plaintiff for claim, with coals, 10s. ST lOK CASK. Christopher O’Neill was charged by the Stock Department with having a bullock suffering from cancer in his possession without reporting it to the Department, as required by the Act. Mr White, Crown Pro-ccutor, stated that the facts were that the bullock was one of a number sold at defendant’s clearing sale, Makikihi. It was noticed by two police, who were at the sale, that one animal hul a lump on the j iw, The animal was bought wi h a number of others, and wis rejected on the buyer examining his purchase. Then the police reported the matter to the Inspector, He said the important work of the Act was to prevent contagion to consumes of meat. The animal in question had an increasing lump on its jaw for three months, and it had yet been k-pt running with other animals. Mr White said defendant was a Mock dealer of experience and also a Justice of the Peace, and w mid bo cxpeAed to know the law as regards stock. Some correspondence took place between the Department and defendant in regard to examining the animal, an 1 by appointment the Inspector went out to MakiHhi. The defendant was not there, but the animal was in the yards. It was examined, found to be cancerous, and condemned. Defendant killed the animal, but took the hide and head to Timaru. He sold the hide and brought the head to the Stock Department, where it was found to be highly cancerous. The hide was recovered from the purchaser and found to contain germs of secondary cancer. It was dangerous to handle, and was ordered to be burnt with the head. Constable Christie was at the de. fendant’s clearing sale on the 15th April. Saw three pens of bullocks, in one of which was an animal having a large lump on his jaw, and which appeared to him to be cancer. Had had some experience with cattle. There were about thirty to fifty other beasts. The animal was sold with the mob to Mr W. Quinn, of Makikihi, To Mr Raymond : Was at Makikihi on special duty, and joined Constable O’Halloran at the sale. One of them always went to a sale. Pointed out the condition of the beast to Mr Quinn, and he said he would not take it. Reported the matter to the Stock Inspector. Arthur Hendry, stock agent in Waimate for the C F.C.A., was present at the sale. Delivered about 78 cattle to Mr W. Quinn the morning after the sale. Mr Quinn objected to taking a red and white steer with a lump on Its jaw. To Mr Raymond : Heard Mr O’Neill, ab >ut two hours after, say ha would send to the Stock Inspector and report the animal as diseased. To Mr White: The animal was rejected about 10 o'clock on the day following the s de.

William Munro Smith, farm man'ger at Springbank, Otaio, was at the sale d bought three head of cattle. Did

not notice an animal with a peculiar appearance. To Mr JDyniond : Only received two head of caetfe. To the Bench : Heard that this bullock was taken in M<- Quinn’s mob, and did not trouble about it, as Mr Quinn was a neighbour, and he expected to got it shortly. The money had since been refunded. George Miller, farmer, Hook, was at the sale. Saw a red and white bullock with an ungainly lump on his jaw,

which he thought of cancerous growth. To Mr Raymond : There was a possibility of this being caused by a bruise, but was certain in his own mind it was cancer.

John Munro, Stock Inspector at Waimate, was at O’Neill’s sale. Was sent out on.the 20th May to examine the yards where a bullock had been isolated, and found straw and other articles still lying about the yard. Mr Raymond submitted that this was not evidence. To Mr White: Saw evidence of the burial of an animal e'even and a half chains away from the yard. It had evidently, by the marks, been dragged by a horse, and was buried in a natural watercourse Could not say ho w deep it was buried. ' Nijver saw the animal in life.

To Mr Raymond: Dili not see Mr O’Neill al) nit nr ask him to accompany him. To Mr White : Mr O'Neill had left the district.

Edwin A Field, Stock Inspector for South Canterbury, deposed to receiving a letter and telegram from Mr O’Neill on the 18r.b April. Had replied to them Mr O'Neill came to hi-; office on the 19th and arranged to meet him at Makikihi on Sunday, 20th, at 2 p.ra. He said that if the beast was killed he would expect compensation. Drove down on the Sunday and went to O’Neill’s house. It was occupied by a tenant, and Mr O’Neill was not there. Waited two hours. O’Neill did not keep the appointment. Saw the beast in the yard about eight chains from the house. Noticed that the animal had a very large growth on the aide of the head, apparently cancerous ; it was impossible to say without exrmination. ff’here was no one there to render assistance, and he had to return. Wrote to Mr O’Neill directing him to destroy the animal. On 24th April defendant came to witness in Timaru and said he had brought the head of the bqast. He said he believed it was lying in the railway yard ; he also said ho had sold the hide. Witness and Mr Liilico went with O’Neill and found the head; It was dissected by Mr Liilico, Government Veterinary Surgeon,and pronounced cancerous. The hide was recovered from the purchaser and found to indicate secondary cancer. Defendant was ordered to burn head and hide, and a man was sent to see that it was dolie. Defendant had said he noticed the growth three months before the sale, and believed it avas the result of a bruise The growth was such as to render the animal totally unfit for food, and would render water which it drank dangerous. Defendant spoke of compensation. Said afterwards that he came to the place where the animal was on Sunday afternoon after witness left. Thomas Liilico, veterinary surgeon, examined the head and dissected it in the presence of Mr Field and the defendant. It had a cancerous growth about three or four months old. Defendant said that the beast had about that time received a kick in the stockyard. If not predisposed a blow would not cause cancer. Witness asked for the hide and found it have secondary conditions of cancer.

