MAGISTRATES' COURTS.

Globe, Volume III, Issue 279, 4 May 1875, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Tuesday, May 4. [Before G. L. Mellisli, Esq., R.M., and the Rev W. J. G. Bluett.] Drunkenness. —Mary Cunningham, who had only been discharged from prison on the previous day, was charged with drunkenness. She begged hard for another chance, which his Worship said he would give her, and discharged her with a caution. John McSweeney, fined 10s. Cornelius Connor, who had been committed for twenty-four hours for appearing drunk in Court, was now brought up and fined 10s on a previous charge of drunkenness. Assaulting his Wife.—Johu Pugh was charged with assaulting his wife, Mary Jane Pugh, on the Ist instant. Complainant said that her husband took her by the throat, beat her, and turned her out of doors, throwing a chair after her. Her husband was almost always drunk. His Worship said that this was all through the accursed drink; if defendant would join the Good Templars and give up drink he and his wife would live happily together. He would adjourn the case until Thursday in order that some arrangement might be come to as to the parties living separate. Stealing prom the Person. John Bldridge was brought up charged with this offence. Chief-Detective Feast said that the prisoner had been only arrested this morning, and as he had reason to believe others were implicated he applied for a remand until to-morrow. The Court granted the remand. The Cab Cases,—His Worship said that there were some cases in which fines had been inflicted, but the matter had been allowed to stand over until the judgment of the Supreme Court was given. The money would have to be paid now, or proceedings would be taken. Breach of the Sheep Ordinance.— Edward Mitchell was charged by information with a breach of the Sheep Ordinance, 1872, by driving sheep infected with scab Uong the public highway contrary to the 38th section of the said Act. Mr Wynn Williams appeared in support of the information, md Mr Thomas for the defendant. The following witnesses were called : J. T. Matson deposed that he was an auctioneer, and sold certain sheep on 24th February at the Canterbury sale yards ; they belonged to a person named Horniman, and witness sold some to Mr Mitchell ; on 3rd March witness sold to Mr Mitchell 340 odd lambs ; on 10th witness sold him 468 lambs, the property of Mr H Grey; on this day witness attended Mr Mallish with Mr Mitchell; witness was excused

attending Court because Mr Mitchell said he was going to admit Mr Thomas—l object to that, you cannot get an admission in that way. Mitchell admitted that the Bheep were bought from Mr Matson, and that he drove them along the road, but I am instructed to say that Mr Mitchell denies that he knows they were infected with scab. Mr Wynn Williams —He admitted in Court and when he found the penalty was £25 he withdrew the admission. Examination continued —Mr Mitchell said in witness's presence that he intended to admit the offence of having the sheep in the yard. By Mr Thomas—He could not say that Mr Mitchell admitted the sheep were infected with scab. Believe it would affect Mr Mitchell's business in having scab about Christchurch ; believed the sheep sold to Mr Mitchell bore Mr Gray's brand; did not know of his own knowledge that any of the sheep were scabby; had heard the scab broke out afterwards ; there were three entrances to the yards. Witness believed that the scab broke out in Horniman's sheep; believed those sheeplwent through the middle entrance, which is, usually called, witness's entrance; did not think Gray's sheep were penned up in the same pens as Horniman's; believed they would fgo in and out of the Bame entrance as Horniman's : all the shrep witness sold went through the same entrance; the pens were sheep proof; there are cattle yards and more than one large yard which will hold 1000 sheep. By Mr Wynn Williams—Mr Gray's sheep were sold from the Canterbury Saleyards, at a pen witness often occupied Mr Holderness, one of the inspectors of scab, deposed that he had examined sheep that had been Horniman's, at Lodge's, on the 18th of March ; at Mitchell's two days after that; and at Parish's two days afterwards. Witness reported the sheep as scabby. Afterwards saw Mr Mitchell's man driving some sheep, and spoke to him. The man distinctly denied that they had been mixed with any infected sheep whatever. Personally witness did not know that the sheep had been into the yards. Witness watched and saw the man drive the sheep into the yard. Public notice was given that the yards were infected. By Mr Thomas • Horniman's sheep came from a farm near the Weka Pa9s ; they had to cross an infected run ; any person can bring sheep across an infected run; there is no penalty for doing so. Witness inspected Horniman's sheep because they came from the centre of the Glenmark run ; to the best of witness's belief Horniman's sheep were infected when they passed through the sale yards; a great number of Mallock and Lance's sheep came down that were not inspected ; could not say whether those sheep were infected; should say from his own knowledge that it was not possible Horniman's sheep were infected from Mallock and Lance's sheep ; did not think Horniman's sheep were free from scab on the24th March; he did not believe that Horniman's sheep could have contracted the disease after the 24th February, from the state in which the sheep were when witness examined them ; it might take four months to develope the scab to the state in which witness saw it; was positive it would take more than one month. By Mr Williams . Did not know of any other scabby sheep than Horniman's at that time within ten miles of Christchurch. If the scab was contracted on the 24th February it would not be possible that it would be developed to the state it was on the 18th March.—Mr Newton deposed that he sold sheep on account of Allen on the 17th March at Canterbury sale yards.—H. F, Gray deposed that the lambs sold by Mr Matson on the 3rd and 10th March were witness's : saw some of those at the yards last We Inesday week ; they were lambs that had been fold to Mr Mitchell, who on that day re-sold them. By Mr Thomas : Might have been present when Horniman's sheep were sold. Witness' lambs had been dropped in the spring, and were about six months old when sold ; did not notice any lambs branded ; practically the whole 468 lambs were not branded, an old sheep sold by ( Mr Mitchell was branded ; the sheep were not scabby when witness sold them to his knowledge ; as far as witness knew his sheep were not scabby when sold on the second occasion ; Mr Turner produced the Brand book from the Government offices containing the register of Horniman's brand. Mr Lodge deposed that he had a farm at the Styx ; on 10th March last witness had sheep in the Canterbury Saleyards, viz, ninetyeight ewes put in Ford's pens ; some of Horniman's sheep were amongst them; had bought some of Horniman's sheep on 24th February. To the best of his knowledge none of his sheep had the spur brand (Mallock and Lance's). Mr Holderness examined Horniman's sheep in witness's yards, and pronounced them scabby ; the wool was chafed a little ; did not know much about scab ; there was a sore place about the size of the finger on one of the sheep ; witness paid Mr Matson for 168 of Horniman's sheep, and out of that number Mr Holderness picked out about three that he said were infected with scab ; they were running with -about 877 sheep ; he looked specially at those with Horniman's brand. By Mr Williams —Would not generally think of looking specially for scab in sheep bought at the yards, for they were generally supposed to be clean. Mr William Allen deposed that he lived in the New Brighton district ; witness sold some sheep about 500 at the Canterbury sale yards about 17th March ; got about 100 of them from Mr Lodge ; did not think that any of them had Horniman's brand. By Mr Thomas—Did not know what the brands of the sheep were. Mr Tickner deposed that on 22nd March he washed the sale yards at Addington with disinfecting fluid brought from the sheep dip. Mr Thomas said he would admit that. Mr P. Bonlton, chief sheep inspector, deposed that in consequence of Horniman's being declared scabby, he published a notice; on 21st April witness saw Mr Mitchell, and he applied for an order to remove sheep saying that they were brought from Mr Gray. That was after the sheep had been put into the yards. Mr Mitchell's clerk applied for an order to remove them, saying that the sheep were on the road. Witness then refused to give the order until he had seen Mr Mitchell. In soiie wool brought by Mr Holderness witness saw a scab insect By MrThomas—Could not say how long it would take to develop a scab insect; it could not develop in three weeks. Had never seen any of Horniman's sheep ; Mallock and Lance's sheep (10,000) were dipped after being inspected by Mr Scarvell before they passed through Moore's run ; there was no power to stop them passing through infected runs ; Mr Mitchell's name appears on the list of infected runs on the Horseshoe Lake and the Styx ; there was no mention of the i-t Albans, because it was included in the others. Mr Mitchell did not to my recollec-

