AUCKLAND POLICE COURT.

Waikato Times, Volume X, Issue 922, 21 May 1878, Page 2

AUCKLAND POLICE COURT.

(Saturday, May IStb). THE ALLEGED WAIKAT'O SCAB CASE. (Before £. 0. B.irstow, Esq., R.M., and B. McLean, Esq.,. J,P.) Thomas Jolly, settler of Hamilton, was charged with a breach of the Sheep, Act, 1875, for permitting Sftaep infected with scab to be driven upon a highway afc Epsom on the 30th of April, contrary to the provisions of tj\o Act. Mr BrofcfiekS appeared for the prosecution ctnd Mr H^sketh for :

defendant, who pleaded not guilty. Mr Brok field stated the case, and said that he should be able to show that the sheep were sent down by Mr Jolly, a farmer m the Waikato, and that one or more weie infected by scab, as the evidence of competent witnesses will prove. Mr Brook field then put m the Act and other documents ne'eessary' to the case. ?5 . '■' George Callweli, station-master ail Remucra, deposed that the sheep were consigned by Mr Jolly, 66 m number, to Messrs Hunter and Nolan. »JVIr Jolly . assisted to put them m tbe truck. To Mr Hesketh : No other sheep came by the sa:ae train. Robert KeaJ, of Remuera station, gave similar testimony. He saw the sheep, which were taken to the sale yi rds. Richard Olney, iv the employ of Hunter and Nolan, received the sheep, and drove tuetn to his employers' paddock* , at the foot of i aimer's Hill. He then drove them along the Great South Roadj to the sale yards, and then penned them. Mr Lewis, the Sheep Inspector, was m the yards, on that, day, and told him to shift them, as they were scabby. Eventually, the sheep were carted away. -"To "Mr'lleskethr'Mr Jolly was i not, present, nor any f ouo .• else. He changed them to another pen m the same yard, and they remained there -until the following day. G4 were carried away. David Nolan believed that he received a telegram from Mr Jolly to [ say the sheep were coining- ; they J had sold sheop on six preceding weeks for Mr Jolly. To Mr Hesketh : A great number oi the previous sa)es had been sold to Mr Clayton ; he attended all the sales, did not see Mr Lewis examine the sheep. Francis Charles Lewis, Inspector of sheep, deposed that he was at Hunter and Nolan's yards on April 30th. Mr Jolly's sheep were drafted m three lots. As they were passing m tJio line, he observed something suspicious about them, and found a patch on die shoulder of one as large as the patch on his hand, lie called the attention of Fergusson, an old shepherd, and Alexander Totter to the scab, who had n# doubt about the scab. These witnesses and others who saw them weie persons of great experience m sheep. Mr Brookfield: Is ifc true that " One scabby sheep infects the flock, and poisons all the rest." Mr Lewis it is quite true. To Mr Hesketh : When finding one sheep infected with the disease, he seldom looked further. The same sheep, he believed, had been previously affected, but had been imperfectly dressed, and consequently nob perfectly cured. He went to see Mr Jolly on the subject and told him that his sheep' were scabby, and that he should no .handle his sheep but m his presence. Mr Jolly would not believe that his sheep were scabby. He did not see any insects m the wool, but he had no doubt he could have found plenty of them. He regarded this as an ordinary case — .not by auy means a serious one. He was certain he had made no mistake. The sheep, he beliaved, had since been killed. He had seen the skin Mr Hesketh said he might as well tell Mr Lewis that ho had made a mistakethat it was not scab. Mr Lewis said he had examined the spot with his glass, and yfns quite, convinced that his dee^on, was correct. He was so satisfied that it was quite unnecessary to search for an inseufc, Lewis then minutely .describe^ ov> the Court the external "appuiyiauco of tho Avouud. Tho skin was 'diseased around the patch ; the avool had been rubbed oft" by rtiß animal ; the skin upon that lyu-fc had a stiff feel. "When pinched #•& sheep i turned round, apparently t.u *>ito his hand, Avhioh is an u^nylsijikuble -proof of the existence, oi scab. He had been inspector .lo year?, since 1.86^. He. did not think.it ■ ne3Ci.saiy to, conunnnieate with, \\p ' Waikato inspector. ' ' . ' | . Mr Heske,th asked- agaj\A $ii was rob possible that he hud. rauW'a mistake as according; to PM^ic px<h. ts, he hud made -m i\i,o.vuot fcaso, i Mr Brookflrfjl Said it had been reported that Mr Lewis had been prompted b>y personal feeling m bringing this c;>se to Oouit, but he (Mr Brookfield) was satisfied that Mr LeAvis. ayrs only acting from a sense of his duty. M,v. I,ewis said that Avas. correct. He ' *?J no Personal feeling either against Mv Jolly or Mr ftunciman, the Yfaikato oheep Inspector. ' , To Mr Brookfie?,(i <Me was certain it was not fxopx the bite of a dog-. T?, Mx- Hesketh : He had no doub£ but ho could find insects m the sku^ if produced ; but it would be a. tedious process^ ■ and might take ai\ fc.ptitt\ . The Court } " Woulil y6u : like ifa $&&, prqch\cod f«xd examined, Mr Hesketh hoped- the c- . tn \i\ ' over man how.' He - ■£* T . b ° the skin at present. d " k :for .yamvn* ■ ~ -^ USO]U > a shephei'd of forty •. ' cx Plfieuce,liacl examined the s>ieep, and w»!S decidedly of opinion thaO the sueap, W aa scabby ; th«v: 0 0l was olfj, and ♦A& ttisfifise breaking r jn t around the sore. I'o Mr Hesketh? Scab is a different disease from auy 'other m sheep ; it -would take a moufcU t*> develop scab ; tlie inßide had not tern dressed properly, and the msoefc -was a ii ve ; he had knoAAOi good judges of sca b t 0 be mistaken; one msfcwwj© at otahuhu a great judge had doq,v\ *' ccc i re d ; ho supposed however that , ■*** 'was a bad judge; that Avas an 1 i case ; there would be a great 'ai-ft'ereiiee between the bite of a dog and the scab ; the bite would not be folknved by an insect;, and the other would. Scab generally strikes first up the fore shoulder, * and sometimes on the hind leg ; a bird might have carried • the insect into another part. Alexander Trotter> Frederick Howard, and Herman Schimeale, gaA r e cA'idencc of a similar nature. This was the caoe for tho prosecution. The Court then adjourned.