RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 292, 4 July 1857, Page 2

RESIDENT MAGISTRATE'S COURT.

DuNEDru, July 1, 1857. The Resident Magistrate held a Court underijthe Resident Magistrate's Extension of Jurisdiction Act. This being the first occasion in which a Jury had been summoned, .the Court was fully attended. Reardon v. Burns. . This was a claim for £31 14s, the balance of an account for work and labour done. " A set-off was put in, which reduced the claim to £13 155., which was paid into Court. Judgment for the latter sum ; plaintiff to pay costs. I No Jury in this case. Barr v. Millar. This was a case in which the plaintiff Mr. John Barr, of South Craigielee, a stockowner, sought to recover from the defendant Walter Millar, a shepherd and run holder, the sura of £100, damage sustained by the plaintiff in consequence of the alleged mismanagement by the defendant of a flock of sheep entrusted to his care on thirds by the plaintiff. The particulars of demand were for a higher sum, which was reduced, to bring it within the jurisdiction of the Court. The defendant pleaded not indebted. The case excited a great amount of interest from its settling, to some extent, the usage in such matters. There were many witnesses examined, and the Court was crowded during the two days which the case occupied.

The case having been called on, Mr. Gillies appeared for the plaintiff, and Mr. Johnston for the defendant. The Jury of twelve were reduced to four by the challenges of either party.

The Jury having taken their seats, the Resident Magistrate explained in a few words the nature of the duty they were called upon to discharge.

Mr. Gillies opened the case. The plaintiff had, in 1853, placed with the defendant, who was a shepherd, 185 sheep upon thirds, in terms of an agreement which was produced in Court. Under that agreement Mr. Millar was to have charge of the sheep for five years, and to receive one- third of the increase and one-thivd of the wool. Mr.' Barr was to pay 20s. per 100 for i shearing his portion of the flock, Millar being bound to provide all requisite medicine for dressing, &c, and to bear the expenses of the station ; to render accounts annually, and to make a return within a i given time, showing the number and manner of deaths which might occur. There were minor points in the agreement not materially affecting the matter at issue. Mr. Gillies would prove to the Jury that Millar had not fulfilled the terms of his agreement, and the plaintiff therefore sought to recover the damages as set forth in the particulars of demand. There had been gross negligence on the part of the defendant in the management of the flock, so that there had been a very deficient increase in the flock, and a very large number of deaths, amounting in one instance to one-fourth of the whole flock. There was no statement of how the sheep were missing, and no evidence of the alleged deaths, which were said to be from scab or •old age. In one return, 28 deaths were stated to have occurred from fire, and yet no intimation had been given to the plaintiff for six months, and then one month after the period at which defendant was bound to make his annual return. It would be proved in evidence that the fire had been kindled by the defendant, and yet he had given no notice to the plaintiff of the destruction of his sheep for many months after. The defendant had further sold 14 vrethers to the butcher, without the plaintiff's authority. He (Mr. Gillies) would prove that there had been general mismanagement. For two years there had been only 50 per cent increase, which was much below the ordinary average, and would not have occurred if the shepherd had done his duty. In four years the 185 sheep left with the defendant had only increased to 265, after selling 50

The agreement was put in, and the attesting witnesses called to prove its execution by the parties.

William Jaffray, Saddle Hill, shepherd — I remember Barr purchasing some sheep from the Saddle sHill station. 100 ewes were purchased in JjMEay, and delivered in February, 1852; I delivered them. There were 100 ewes, 89 lambs, (their produce) and 2 pet ewes, making 190 head. The sheep were healthy. They were drafted from a mixed flock of old and young. The stock yielded to Mr. Anderson 90 per cent for six years. They were 'clean. Millar kept the sheep at Waih ola. A boy named White looked after them. The place was a proper place. The boy might do well enough to look after the sheep. He might do well enough under a superintendent. I .would not leave sheep for so long a time under the charge of such a boy. Sheep were