tion come to me at the office for a permit to get the rams dipped at Addington ; never told Mr Mitchell that if he had a secure paddock to remove the sheep to he was at liberty to remeve them when he liked; Mitchell may have spoken to me on several occasions for permits, and has had them granted. The Act was published on 25th April; knew that Mr Mitchell had killed 800 or 900 sheep to stamp out the scab, but then he bought them to boil down. Mr Wynn Williams put in the following notice, published by defendant. " Sheep Notice —To clients and intending purchasers. As on the 24th February last a number of sheep were sold at the Canterbury Sale-yards, supposed to be infected with scab, and as all sheep sold at the yards since that date (in number about 28,000) have been declared by the Chief Inspector to be under the Scab Act, and cannot be removed from where they are now depasturing, we deem it advisable to disarm suspicion, on the part of our clients, to state that the sheep purchased by us, at the said yards, were ought expressly for our Boiling Down Establishment, and not for re-sale. We further beg to state that neither our ram flock or any other sheep we have for sale have been in the public yards, or in contact with sheep from the said yards. And we are prepared to give a guarantee with any sheep we may let or sell, that they are not infected with any contagious disease. E. Mitchell & Co, stock agents, Christchurch." Mr Thomas said he did not intend to call any evidence, but would submit that under the "Interpretation clause" it must be proved that the sheep in the yards were actually suffering from scab, and not merely infected. He contended that Horniman's sheep were not suffering or infected with disease when passing through that yard. He would submit that there was no evidence to prove that. He would submit also that it was not proved that the sheep were in the same yard with Horniman's sheep. He would ask in a case like this that the law must be interpreted very strictly. Mr Wynn Williams replied, contending that it had proved that Horniman's sheep were infected when they were in the yards. As to the second objection, his learned friend seemed to have forgotten that the term yard meant the whole of the yards, not any particular pen. He would submit that it had been distinctly proved that Mr Horniman's sheep must have been infected with scab before the 24th of February. He would submit that a conviction must ensue. Mr Mellish said that whilst he was quite prepared to make every allowance in a criminal case, at the same time he could only admit of such doubt as would arise in the mind of any reasonable man. There could not be any shadow of doubt that Horniman's sheep were infected with scab at the time they were in the yards He|might also say, with reference to the other points, that the sheep being in one portion of the yard did not necessarily cause them to be infected sheep within the meaning of the Ordinance, for if that were carried out ad absurdum it might be said that sheep in the next pen to infected urged were not to be deemed infected. The Bench had no alternative as to penalty, and defendant would be fined £25. Mr Thomas applied for leave to appeal, on the ground that it had not been proved that the sheep were suffering or infected with disease on the 24th of February. Mr Mellish -That is a matter of evidence, not of law. 1 refuse leave to appeal. You can apply for a writ of prohibition if you like. Mr Thomas—Very well, your Worship. On the application of Mr Wynn Williams, the expenses of four witnesses were allowed. LYTTELTON. Monday, May 3. [Before W. Donald, Esq, R.M.] Drunkenness—Augustus Yelverton, an old offender, arrested by Constable McGorman, charged with this offence, was dismissed with a caution, upon rraking a promise to leave the province by the Otago.