AUCKLAND POLICE COURT.

Waikato Times, Volume X, Issue 923, 23 May 1878, Page 2

AUCKLAND POLICE COURT.

(Monday; May 20). THE ALLEGED WAIKATO SCAB CASE. (Before R. C. Barstow, Esq., R.M., and B. McLean,. Esq., J.P.) Thomas Jolly, settler, of Hamil" ton, again appeared m answer to a charge of allowing sheep infected with scab to be driven upon a highway at Epsom on the 30th Sf April, contrary to the provisions 4i the Sheep Act of 1875, Mr Brookfield appeared for the prosecution, arid Mr Hesketh for the defence. . ■ ■ Mi* Hesketh addressed the Court for the defence, and a considerable discussion followed on the exact meaning of the charge. Mr Hesketh said the defendant was charged witli driving one lot of sheep, 60, along the road, infected with" the disease, and only one had been examined.; and it had not been shown clearly that one sheep belonged to Mr Jolly, and he could shew ; by evidence that it was not the scab, but was the result of a bite by a dog. His Worship said the charge was driving sheep infected with scab, and it did not follow, because one sluep was scabby, that others were. It was similar to a case under the quarantine law where a disease had ' been discovered on some passeno-er 1 on board a ship. In consequence of , one passenger being afflicted, the passengers all deemed to be effected, although they may never \ take the disease. '. Mr Hesketh said it was a pity ' that Messrs Hunter arid Nolan did i nofc cause an examination of all the • sheep on behalf of Mr Jolly, as Mr ' Jolly would have done all m his ! power 'to eradicate i . • 1 Thomas Jolly, farmer, residing at Hamilton, deposed that be sent about sixty sheep down to Messrs Hunter and Nolan, on the date stated, for sale at Newmarket.. He had 800 v sheep, and had previously ' sent down altogether oGO ; they they were all yarded, and the fattest picked out ; before sending them 1 he branded them j his brand was a i wheel and chain. His previous l©ts bad not been condemned, but on the other hand, they gave satisfaction, tmd brought the highest prices m the maikefc. He received a telegram from Mr- Hunter to say that his last lot, 6.0, were condemned. He had never treated them for scab, nor had any suggestion to that effect been made to him. He had never applied a-uy remedy, but twelve months ago,, he. found 18 sheep dead m the field, and about 20 others wounded by dogs. Ha used embrocation to wounds. The last lot contained 58 ewes, 2 wethers, and 6 lambs; ifc was two years since he bought .any. ewes ;he had never, had occasion to dross his sheep for any other purpose excepting footrot ; he had never see.i scab, and was perfectly unacquainted with the disease. He should not like to swear that the f-kin (produced) was the skia o$ his sheep. Cross-examined by Mr Brookfield : Mr Joseph May inspected the skin on Saturday morning ; lie knew nothing of sctab, as he said before ; his farm was about GOO acres, fenced m. His flock had been all together m one large paddock. A few of Mr Cox's sheep had goc m with his m April. On receiving the telegram, he took the next train for Newmarket, but not raeetipg Mr. Hunter there, he went to Papakura and saw him. He was not aware that the sheep of Me Cox were affected. John Short, farmer of the "Waikato, gave evidence. He was at Hunter and Nolan's sale yards on the day stated. He was not personally intimate wiih Mr Jolly. He heard Mr Lewis condemn Mr Jolly's sheep, which caused him to look at them, but without detecting any indication of scab. He saw Mr Lewis turn up the sheep, and call Mr Trotter's attention to it; but his (witness's) opinipfl. was that it was the b;te of 3. dog ; he bad seen similar wounds iv sheep, caused by the tearing of skin; he felt sure it was not scab. He bad seen scab m all its stages ; had been all his life among sheep j be was certain it was not scab m the present instance ; the skin was too soft, and had no appearance of the disease. On expressing; his opinion that it was not scab, Mr Lewis told him to shut up, and mind his own business. He did not see Mr .Lewis make any other examination than wjkh h'f^ eyes. He examined the other sheep and found them free. Cross-examined by Mr Brookfield : H>, had never read a work on the ' Seal} J)isease, ? by Alexamle'rßruoe, ohief luspector of New South Wales. Mr Brookfield read an extract from this work, to shew the length of time m which the insect will live under various circumstances. John Runciomnri, Inspector of fcheep, for the Waikato districts,

appointed m 1806, inspected -Mr Jolly's sheep on tho 4th May, and found no sijrn of scab upon them, and gaye Mi* Jolly a eevti^eato to, that ' effect. At tiie back oHlie shoulder of one, the skin appeared as though, the sheep had been dead two or three days. He could not say how the wound on the shoulder was m flicted, but flies had settled on it. Saw the skin on Fric'ay last. Mistakes had been made, but he could : not my that he ever made a^mistake by' mistaking scab for something else. To Mr Brookfield : There was a hard crust grown over the wound, and the mark of the wound was still perceptible. He could not say of . what Ellman's embrocation was composed. • ■ ■ To 1 his Worship : T)pgs i have been among Mr Jolly's sheep, and that 1 wound was such as dogs would make. ■ • ... Mr Joseph May, of Epsom, Mr Fredk. Howard, and Mr A. Koskruge gave evidence. The Court found defendant guilty, and imposed . a fine of '£$■■; costs, £HJGs : 6d.