worth 395. per head at that time... I consider that the sheep ought to have increased at the rate of 80 per cent, and have yielded wool at the rate of 2£ lbs. for ewes, and 4 or 5 for dry Rheep. I have had experience in scab. I never had a death from it, and a death from such a cause would be a disgrace to the man in charge of the sheep. A fair average of deaths from disease or old age is 2 £ per cent. Four per cent is a high average ; 22 -per cent is ridiculous. I always report to my employer every death which occurs. A large loss ought to be reported immediately. Fifty per cent is a very low average; much depends upon the nature of the run, but I consider 80 per cent a low average. If an accident by fire occurred, I should give immediate information. • Mil-lar's-run is a fine one. Millar had about 50 or 60 sheep of his own when he took Barr's away from Saddle Hill. Cross-examined — I will not swear that the boy White alone had charge of the sheep. I was informed by Millar that the boy was looking after them. I was never at the Waihola during the time the sheep' were there. I know Robert Dowie, who was shepherd with Mr. Kettle. Dowie knew nothing about sheep till I gave him instructions. I will not swear that Millar did not visit the sheep and give the boy instructions every day. I do not believe that many flocks in the Province yield only 50 per cent. I have had no communication with Barr or his Solicitor on the matter ; I have not seen Barr for years. It is the duty of a shepherd to hold a " post mortem examination on every dead sheep." There may be many deaths from unknown causes. I don't believe in acclimatised sheep dying from tutu. Sheep may in this country be nine or ten years old before they become broken mouthed — there is j nothing to break them. They may be broken at five. Five years is the prime age of a sheep.

Hugh Craigie was examined, but evidently was unacquainted with the case.

James Maitland, stockowner — I have a station in the neighbourhood of Millar's run. I have had 73 per cent, this last year. I should not think my shepherd had looked after my sheep if I had not more than 50 per cent., unless something extraordinary had occurred. I know of no death from scab. Two and a half or three per cent, is in my opinion a fair average of deaths. I think that in case of a considerable number of deaths from any cause, notice to the owner ought to be given.

Cross-examined — I have been four years in this Settlement. I have seen many thousands of sheep. I never shepherded at home. I can tell the age of sheep until full-mouthed. I have been in the habit of working my own sheep, and I have shepherded since November. They have been scabby for two years ; I will not swear within six months to the time they were cured. They have been scattered, we supposed by dogs. It is impossible to prevent one or two sheep wandering. A shepherd ought to see his sheep every day, and he did not do his duty if he did not. We had a winter lambing, and it yielded 60 per cent ; I consider that a low average. I don't know if Mr. Ferguson had a less per centage.

Francis Scott Pillans — I am a flockowner ; my run borders on the run of Walter Millar. Millar's sheep have been on my run several times. I suppose if they had been properly looked after, they would not have been there ; a few sheep belonging to defendant have been with mine for more than a year ; once or twice he had noticed there was a delay in taking away the sheep. I should not consider that the shepherd was managing my sheep properly if they had strayed so often. This last season I calculate my increase at 80 per cent ; the year before it was 60 ; it was a low average for sound sheep ; mine were not sound. I think that even a scabby flock, with proper management, would produce more than 50 per cent. I know Millar's tar mark.

Cross-examined — I understand that Barr has sheep ; I should not know them. I.cannot swear that any of the stray sheep belonged to Ban*. I only know one occasion on which Millar's sheep came on to my run. In one place there is no natural boundary between us. I recollect 48 or more stray sheep having been reported to Millar, and he came down. Some of his sheep were shorn at Anderson's station. Copeland or M'Niel I think was my shepherd at that time. I have always been satisfied with my shepherds. I have found no difficulty in finding competent persons to take care of my sheep. Matthew Marshall — I am shepherd to Mr. Pillans, and have been with him since May. I was at Anderson's station previously. Anderson's and Millar's runs are near each other, I cannot say if they join. Millar's sheep have never joined my floek — never since I was there. By the ear mark which I got, there were some of Barr's sheep amongst Pillans' flock ; they had been there since January.

