TO-DAY'S PROCEEDINGS.

Evening Post, Volume LXXIX, Issue 64, 17 March 1910, Page 7

TO-DAY'S PROCEEDINGS.

This morning the jury visited Newi town Park. On resuming, Sir. Sharp called Professor H. B. Kirk, Professor of Biology, Victoria College, who stated that he performed an autopsy on the Ro£ea hind. The animal was in good condition, and was well nourished. Mr. Wilford objected to the evidence. There was, he urged, no evidence u$ the newspaper article that the hind w-a* starved. The extract particularly rev lerred to the Russa stag. Mr. Ostler pointed out that the pas-. gage referred to the hind. After argil* ment between the court and counsel, thti ) Chief Justice concurred with Mr. Ostler,' that, considered grammatically, the words "when the animal died" appeared to refer to the hind. He would not rule out the evidence. Continuing, witness said that the animal had certainly not been starved. Am general debility usually accompanied ricketts, it was probable that the lion-i ess (before mentioned) would not have been .suit-able for breeding purposes. A question from Mr. Wiliord as to witness's opinion of Bertling as a zoologist, evoked comment from the court that it did not require a zoologist to feed animals. "Feeding animals does not any more make a man a zoologist," said the Chief Justice, •'than feeding * . horse makes a man a veterinary sur-t geon. Albert Truelove deposed he was th« proprietor of a zoo at Ngaire, Taranaki. He had shot through Portuguese Ea,=£ Africa, but had no experience of earnivora. The mortality at Ngaire wai fairly large. He thought Bertling had made decided improvement in the Wellington Zoo, and at present it was in a good condition. Animals received at Ngaire from the local zoo were in excellent condition. John Longridge, keeper at the- Newtown Zoo, also gave evidence. Th« testimony* of Professor Anderson Stuart, Albert Sherbourne Le Souef , and Charle* Herbert Butterfield (Sydney), taken on commission, was also read. This concluded the case for the plaintiff. EVIDENCE FOR THE DEFENCE. Mr. Wilford called as the first witness . for the defence. Thomas Wm. Arthur, who deposed to having had fifteen years' experience as keeper and collector of wild animals. He had testimonials from Rothschild, both personal and from the New York Zoo. He knew all the big animal gardens of the world, and was beadkeeper of the carnivore at the Blackpool (England) Menagerie. Witness was on of the three candidates who were sorted out of 174 for position of superintendent of the Wellington Zoo. Bertling admitted to witness that his application was not in in time. He boasted that the other fellow* had had to send in their testimonials, while he sent but a sixpenny telegram. His Honour objected to Mr. Wilford'i questioning. He should bring the town clerk for proof. Counsel : I intend to do bo, your Honour. His Honour considered it waste of time. Finally, counsel resumed. Witness stated that Bertling admitted that Mr. Donne was a friend of his in this matter. Witness went on to state that while lying ill, m Newtown, a reporter showed him the articles before they had been published. He amended and corrected some statement which made the articles true in substance. His Honour Mr. Wilford, this ig mere waste o ftime. On Mr. Ostler's obectinc, the Chief « Justice said that he would give leaves

