CURSE ON A FARM

Dominion, Volume 29, Issue 202, 23 May 1936, Page 22

CURSE ON A FARM

Cattle Die Mysteriously

Suggestions that a bewildering series of cattle deaths involving thousands of pounds loss were due to a “curse” on a farm were put forward in a remarkable action decided at Lewes Assizes recently. The belief in a “blight’.was finally rejected by a jury, and the action, which was brought by Mr. Albert Winter, dairy-farmer, of Eastbourne, against Mr. Ilarrie Stacey, landowner, of Place Farm, Firle, then failed. Mr. Winter claimed damages for fraudulent misrepresentation in the letting of Claverham Farm, in the parishes of Arlington and Selmeston. There was a further alternative of a claim for damages for “nuisance by noxious vegetation in and upon the said farm.” Mr. Stacey, who was described as one of the best-known farmers in Sussex, denied there was any misrepresentation, and further, pleaded the Statute of Limitations. According to Mr. J. D. Cassels, K.C., for Mr. Winter, the latter was tenant of Claverham Farm, which Mr. Stacey owned, from 191 S until 1932, and suffered terrible misfortunes. His cattle and his horses died in enormous numbers. It seemed as. if there was almost a blight or curse upon his farm. Even cats and dogs fell dead upon the farm. Mr. Winter paid fees to veterinary surgeons—several of them—and still the hand of death seemed to remain upon his animals. Finally, declared counsel, he left the farm in 1932 an absolutely ruined man. He estimated his losses had been in the neighbourhood of £9OOO. . “Cattle used to lie about the fields as if under the influence of a kind of dope,” said Mr. Cassels. “The curious thing was that they died suddenly. There was one instance of a cow suckling a calf when she fell dead, crushing the calf to death. Altogether, Mr. Winter lost 265 animals in 14 years.” Dealing with the history of the farm, Mr. Cassels added that witnesses would say there was an outbreak of anthrax in 1892. Animals were then buried where they fell, and one man who cut his hand when dealing with these animals also died.

Giving evidence, Mr. Winter stated that cattle might be walking, grazing, or in their stalls when taken ill. "They would fall dead,” he said, "just as if they had been shot.” Had he known there had ever been anthrax on the farm he would not have taken it. He did not agree with the report of the Ministry of Agriculture that the death of his cattle was due to tuberculosis

ami poisoning from water dropwort (a weed.). George William McArthur, veterinary surgeon, of Seaforth, was asked oy Mr. Cassels: “If animals dying from anthrax should be buried on a farm without being burned is there likely to be a serious result in years to come?” “Yes, certainly,” he replied, “it wouid be a permanent legacy on the place."

How many years afterward would there be consequences?—“For no limited time. You might not have any disease for years; then one or two might die; then comes a time when half the herd dies.” Mr. Arthur added that ou his first visit to the farm he saw two dead cows.

“I smelt them, and once you have smelt anthrax you never forget it,” he said. “I think most of these animals which died suddenly were killed by anthrax.”

Ilarrie Stacey, the defendant, gave evidence that during recent years ne had been farming between 3000 and 4000 acres. There had never been any allegations of any kind against his character. He bought the farm in 1912 for £5750 for one of his sons. He then knew there had been an outbreak of anthrax in 1892, but he thought after that lapse of time it was safe. He did not regard Claverham as a dangerous farm, and he did not conceal anything from anybody. When, in 1927, he heard that Mr. Winter was losing his cattle he offered to accept half rent if he would pay his arrears, but Mr. Winter did not pay. Mr. Cassels: You were amazed at the enormous number of deaths occurring on the farm?—"Yes." What was your suggestion; bad farming?—“A good deal of it was neglect.”

Mr. Justice Finlay, in summing up, said it was remarkable that in the statement of claim there was no reference to anthrax. Undoubtedly Mr. Stacey knew about the disastrous outbreak in 1892, but it was very far from proof of fraudulent misrepresentation to state that Mr. Winter had suffered most unfortunate, and to some extent unexplained losses. Until a very late stage nothing had been said about anthrax.

The jury, after ten minutes’ retirement, returned a verdict for Mr. Stacey. Mr. J. Flowers, K.C., defending, said he was instructed not to ask for costs.

Giving judgment for Mr. Stacey, Mr Justice Finlay remarked that everyone would feel sorry for Mr. Winter. He was a poor man, and counsel who represented him had rendered a public service. It was eminently a case which it was desirable should be investigated.