Cross-examined — Barr's mark is a back bit and a fore bit. When Millar came for the sheep, if a previous appointment had not been, made, he might have gone away without them. I recollect some of Millar's sheep being shorn at Anderson's station, I drove back those sheep, and received a receipt. It is not likely that Millar's sheep would have come on to our run if they had, been well looked after. JamesMurison — I shepherd Maitland'ssheep. Maitland's and Millar's runs join. I have been at the station 18 months. On two occasions some of Millar's sheep joined our floek — the first time they were two months on the run ; there were about 35 sheep. On the second occasion, they were there only two or three days. It was a question whether Maitland was bound to deliver the sheep or Millar to come for them — that was the reason they

were there so long. I think if the sheep had been properly looked after, they would not have been there. ,$ Cross-examined — The sheep* joined Maitland's flock at a portion of the run where there is no natural boundary. William Dawson — I am Mr. Anderson's shepherd. The deaths in my flock were never above five per cent. I never had below 88 per cent increase ; my flock was at one time very scabby. I should consider there was gross mismanagement if the deaths were as high as -22 per cent. I should give immediate information to my master if a fire took place and destroyed many sheep. If the sheep I had were on thirds I should report the accident to the proprietor. If deaths to the extent of 22 per cent -took place, I should not think the shepherd did his duty unless he reported it immediately. Cross-examined — I do not know whether the boundaries of the run have been surveyed. Between Millar's and Anderson's runs, there is a natural boundary. Millar told me that Barr's ear mark was a back bit and .a fore bit. I was present when some sheep found on the run were driven to Anderson's station. I took the sheep ; they were shorn and dressed at Anderson's, and information was sent to Millar. Millar left his home at midnight, and I believe met the messenger on the hills. I went and shewed him the sheep. Millar claimed them ; he examined them in the pen. I gave them up to him because he said they were his.

John Dalziel — I am a shepherd. I was with Mr. Pillans till lately. I have frequently seen Millar's sheep on Mr. Pillans' run; if they were properly looked after, they would not remain on the run as long and as often as they have done. Some of the sheep were six weeks on the run without being looked after or taken away. Millar's sheep were frequently some time there ; mine never so went astray. I had scab in the flock. Four or five per cent is a fair average of deaths. I consider 80 per cent of increase a low average. Cross-examined — I met Millar looking for sheep. I supposed him to be looking for the ones I had seen three months before. They were not the sheep I have mentioned as being on my run, because there were no marks upon those sheep such as he mentioned. I cannot say whether I am as competent as a man who has been shepherding for 20 years, that would depend on the man's capacity. Andrew M'Niel — I was shepherd for Mr. Pillans for one year, and left him about four months since. Some of Millar's sheep were on our run ; the same sheep were several times on the run. I saw them on the 18th February, 1856, on the 24th February, and on the 26th February. I afterwards saw them at Mr. Maitland's station. Four sheep of Millar's were with Pillans' sheep ; there was one sheep said to belong to Barr ; it had a fore and* back bit ; I cannot say in which ear. I think if Millar's sheep had been properly looked after they would not have been there. Two and half per cent was the average of deaths whilst I was with Mr. Pillans; my sheep were scabby, but we had 104 per cent increase. I think between 80 and 90 a fair average. Cross-examined — A few of Pillans' and Maitland's sheep which were found with Millar's had been astray for a long time. Mr. Pillans was present at the time the 48 sheep were driven down to Anderson's station.

