R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1132, 22 July 1882, Page 2

R.M. COURT.

j-kASTERTONi—FBIijAY.

(Before H. S. Wardem, R. M.

i W. A: P. Suttoh V Donald Donald.— Breach of the Scab Act, section 24. Mr Bunny for plaintiff aud'Mr-Bealrd for defendant! The charge, was fiat' defendant failed fo"give;notrce to .the.lnspectnr that scab existed in hia : flocks' with'in'4B hnura afier he became aware of its .presence, The 4ormt>l proofs, were Jall-admitted.;r ;• "; : Sheep Inspeotov Sutton deposed that he vieitfid Mr Donald's run at Wuikaraka on the 30th May last foi' tho; purpose of •inspecting sheep.- Hp-inspected apportion of the sheep at the yards there, and found them infected with scab. The insect was full "grown and alive;- ' Only caught one sheep, • There were about'7oo in the yard. ■ He could see other sheep with ■ trices of .disease on-them; .. The sheep belonged to Mr Donald:' ,'lf he found one jiheep Scabby, fie did not think it necessary io.'oisamine anyothers,:'.'; ;The sheep had been recently dipped, he believed with 'Little's fluid. ■ JTlie sheep • hadevidently Been diseased:.ipme. time. v ;The dip had checked ;the,distSase but hadnot killed it. The sheep in his.opimon had been scabby for months -Left the overseer notice to ilean the eliesep' according' to-the l Act-. -Mr •'Donald had not given him any. notice that the sheep were infe'cted, Had liad 'iio;>coQy9WtiQP'.v^^'iiDon|d^. v aa. to the Btato of his sHeep". ,J ~ ! - Ci'Oßfe.- S fa'ci J . particular reason for stating 23rd-May in the infor-' matioh;! Had tol' fix- .some dtvy..-..Had never'inapeoted alliMrl Donald's flock, to;, gether.,.- Had .inspected.{differed parts, at different!-times, -.The-Bheep; hei.in''ipeoted had. been drafted: out ofthe. | maiirvflock/ Could, they -were :-' part of the'same flock, from i -if/. 1 i.-u« ;K .2

"which {lij&b the butcher. Did .••hivedetected ,soab among- the. sheep,'drafted out for llfe;ktclieri' : iß tlilHwsß).d\riot draft out atjeep 'He ; liajd: ad|jßed'.V themlp ■•fj§9bne .of the s&eep^|becauße disagreeable oil not allow /o travel, as they gave rise and remark.The sKeep he suggested should be killed was not. diseased. . Sometimes they got 'a ciil tied' ui'tli o"d i pi-uli'd twoul (I; tbenrim vo: large patches on them, - Could -not' saywhat he would have done had there been •lialf : ft'-dozen- :: wan only one. :<MrJDonald=requested him, lo |tfe butchfe The scab was ofei' £"ni6iith Wdf ..It w : i£v not possible for a'sheep no experience in scab to pass'otiei'-kdab • Kt a jnoniirdld, evenlj li?hadTfih|iWOrm'' in the Kail'ihoJexv' perience would be justas'likely to mistake scab foi'.riny worm, us ringworm_f.or_ scab.. Did not remember if lie-" found ringworm in J'lr* Do'niiW ifloiik.'; Qffji not prepiredjo Bwear that some of the sheep he saw, when lie jl^inljwctSditbera; were iiot ' suffering''ffo'nl riifgfvdvtir; to ; the.best of his opinion they liad scab. 1 he sheep' liad be'en Bci ; iitchin*gj : arid ;r the?-TT'o"dl' looked dirty. The sheep 'would' be same if they had ringworm. He was not a :exaiiifiiini> thgßlftep' on wiiiclrhe found scab.' Hesiowedllio

insects to those present, .■ To ilr., Bu.niiy—^TbeJn,umbei!; of-Mr Donald Vslieep' wiaa'4oo(j.-/aii(l' tlie; area of laud 1500 His' |ikl£hbW f are : Messrs George; Moore, '"W.""' Bennett, Tathain, and E,j.Mere t dj.(h,rjuoior, ,-ss■ Tathani JceKifidate through having a scabby slieep r finlhii; flock which he-suid had Mr DoiiuldVeaF mark: Mr Bennettlsiclean Qertificate--.was cancelled. Mr , Moure and Mr Meredith. ; h»8 ol ean. e'er tifibate aT:' -I_"do Uo tv ii&n sidel 1 , any of Mr ; Danald'a "fences. ar& I proof, s ■To'Mf'Beard—- ; clean certificate recently. He.hp,s had.a [clean certificate.for.a, flobk s at WairongaV jadjoining Mr' aincp : J; have j been here. Messrs Hitchings and lilooro {received clean ceriificates,last summer. (| inspected: the.: sheep, 'for the butcher .at Donald's .request/on' 29th-:March.r'':l.i:did;not;;Bte;.;tlie";llock-from which the sheep .1: inspected.-.we're-•drafted. Mr Donald lifever asked ■me to:inspect'*tbealie'ep'since 29ih;M'archf,: Injaome respect's the disease scub -andiringworm are similar.An" ! inexperieiicied person would, be..more likely. t.o say ring-, ■worqt.was iscabj. than ;• vice jverak /The Bheep passed for the tiutcber were branded and dipped under my'supprvisionj 'f T . .To hacl some 12,000 fat sheep; travellings and I-always . throw out broken tieeied.iheep,' "I'lie appeai'a!ice':'of"thrßhee]p-wben-I-found-tlio scabby one would have ; led anyone-to >ay they were'jsc;ib)jy. ; 'on close examination the symptoms ofsca& and ring' worm are totally different. r ;f - : Sub-Inapeotor J,' Druinmo'ncl deposed that in some cusea there was groat , diffiv cultyjin detecting the difference between scab and ringworm, especially with-"dry-scab." An ( ordinary. observer that a sheop.Was acdbby iwhenlt wiisojily, suffering from ringworm,; ringworm, did not spread very frist. Mr ; Donald'"had not always held a clean certificate. Hia' sheep were scabby about-threo years nor scabby for 'very long.. Inspected the Hock on tlie 13th June, but saw no ringworm. '.They were dippirig'; - they had'Haenfldipped pre'vidusly;.'TCouldj see ni> s6ab f then;- Examined mfire'shee'p : iiext inorning, niid sawspme of tlieiii'very scabbiy,' Mr Donald ...was, present, >and,brtHnJed the sheep with tlie] letter ! S;-'One : ofjtlni sheep was so scabby that when'' he 1 struck it :slightly with a stick it- fell overon its' backr ' At'tlie" firsf "bl6w-"it ' commenced biting itself; at the seoond-;blow-it went over nearly in'fits. Mr Donaldsiiid lie was surprised to see the sheep so .bad.' They must have been three'montljs or.more. He was inspecting the' Bheep : fo'r- about half J it 'day. Ho Bhntild say there were about 80 picked out of the 850 in thd yards beforo he left. He" should say- a' whole-wiiyvery bad. -