to the other side to A -ecal*»Bertling on this matter. Mr. AViKord : We have to plead justification. ► His Honour: But if a reporter publishes a libel, it is not Justification to say that a man told it him. - Mr. Wilford : We have pleaded fair comment. His Honour, after further discussion on the point, allowed the examination to proceed. - Witness said that a leopard was lost to the Zoo through the lioness being sent back to Wirth's. Bertling saw the lioness about three hoars after it had arrived ; she was a little jagged through being shut up in a box. Witness was extremely well acquainted with lions. At Wirth's circus the lioness could and did run about. In answer to a further question, witness stated that Bertling told him three hours before the lioness arrived that Ije did not intend to take the animal, even if it were sent up. Ho refused the , animal before he had seen it. When the animal arrived Bertling, according to witness, said she was paralysed. He only took a peep at her in the box. As a matter of fact the lioness was only Sledding her coati and cutting her teeth. Bea-tling ordered witness : '■Take her back at once." Counsel : Would you say that, owin" to Bertling's ignorance, a lionrss and a leopard had been lost to Wellington? —Witness : Yes, decidedly so. Bertling had admitted that he knew nothing of the bite animals. Dealing with the alleged libel in the second article, which leferred to "the g. oss incompetence of this autocratic biped," and related to the death of the Rusro deer, witness stated that a Russa. stag died after getting out. It was exhausted from want of food. The male emu killed the smaller emu when it was put into the latter's cage. The peacock, while liKHiitiug, was fed on hard food, instead of soft ; in consequence of which the bird died. In a discussion on iguanas:, witness denied that there were iguanas in the local zoo — they were no relation to th«> lace monitors. "I've got a lot of iguanas running about my yard at Gatton," he said. "There are no monitor* in Australia," Witness, when shown plates from a book on zoology, declared that there were such things in the Newtown Zoo. Mr. Sharp suggested that the jury should be taken to see the animals "in the Zoo, or that the alleged -iguanas should be brought to the court. Witness proceeded to tell about thetreatment of the iguanas when they were, artificially fed. Their mouths were in a shocking state. The adjournment was taken at this Stage. Mr. Wilford was granted permission to call Rev. D. C. Bates, Government Meteorologist, and also a Fellow of the Geographical Society. Witness stated that he founded the .Wellington Zoo, and was its first subscriber. He bad always taken an interest in the Newiown Park animals. Is the .general state of tbe zoo to-day bo-tter than it was, or worse T — Witness : It, has ebbed and flowed. It its at high water mark now. The improvement has been most pronounced during the last three months. In reply to the Chief Justice, witness said he -had littie to do with Bertling for the past twelve months. His Honour : Was that because you quarrefled ? Witness : I did not quarrel with him. Bertling's insulting behaviour towards me His Honour : Oh, never mind that. .Witness proceeded to relate the story concerning the lioness. It was a valuable animal. It was sent up to the Paife per express aad left with. Arthur. The. next morning witness saw the animal at Wirth's. The lioness jumped out of the box, rau around the place. The animal possessed considerable activity. Cottusel : .Was it suffering from anything? Witness : It was in poor condition ; it was just getting its second coat. Wai- it paralysed? — No. Did you ever hear anyone say it was ? — Yes. Bertling. In conversation with \vifcatss, the town clerk, and others plaintiff said that the animal was paralysed and useless, and Ihat Wirth was trying to "take the sooiety down." Wirth offered the animal on terms : either'that he should receive two cubs or be paid £25 for it. Bertling declared that he would not take the lioness as a gift. Counsel : Did Bertling ever tell you anything as to how he got the position at Newtown Park? Witness : Bertling stated he had no idifficulty whatever in getting the appointment. He had (he said) evidently made a good impression when he brought out the chamois. All he had to do was to send a telegram. Continuing, witness averred that, before differences arose, he always had j stock np for Bertling. j In witness's opinion, the Australian iguana was not a monitor, but it belonged to the tribe. To call it such was a wrong application- . The iguanas arrived at the Zoo in splendid condition, ] bat they quickly fell away. Connsel : Did you ever make any complaint to Bertliug? — No. His Honour : When you saw things not all they should be, did you not notify the superintendent ? — Yes, at times. I mentioned the iguanas were not doing well. I also complained about the eagles. His Honour : But sureiy it was your duty, as secretary, to make complaints — to show him his responsibility? Witness : Bertling was a man who woukl nob take, heed of any advice. ,When advice was offered, Bertling would reply in an off-hand way. Witness went on. to tell how he had \varned the superintendent that the dingo was in danger of getting loose. Su-ve enough it did, and witness borrowed a rifle and shot the animal one night just at dusk.' He considered this was the best plan, as it would be a serious thing to allow the dingo to ram wild. Counsel : Was a leopard ever offered to tie Zoo?— No, not absolutely. It was to be on loan. They did not get it, as Wirth said that, after the lioness was returned, he would not trust a dog at the Zoo. (Left Sitting.)

A poll of Foxton ratepayers is to betaken to-morrow on a proposal to raise » loan of . £20,000 for water and draiuagc To-morrow a poll of the electors of North-east Valley will be taken on the question of amalgamation with the aity of Dunedin. The local Star summarises as follows tbe advantages to be gained by the suburb from throwing in its lot witb its larger neighbour : — Efficient water Mipply for the whole of the residential aiea, as agai.ist pait thereof; a drainage .-chfime, which must necessarily follow the inauguration of an efficient watei aiipp]\ * health and sanitation im S roved by having efficient water and rainage systems installed ; the of an efficient fire brigade ; decrease in the expenses of civic management ; right of use of the Public Library and the : city's reserves ; better lighting of the- 1 streets; light to demand gas reticula- I tion where necessary ; improvement in j the tramway service ; more favourable terms should loans be required; and •ther benefits Mr. Job Osborne, the well-sinker and mineral proprietor, has just sunk a well close to Timarn, s>ays the- Herald, which produces 60,000 gallons J&iy,