Mr. Johnson drew the attention of the jury to the discrepancy in Mr. Pillan's evidence. James Healey, shepherd — I was engaged by Millar on the 2nd of April for a fortnight, and turned over to Mr. Cargill to shepherd his lambs. I was twelve months with Cargill. I attended to his sheep under the charge of Millar. A little boy, Robert Falconer, was attending Millar's flock. Millar's flock was scabby at that time. He was frequently down at Cargill's sheep. I don't know whether he could look after his own ; it took me all my time to look after my lambs. I do not know the reason of the defendant's not being able to keep his sheep separate from mine, but the fact of there being no shepherd. One-third of my run I was not allowed to put my sheep on, because of the near approach of his sheep. There was an angry feeling existing between me and Millar. Millar was my master. I have spoken to Cargill, who said he had nothing to do with the sheep. Millar's sheep were scabby, and Cargill's were clean. Mr. Cargill paid my wages. I never reported to Cargill Millar's encroachment for eight or ten months. I cannot say that Millar did not attend to his own flock during that time. The boy might be 12 or 13 years old. James Frederick Healey— l was shepherding with Millar. I' went there on the 7th June 1855. Millar at that time had a boy 12 or 13 years of age attending his sheep. He counted over the flock to me. I asked for the ear-marks ; he said there was a number of private marks. I could not tell if a sheep died, who it belonged to. The flock was 769 mixed ewes, lambs, and wethers. There were some rams or ram stags. He had a flock of wethers. I sometimes went to the wethers and turned them when they went wrong. The boy occasionally visited them, but | Millar seldom visited the flock. It might have been possible to have attended the sheep if I had been allowed. I attended regularly for some time, but afterwards I was employed otherwise. The sheep were so much scattered that often I could not tell how many sheep I had. I looked over about 181 old ewes; there were 76 lambs to that flock. I cannot say whether all Barr's sheep were branded ; all the young stock were branded, at least all the sheep that were in.

Cross-examined — I have been 3 years shepherding. lam shepherd at Mr. Filleul's.- He gave me all theear-marks of all the sheep. I

can tell to whom the sheep on thirds belong. Millar might have gone up to see the sheep on Sunday. I will swear that he could not have visited the flock twice a week. I have been five days away from the flock, upon one occasion, (I do not recollect the time); I was employed otherwise than in looking after the sheep; it was in the.spriug time; I was planting potatoes for Millar.

Donald Sutherland — I went into -Millar's service on the 6th April last, and am still there ; there is no other shepherd. Has only oneflock; cannot say how many;' he gave me^no * marks. I could not swear to his sheep but by the tar-brand ; they were not counted to me. That is not a proper way to deliver sheep; they.' usually are counted. He attends the sheep with me sometimes. About a week after I went there he was to have counted the sheep to \ me, but did not do it. Cannot say how many sheep there are there, I am too far off the sheep. Ido not think them properly shepherded. He went out one day; he said be was going to count them to me, but did not; he went one way and I went another. I have never had the ear-marks delivered to me of a mixed flock. I don't know Barr's sheep. Cross-examined — I was a shepherd 8 years before I came to New Zealand, and 4 years since. If the sheep were within bounds, I could attend to them.

George Cameron — I was bred a shepherd. I was shepherding for Mr. Cargill in the neighbourhood of Millar's run for about 12 months. I do not think Millar's sheep were managed properly. They were not properly looked after on my side. Millar's run is a fair average run for that neighbourhood ; 5 per cent ought to cover deaths from scab. I would not allow more.

Cross-examined — I have used corrosive sublimate. I was with Mr. Popplewell for 6 months; cannot say what per centage of deaths occurred in that flock. There were 500 sheep in the flock, part of which was burnt. I think it quite impossible to save sheep were a fire to occur on some parts of Millar's run with the sheep on it. I was with Mr. Shand for 15> months; his flock shews 2 per cent, average for deaths. One flock of Shand's yielded 40 per cent of increase, and one flock less; the cause of that was mismanagement. Mr. Popplewell gave me the private ear-marks of the various* proprietors of sheep on thirds.

