RESIDENT MAGISTRATE'S COURT, HAMILTON.

Waikato Times, Volume XXX, Issue 2455, 5 April 1888, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON.

Yes r Kin >AY.--(Before Captain Jackson, 11. M.) Civil Business. H.w v. Barlow, Re hearing Claim £12 7s. Judgment, for defendant with costs of rehearing £10 7s (id. C. Hinton v. Fokkkst and otiikrs, wrongful distraint. This case was partly heard last sitting day, and whs further adjourned to 18th inst. CriminalI.'oi,ii:k v J as. Fokkkst, cruelty to animals, three charges were laid " For that the defendant James Forrest did neglect to supply with proper and sullieient food certain calves between the lirst and the sixteenth of March, ISSS. Mr L. O'Neill appeared f r the prosecution, and Messid Hay and Hally for the defence. Mr O'Neill called Job Hinton, who deposed : I am a farm labourer residing at Hamilton East. 1 was tenant on Mr F. Forrest's farm up to the end of February, and on the Ist of March a forced sale took place, of cattle and stock. There were 12 calves S'dd at the auction, out of these Mr J. Forrest purchased eight, at sixpence a bead. Oiie of those, a bull calf, was born on the 13th February. He was a red and white calf. One was a white steer calf, and another a dark roan or red roan. These last weie an weaned calves as well as the bull calf. These calves were left in the orchard after the sale. They were there on the second and third of March, and I believe they are now there dead. On the 2nd March my father pumped some water for them, and they drank very greedily. My father said to Mr Forrest, who was present, that it was a shame to leave calves like that. He did not know then to whom the calves belonged. There was no food in the orchard for the calves — nothing but weeds. The proper food for calves up to three weeks of age was fresh milk, and for the older calves half fresh milk and half skim milk was given. The weather was very hot about this time, that is, the second and third of March. I have seen the three calves dead since the 2nd of March, about a week perhaps after that. I thought they died because they had had nothing to drink.—Crossexamined by Mr H;iy : There was one very young call. 1 did not inform Mr Forrest that the calves were milk fed. In my experience all calves get milk up to the age of these calves. 1 never heard of calves getting hay tea. Some of the cows from which 1 fed these calves were left on the run afler being sold. I did not promise Mr Forrest to bring the mothers of these calves it at night. 1 was feeding these calves on fresh milk for the young one, and half new and half skim for the older ones. I fed these calves up to 2(jth February. After that they were in the bailiff's hands, and I considered they did not belong to me. The run feeding for four days would not have killed them. They would have been alive now if they had had water. There is water on the farm in the gully, but the calves could not get at it as they were in the enclosed orchard. They were watered on the 2nd [by my father. I will not swear that Mr Forrest did not put in some sheaves of oats to the calves. I cannot say whether these calves died a natural death or not. I cannot say they were not knocked on the head or not, but it is curious that if this were so that they died one after another, and not all at the same time. The calves were in good condition when sold. I told Charlie Robinson that it would be a charity for somo one to go in and tell the police about the affair after I saw some of the calves dead. This prosecution did not arise out of the distraint for rent. — Keexamiued : Water is not a prooer and sufficient food for young calves. -Ry the Court : The calves were knocked down to Mr Forrest by Mr McNicol, and were in very fair condition. There was one cow milking left on the place.—Charles Hinton, being sworn. depo-'ed, 1 am a farmer, I remember the sale on the Ist. Mireh, when the defendant Mr James Forrest bought eight calves at sixpence each. They were in fair condition. I have seen the calves mentioned in the information. They are dead. On the day after the sale, Collins asked Forrest what he was going to do with them. Forrest said he would take them home as he had plenty of milk. Collins said they would not be able to walk. Forrest said that he would either knock them on the head or let them take their chance. I saw one calf dead, the little red and white bull calf, on the 4th of March, Sunday. I consider the calf died for want of something to drink. On Tuesday the sixth I saw the other two calves. They were then empty but not lower in flesh. I have seen them since that date lying dead. The weather was very dry during the first week in March. Proper food for young calves is new milk. Water is not , sullicient food nor oats in the sheaf. , —Cross-examined : lam convinced that ' the calves did die of starvation. There ( was no rain during the tirst week in March. The calves did not receive any , wound. lam sure of this. They were not knocked on the head ; I am sure of this also. I can swear that the death of these calves is due to the want of water. It is possible that they might have been killed by eating something poisonous but lam certain they died of starvation and ' that they had no water.—Re-examined : The calves were knocked down to defendant at auction. Undoubtedly the animals died for want of something to drink. The Court then adjourned until 10 o'clock a.m. this day.