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Wairarapa Daily Times, Volume XV, Issue 4400, 22 April 1893, Page 3

dmiited the nfifeati his anil said he I would oome atgHßh it. Thomas MoKeon! gavo corroborativo evidence. Knew the ram was Mr Falconet's by tho ear mark. Also flaw Mr Falconer lead the animal away with a piece of wire. Tho ram was six4ooth, Also saw Mr PalConor's ram in Mr Sykes 1 paddock, with the ewes, on the 29th. I. Sykoa, recallod said lie saw one of Mr Falconer's rams in his yard again on tho 80th of March. Called defendant, who admitted owning the animal, and subsequently removed it. ToniOoii'ipton gave ovidetico that ori'MhoftJifllcli he saw an aged ram of Mr Falconer's in Mr Sykea' paddock. In tho morning Mr Falconer asked witness if ho wanted, to buy a ram, He did not buy. ; This was the informant's case. Mr Pownall, for defendant argued that Ibo case was not maintainable, as tho animal was not impounded at the timo of tho offence, and then the subsequent proceedings: could, have been taken. Hie Worship overruled the objection.

Mr Pownall saijl bo should: then ask that the penalty bo nominal,and, that m Coats be allowed as the fonce, wbS®(JhUo havo been kept in. repair by Sykes, was tho cause of the animal trespassing. W. Falconer gave evidence .to .tho effect that rams belonging to hinv got on to informants, property on the Bth and 29th March. An arrangement bad been entered into between witness and Mr Gorrihge,-who was the■■ previous occupier of the land now occupied by Sykt'B, to each keep half the boundary fence in ■ rep.iin, There was a bole in Mr Sykcs portion of the fonce which allowed, the ram? to go' tbroufili. Never bad any previous trouble between Mr Sykea and himself about strayed animals. The ram pas a fairly good animal. By Mr. Beard: Believed this ram atraved on to Mr Sykes property tO/Bfej'igood as his. At anyiate it. was as good for witness' purpose.", Sykes might have said something about repairing tho fence in December last. Did not know that Mr Sykes had repaired his fence. Thomas Mnokay, called as an expert in sheep matters, said; it was matter of opinion as to whether) improved; Romncy or pure bred Romney sheep were the best, Could 5 riot; give and opinion as to whether the rains would, damage Mr Sykes' sheep without, ces ing both flocks. The fence on the. boundary wa3 in some places very much out of repair; Ua had visited the property this (Friday)., morning. John Edwin Catt, gavo evidence in support of Mr Falconer's statements % Duncan McGregor,, called by Mr Beard, gavo evidence that in March last he examined tho fence between Sykes and Falconer. In his opinion;' Mr Sykes' fence was in a better con> dition than Mr Falconer's, although none, of it was too food,!::. Was .very strongly of opinion that Mr Falconer's rams would not do any gocd to Mr Sykes' sheep, . iu'; V I. Sykes, re-called, paid ho had thoroughly repaired his fenco on the 14th of December, Had spoken to Mr Falconor, who said he had no time to repair and conld not afford to pay. for the work to be done. By Mr Pownall: Had made a good

job of the fence and if it '*as out of repair Mr Falconer's, horse might liavn kjrtjfjfaflftii' Possibly ■ ono of his ~o)v«PBSron it. 'Sis Worship said that from the evidence, certainly the. offence had been committed, The evidence regarding the fence showed .it was not too good in any part. A fmeof 10s would be imposed in the first case with costs, and in the second case a fine of 10s without costs. Tho costs amounted to £4, -