CIRCUIT COURT—SITTINGS AT NISI PRIUS.

Press, Volume XV, Issue 1998, 10 September 1869, Page 2

CIRCUIT COURT—SITTINGS AT NISI PRIUS.

Thursday, September 9. [Before Mr Justice Qresaon.j The Court re-opened at ten o'clock. CUKNINGHAH AND INOTHEB V MACTiM*?* The trial was rammed with the couwoew o of the plaintiffs case. , Mr Garrick, with him Mr NottidgftW plaintiffs. Mr Wynn Williams for defiaw«£ A. H. Cunningham was recalled em at posed—That 10,102 sheep were,-ebora » 1867 after the scabbing and before t&e «¥ ping. The severe winter had occasioned ft «" of 1271 sheep. Did not consider scarcely » J appreciable loss to b© owing <to oeab f W" sheep wero shorn in November, iw** "Between'the shearing-of 1867 aad/tbat « 1868 the loss by ecabbing and uoaf, oafl was 2148. There was a considerable io» of lambs in 1867. In 1665, the |J was 5 per cent; in 1866,5 and *sth»; mV»'* the loss was 10 per cent. Cobm4«» f average loea in previous years tobeWß cent. This witness here gave evidence oi \ loss in wool by the ecabbing, ftt, *«* 9 weight and deterioration of quality. Cross-examined-The losa of I*"** *£ very considerable. Some of the Jambs J 5 * first dipping were not more than a **<*>* Z*o The second dipping was in January, . i*>* and a severe &ood commenced tm osfo * - the third dipping in February.

The increase of lamoe for * " .„ nrevious was 75 per cent*. The lose Fdwin Bumell, commiesion agent, exed by f ,tt^Be » deposed that the ft ")"i of fat sheep in September, October, and v ember 1867, would be 12a 6d each in the market here, taking the average weight, of I at 501b3. The value of etore cheep m rhrLtchorch at that time would be about $3 h Mixed flbeep would be worth about Cross-examined— The sheep would be worth 12* 6d with the wool on. HoraHo Frederick Palmer, a wool stapler of - hlcen rears' experience, examined by Mr SftHck "deposed that cheep having been fibbed' for two months, and dipped thrice ould hare their wool affected. It would be deteriorated in value to the extent of Id or i»d ncr lb Witness meant that if the cheep were dipped in the latter part of 1867 the wool of 1868 would be affected. George Barwell, a farmer near Loburn Nation, examined by Mr Nottidge, deposed that" in * he latter--part of 1867 he was engaged in shearing and packing wool for Mr Cunningham. Some of the fleeces were much broken, some were not. The cheep were not all branded with Mr Cunningham's brand There were several other brands belonging to neighbouring runs. Knew Mr Macfarlane'e brand There were come of his sheep amongst Cunningham's flock. A good many of Cunningham's sheep died after the dipping. Saw a good many lying dead on the run after the 'Ijohabaie deposed that he was employed by Cunningham to shear and dip in 1867. Siiw dead sheep lying about after the dip*WilHam Corboy deposed that he assisted in dipping Cunningham's sheep in 1867. Saw BeveraJ dead cheep lying about after the dipPl Jo'seph L. Patrick deposed that he saw a e reat number of dead sheep lying about the Loburn station about the shearing of 1867. Witness saw thirty lying dead in an unfenced paddock on his farm. . Charles Avery Cunningham was recalled, and examined by Mr Wynn Williams, eaid that amongst the flock in March, 1867, there were about 3000 full-mouthed sheep. Could not cay whether there were any broken mouthed. There might have been some broken mouthed. Some were full-mouthed, when in 1865 witness bought the flock.

This closed plaintiff's case. The following witnesses were examined on the part of defendant. P. B. Boulton deposed that on 15th May, 1867, a clean certificate was granted for the Okuku run. Had twenty-eight years' experience in sheep ; had been once on the Loburn run. It consisted of rugged country ; had seen some scrub on different parts of that run. Should cay that the injury to the next clip immediately after shearing would be very immaterial. If the sheep were dipped in November, January, and February it would not materially affect the next clip. Macfarlane had a clean certificate now.

Cross-examined —Had not been on the liOburn run for six years. Could not eaj whether there w"as any scrub on it in 1867 ; dipping in sulphur would affect the next years' clip, but the injury would be very slight. Did not know of his own knowledge whether there was any sheep on the Okuku run in 1867.

H. B. Scarvell deposed that he inspected theOkuktt run in the early part 0f1867. The sheep were clean, and a clean certificate was granted j believed they had been scabby some months before that. Had not been on the Ofeuku run since 1868. There was a little scrub on it, and the country being broken rendered it difficult to muater. A portion of the loburn run was also broken country, which would also render it difficult to muster. In rough broken country, in consequence of the difficulty in mustering, it has repeatedly happened that, scab has broken out immediately after the issue of a clean certificate; that was through there not being a clean muster. The sheep which were mustered for inspection were wethers j there would be less difficulty in mustering them than in mustering ewes.

Cross-examined by Mr Garrick —Knew as a jaot that there was no flock on the Okuku for a, time after the flock which witness inspected had been taken away. William Haine, a woobtapler at Kaiapoi, deposed that dipping sheep in December, Januwy, and February would not cauee a break in the next clip; it would affect the color to a certain extent, but did not think it would affect the staple. Dipping them would depreciate the price at least Id per lb. Thomas Hancock deposed that he had experience in cheep-farming in England. Had never dipped any sheep for scab, but for other parpoees. Scab was not a very usual disease where he came from. Had usually dipped for tick with a solution of arsenic and eoap, Never had used tobacco and sulphur for dipping. William Boss deposed that at present he was manager for Mr Ellis. In 1867 was on the Wharfdeie station adjoining the Okuku. Knew O'Halloran and Mr Charles Cunningham, and had seen them on the Okuku ia the Wring of 1867. The Okuku run was rough, out not very difficult to make a clean muster On. There were scabby sheep on the run when Mr Scarvell was inspecting them. Saw a ecabby sheep there in the spring before it was tied. It was shown to witness. It was caught oat of the mob. Did not know whether any sheep had been killed on the station before that.

Cross-examined—There was no flock of •neep on the Okuku run from the latter part 0* 1866 until the plaintiffs' put their sheep there.

—There might have been ekagglers left on the run. B y Mr Garrick—The Okuku run was re-Peaj-edly scoured for stragglers. This closed defendant's case. Mr Wynn Williams on the part of the Gefendaat summed up the evidence. Mr Garrick replied on the whole case. Hie Honor having summed up, The jury retired, and on their return into Court found for the plaintiffs with £272 5b damages, and one farthing special damages. The Court adjourned to ten o'clock this doming.