Cross-BXaniined : : lii[ 2(1,000 .< ih&p, there" iriighfbe bhly'thrW or four 1 with' ringworm. Thought ho had noticed one sheep at Mr Donald's with a ringworm on it about 12 months agp. Some ofJhe sheep Fere very bad, an'yono'slioilld have' noticed before* that - tliui'e Was some-' thing wrung with iho sheep. Ringworm , had not a weakening eli'ect on sheep.* ' Thought Mr Donald was- rather-, blow. in. getting to work after jlio scab ™ discovered. Rough weather delayed .dipping, but seveial fine days went by ami nothingwas done.-; Mr' Donald .of-dip-pin® stuff, b'ut-ho did : not Misider this art excuse, as 'stationholder's should keepsupplied,, To Mr Bunny : Mr Donald had'no' tanks up for lime and sulphur dipping,: and had not enough of oilier dipping. Winter was too late to begin to run about for stuff. Anyone with reasonable observation would have discovered scab long before I inspected the sheep, It would, be hard for anyone to detect ringworm on a sheep-without inspecting.it, ' R- Winter -deposed lie was manager for Mr Donald's place at' -Waikaraka. Mr Donald. first'dipped his sheep in April, He did not dip all his flock. Those inspected by.Mr Drummond were .dipped. Mr Donald was present at both dippings; Dipped 1,500 at. the beginning of May. Did not dip more because found,nothing in them to dip fur. The sheep "were dipped in April for . ticks. It was a genera] tiling lo dp so overy year, There was'no for dipping, It would bo Mo soon iii i lie year to dip off tho shears. Dipped, in' May' for lioe ; used'the same dip-nu each occasion. He did not see any lice,,. Mr Donald found them, .""Mr Dm-tld did riot tell them what he wanted .tho sheep mustered for, Hesiuiply said lie had found lice'and would havo to dip for it. Mr Donald was helping to; put the sheep'through the yards. Cotild"toll thb difference' between lice and scab now, but had not much experience before with either.- -They used' 1- Kftllon of Litrle'a dip lo 100 gallons of water, There ; wcre more broken-fleeceß in June than in May. The sheep were suspiciouß-looking when they, were in the yard. Did not know they were scabby. Thought there was ringworm., beoaw.e Mr Sutton and Mr Druminond-bad foutid ringworm about 12 inonths-iigo" . - v f r • Mr Bunny : are lbs jiaddocka 6heup pionf.? . ' i Witness; Yes, - ■■ ,| Mr Beard: Did you think there 'tfa's :any.BCab ampne the sheep ? ' \ Witness: No 1 I did not think-' there! wasany.. I knew there was. ringworm among the sheep as Mr Sutton 1 told me_ so,. I noticed five or six out of all the sheep that appeared;.B&-if they hairingworm. the .hard which : i Mr Bunny submittodlh.fiV-tlipi»charge' .hßd'bee[r-fully-provedr-41rDjjnald.-had-fuU'knowledgo that thoshoop weru . diseased and had. evidently kept it darkf h'eVu'slit to have given notice- £He hoped; His ,Worshlp,Typjild; eon v aider the evidenceand inflict a ,subatantial fine. - "T f

I The defence raised by Mr Beard was lijatf defendaii t"did' nntknow" Sis sEeep" iWere epabby.,. If he did it was very unJikelylife lo conceal the factC iHe wodd naturally have niven th'e_notfce to avdid:iho rißjcofa penalty: knew^is'sheep'ha^nn^orm'.

scratched,themielves he put their symptons down to this disease aud did not think they indicated scab. It was very difficult for a person not. thoroughly acquainted with both diseases (o tell one from the other,-especially when the scab was dry, hence the error of defendant. If the Court was not satisfied with the evidence alread; given, he could call another witness, ' • ilis Worship said he was perfectly satisfied with the evidence, and fined ■ dsfendai)t£2s.—Twootber ohargea under Bection-25 anl2B were then withdrawn by and |The>Gpfi^then;adjoßrndd f ti119.30 this •morning; •" IIW) ■'SATUBDAY. < | (Befora.H, S, rWAEDELL, it. Scrgsant Price v. John Drunk and disorderly. Pined 5a Arid costs. • ' .tjo c::7::;tteft aitddft.)