This was the case for the Department. Mr White asked to amend the date of informat ion so as to cover a longer time, and quoted authorities in support of his request. Mr Raymond objected and the Magistrate upheld the objection. Mr Raymond took the offences seriatim, (1) The defendant was charged with having a diseased bullock in his possession and not separating it from othersHe submitted that defendant had complied with the Act inasmuch as he had isolated the beast as soon as he had discovered the disease. Assuming that the beast was diseased it had been running with the other stock for about three months and the whole herd would then be Wnvd infected stock under the Acf It had notbeenprovedth.it the stock actually came into physical contact in the pens save, perhaps, bn the loth April and it was removed immediately on suspicion Tim f vets of the matter were that Mr O’Neill wts ft cattle fanner, running .about a hundred basts. The beast in question was a wild one and had been struck by him with a heavy stick. This developed a growth, which he ascribed to the blow, never suspecting a malignant disease. They were all put up publicly and sold. Mr Quinn, purchaser of the heist in quest ion, refused to tdte it. Defendant said that ho would comraunicatewith 'he Stock Inspector If the beast was diseased Quinn would not have to take it. He sent to the DcpartmenlfSoxt morning, well within 21 hours as directed by the Act. His further communications with the Stock Inspector showed his anxiety to do what was right. The whole charge turned on the question whether information was given within 24 hours. He submit’ed that this had been done, and asked for a dismissal. Christopher O’Neill, defendant deposed to owning the bullock in question, it was one of a lot bought at Tomuka or the Junction. His farms comprised 290 and 170 acres, and the stock on both. Held a clearing sale on the loth April, this bullock being among them. The bullock had a lump on the j >w. When drafting them about three months before the sale it was almoß impossible to get him in his proper place it being very wild, and between the knocks he got on the yards and what defendant gave him with a manuka stick the lump rose! After the sale, about four o’clock, he was told that Mr Quinn refused to take the bullock as it was diseased. Arranged that he should see the Stock Department and if the beast were diseased he would withdraw it from the count and if not Mr Quinn agreed to take it. Wrote by the first mail next morning. The beast was isolated as soon as possible. As the Inspector did not arrive on the 17th he wrote a telegram and sunt it with Mr Quinn’s man. When he did not arrive by the first train on the 18th he sent an urgent telegram and later on another. Got an answer eventually that the Inspector would be out on the Sunday and that the bullock was t<) be isolated meanwhile. Went in on Friday to press the Inspector to come, and saw him on Saturday. He promised to be there. Had not a horse to ride on the Sunday, besides he did not think the Inspector would come. Had been to church at St. Andrews in the morning. Arrived at the farm after the Inspector had gone. Received during the week a note directing him to kill the beast and bury it in a hole six feet deep and bury all straw and rubbish in the yard. Had killed it and buried it before this on the instruct lions given by the Inspector to Mrs Simpson. Buried it about ten chains from the house. Took the head to Timaru for inspection and the hide for sale ; sold the hide in the train. When R was condemned he refunded the money. Next day wnt in company with Messrs Lillico and Field. The former examined the head and ordered it to bo burnt with the hide. Th’s was done. To Mr White : Did not think it necessary to treat the animal when he saw it was not getting better. Was busy with harvest and other things. Saw the two constables at the sale on the 15th. Did not hear the matter talked about at the sale. Asked if would be compensation if the animal was destroyed Buried the bullook on the 21st and was nob in Timwp, Waa staying on the

light of the 20bh with Mr Simpson, on the 21st at Rattray’s. Was not near the post office on the 21st. The evidence of Mr Muodell, who desired to get away, was then taken. He deposed to selling Mr O’Neill’s stock in company with Mr Jones. L .ler in the afternoon he heard that Mr Quinn declined to take one of the animals’ Mr O’Neill seemed surprised and said he would have it examined by the Stock Department and if it passed Quinn would have to take it, if it did not he wou’d have to lose it. Had not noticed the animal himself.

The Court adjourned till 2 o’clock. On resuming, Mr White continued cross-examination of the witness.

John Mackw, drover for W Quinn, deposed to seeing the animal in question in the stockyards when he took delivery of the other beasts. The bullock was in as good condition as the others. The lump was not broken. Had seen beasts getsiurlar lumps by a blow and thought this was such. Did not think it was cance", as it did not answer to his previous experience of this disease.

To Mr White : Did not think he could recognise cancer unless it was very bad.

This was the evidence. The Bench sai 1 that on the evidence and with the likelihood of a fresh information being laid, the information would be dismissed.

On the question of Costs : Mr White submitted that the Department was justified in bringing the case in the interest of the general publicj The defendant had shown great carelessness and indifference to its sufferings in keeping the beast injured so long without reporting it; It was not a case for costs. He mentioned that the defendant had totally disregarded the instructions of the Department as to burying the animal, placing it in a water course to the danger of the health of parties living down stream. Mr Raymond said they were brought on four points of law, all of which failed. The Department was not doing its duty here. After the sale, when aware of the suspicion, dolendant took all necessary steps and ho at once acted on verbal instructions to destroy the animal, before receipt of the department’s letter. The Magistrate said that on the evidence he would dismiss the case. Defendant’s story was a likely one—that he had a lot of cattle and did not see them all every day, besides, lie knew the cause of the lump on the animal’s jaw. Costs were allowed : solicitors fee £2 2s, witnesses and Court expenses £1 16s 6d;