George Perkins — I was working with Millar last October; recollect a fire that took place in October. It burnt some sheep. I saw the fire lighted. I lighted the fire by Millar's orders to singe some pigs. We carried the pigs about a mile and a half and came to more pigs. We lit another another fire to cook our dinners, and Millar went back for other pigs. Falkner allowed the second fire to go up the hill. I warned Millar that the fire would go over the hill, He said the pig-rootings would stop it. We carried the pigs to another lot. I managed the fire. The second fire was lit by Millar's orders ; he took all the pigs home but three. The first fire was lit about nine o'clock in the morning, and the second about one or two in the afternoon. The first fire" was burning all the time. It was Jate in the afternoon when Millar went home. When I reached Millar's house, he was gone out to look after the sheep ; he returned about nine o'clock on Sunday (the next morning). He said 50 or 60 of ttiesheep were burnt. I sawfour dead and three live ones in the dray, and I saw fifty or upwards burnt, but they were alive. We dressed three and ate part of the mutton. I do not know how many of them lived. I went with Millar to take the fat out of about 20. Cross-examined — I went to Millar on the Ist April, 1856, and remained six months. My second engagement was on the 25th October following. The fire took place on the 11th October. I was not in Millar's permanent employment then. John W. Lang — I was for nearly two years in Mr. Cargill's employ. In December last I was instructed to deliver some wethers to Pollock ; part of them belonged to Millar and part to Cargill. Millar did not say that the wethers which he delivered belonged to him. Cargill's increase was fifty per cent. I saw many sheep at Millar's station lying dead from being dressed for scab. Millar had charge of.Cargills sheep at that time. It was bad weather, and some sheep were in sheds to defend them from the weather.

By the Jury — The shed was partly open and partly closed. James Loper — I purchased some sheep from Mr. Cargill; 40 of Millar's sheep were delivered with them. I was never told that they belonged to Mr. Barr. I believe the price was 21s. per head. Cross-examined — I will not swear that it was more than 20s.

John Duncan — I arranged with Mr. Jones for some wethers of John Cargill's. I went to Mr. Cargill, but the sheep I agreed to buy were not there. I agreed to take SO. They were delivered to Pollock at the ferry ; part of them were Millar's ; 20s. per head were paid for Millar's sheep. > Ewan Cameron — I am a shepherd in the employ of Smith and Allan. Millar's run is a fair average one — as good as Smith and Allan's. The heaviest per centage of deaths that ever I had was four or five. Our average increase was from 60 to 100 per cent. I think 60 per cent low.

Cross-examined — Smith and Allan have sheep on thirds. There has. been a considerable difference in the average increase between the flock on thirds and their own. The increase of Mr. Cargill's sheepj when I was in his service, was 80 per cent. John Anderson, Blueskin — I have ,been a shepherd since I was twelve years of age. I

have been nine' years in the colony, and have always been amongst sheep. I have had sheep oh- thirds. I consider it necessary that the shepherd having charge of sheep should know the different marks of all sheep. It has always been my practice. I give the shepherd the number as well as the mark of each flock. I think I could guarantee 100 per cent for five years. The new-landed sheep yielded to me 40 per cent. From what 1 know of the Saddle Hill stock, I -think five per cent for deaths an overcharge. I have never-lambed a scabby flods, and cannot speak as to what the increase ought to be. Mr. Johnston objected to proceed further .with the case at so late an hour, and stated his inability to do justice to his client, were he compelled to proceed. [ The Court ruled that the case should be -proceeded with. Mr. Johnston in opening the case for the .defendant regretted being under the necessity of proceeding at that late hour. He, however, trusted that the jury would excuse his not being able to lay the matter so clearly before them as he wished to do, but he had been retained so late in the cause, that he scarcely knew anything of the case until he heard it in Court. He had no hesitation in saying that # a more monstrous charge than that contained in the particulars of demand was never submitted for the consideration of a jury. The accounts were of the nature of a joke ; they were more suited to the pages of a novel, than the stern reality of business ; they had no existence except in the fruitful imagination of his learned brother. Mr. Gillies complained of the returns made by Millar because there were eight deaths set down to natural causes, and three out of six missing having afterwards turned up, his learned friend assumed that the others must be alive, and made a charge for the supposed wool and increase they would have produced. Then there was a charge for twenty-three sheep which had been burned. He was utterly unable to understand his opponent's argument; he complained that the cause of death was not stated, although they had been returned as burnt. Then he complained of 14 wethers having been sold to the butcher. He would call evidence to prove j that instructions had been given to Millar to sell the wethers as soon as they were fit for the ; market. He believed he should be able to prove that the average allowed to the Plaintiff for increase had been 70 per cent, which was above the average that could be safely calculated upon. The sheep then became scabby, and under those circumstances 70 per cent could not be expected. He believed he should also be able to prove that the average of deaths are much greater in a scabby flock than in a clean one — that sheep do die from seab — that corrosive sublimate was used upon the recommendation of the highest authority. He should call stockowners whose operations were of a greater extent than those of the witnesses who had already been'examined. Had the Plaintiff taken the trouble to visit the station — had he taken due care to see that Millar was managing his sheep properly, the case would never have been brought into Court. He would call evidence to prove that Millar had used every exertion to procure proper medicines for dressing the sheep — that at that time there was not a single pound of the necessary material to be bought in Dunedin. Millar, after great exertion, had procured some spirits of tar and tobacco from a private source, although he was not bound to do so by his agreement. Had he not thus exerted himself the mortality in the flock might have been much greater than it had been. Mr. Johnston stated from his own experience that he had had 50 sheep on terms with one of the most respectable gentlemen in the country; he was offered £105 for them, but refused it. After keeping them for 3 years, he had sold them for the same amount as had been previously offered.

Mr. Gillies having expressed his opinion that his learned friend was addressing the jury rather prematurely, Mr. Johnston was about to call a witness, when' the Resident Magistrate eaid, that if Mr. Johnston's state of health was such as to render him unable to proceed with the case, he would adjourn the Court until 11 o'clock on the following day. The court was accordingly adjourned to meet at 11 o'clock the next day.

Thursday, July 2.

The Court having met. Mr. Johnston resumed the defendant's case, and proceeded to call •witnesses.

Mr. Gillies objected to Mr. Cargill being called as a witness, as being interested in the result. The Court, however, overruled the objection.

John Cargill — I am a flockowner, and have been so for 7 years. I have known Millar since 1851. I have always found him strictly honest, and thoroughly competent to perform his duties, and a hard working man. I recollect Millar putting his sheep on his run in 1853. Wild dogs were very destructive at that time, and previously. I lost 72 lambs and 8 ewes in one night. Previous to Millar's arrival I had lost 300 old sheep, exclusive of lambs. From the time of Millar's arrival the wild dogs speedily decreased. I had previously got them -under, and I was much indebted to Millar's assistance. . The first year I was in the Tokomairiro I had not more than 65 per cent of increase. ,In January 1855 Millar go t/rom me a quantity of tobacco and spirits of tar. I was not present at the dressing. I had a stock at that time. Dressing was not to be procured in Dunedih at that time, or for six months afterwards. I gave Millar all I had ; he requested me to procure a large supply of dress-

ing material as soon as it could be procured. The disease was got under in the summer of 1855-56. My sheep got a clean dressing in 1856. My increase, was 46 or 47 per cent in that season ; my loss in the ewe flock of 980 was 89. That principally arose from a strong dressing I used to cure the scab. The loss took place 6 weeks after the dressing was administered. I had 52| per cent increase in the following season after the flock were cleaned. In March 1855 I engaged Millar as general superintendent of my sheep. I am perfectly satisfied with his care and treatment of my sheep since that time. The first year I got 65, the second, 79, the third, under very favourable circumstances, with two good shepherds, I got 75 per cent. This was previous to the time Millar got charge of the sheep. I know Robert Sidey, and I considered him careless and incompetent, and advised Millar to resist the payment of his wages. The Resident Magistrate's Court decided against Millar. I know James White, and I think him as trustworthy a hand as there is in the place. I speak from the experience I had of him in my service. I think J. Healey a trustworthy young man. I should have no hesitation in leaving a flock of ewes in his charge. I know Falkner, and would rather have him in my employ than any one in the country, he was very zealous and intelligent. Ido not know instances of sheep dying immediately after dressing ; mine died 6 weeks afterwards from the effects of mercury. Corrosive snblimate is a proper dressing for sheep ; it is dangerous in its abuse, not in its use. I have been in the habit of using it in my flock. I never give the ear-marks of sheep on thirds to the shepherds ; they have the station mark or buist. There was much illfeeling existing between my shepherds and Millar; with George Cameron and Ewan Cameron in particular. The cause of that feeling was, that Millar took up a run between me and Maitland, what is called squeezing himself in ; they complained of him, but adduced nothing tangible; it appeared mere jealousy. There was a strong feeling against Millar by the neighbouring runholders,, Mr. Maitland and his shepherd, and Mr. Pillans, were of this number. George Cameron was at one time in my service. About two years since I had great difficulty in getting competent persons as shepherds to take charge of my sheep. I have had continual opportunities of judging of Millar's attention to his sheep since 1852. I believe there are but one or two men in the settlement who could have done as well with Millar's sheep and run as he did under the circumstances.

Cross-examined — I offered to make a compromise with Mr. Gillies. I said it was a case of character, and had better go into Court. I was of opinion, that if Millar was an honest man, he should reject Mr. Gillies's offer ; if he were not an honest man, he should accept it. Millar afterwards offered to give up the sheep, which offer was refused. One cause of dispute with my shepherds was, that George Cameron would put my sheep on Millar's run. lam of opinion that the deaths in Millar's flock arose from disease, and not from the effects of dressing. One shepherd can look after 1200 or 1500 sheep.

James Fulton — I have been a flockowner for five years. My per centnge of lambs would not go below 80 ; my loss does not average more than 5 per cent. I had sheep on terms. I used to give the private ear-marks to the shepherd. I have never had the scab amongst my flock. ° 3

William Logic, Sheep Inspector — I have been a fiockowner. I have been amongst sheep for the last 25 years, both at home and in the colonies. The average increase depends on the size of the flock. An average of five years should give 70 or 75 per cent increase. I think that amount may be realized in this country, in some parts there would be more. With a very scabby flock, loss from deaths might extend to 20 per cent, even with proper management. I have seen losses to that extent. I have frequently seen sheep die from dressing in the hands of competent persons. I have used corrosive sublimate for many years as a dressing. Corrosive sublimate in Australia is considered about one of the best dressings. It is an invariable rule in Australia to give the shepherds the private ear-marks. I have seen accidents to sheep from fires, where great loss has occurred, notwithstanding the utmost exertions were used to save the sheep. I should say that it is not the practice for the runholder to be held liable for loss by accident without a special agreement to that effect. I have been 18 months in this country. I have travelled over much of the country. particularly the North. I have been at the Molyneux. I believe that a fire might be easily put out at its commencement. It might be impossible to stop such a fire. There would not be much difference in the average lambing of a scabby flock and a clean one, unless it were very scabby. If a man were to work imprudently amongst scabby sheep at lambing time, the loss might be very heavy.

Cross-examined — A man would not be justified in not looking after his flock until evening if he had seen a fire lighted in the morning spreading over the run. If the flock were attended to immediately, there would be a probability of its being saved. There is a law in Australia against lighting fires. "I have seen Millar's sheep. I have seen an intermixture of brands and marks-r Millar's ear-mark on Cargill's sheep, and Cargill's ear-mark on Millar's sheep., I reported the matter to. Mr. Cargill, who said he knew the circumstance. I was shewn a skin by Millar ;>!; >! it was scabby, and I recommended that it should be burned. I remembered Millar wanting to sell Mr. Lang's wethers. Lang iat= length, consented. Millar

afterwards said that he had already sold them, and that they were on the road to town. Robert Robson, shepherd — I have been five years in the settlement, and have been a shepherd all that time at the Horse-shoe Bush. With two exceptions, the sheep have been always free from scab. My average increase the first year was 85 ; it was 60 the second year, and on the third year above 90 per cent. There were some ewe lambs in that flock which assisted the lambing. The fourth year it was above 90 per cent., assisted by the same cause. The fifth year it was about 60. I lost one year 20 per cent, of lambs between the lambing and the weaning. I believe that to have been caused mostly by tutu. I account to my employer for losses by marking them down in a note book. I don't think it possible to assign a cause for every death. Ido not think it possible to find the carcase of every sheep that may be missing. I have known great losses from dressing for scab. Ido not herd the flock very closely. I cannot see all my flock every day. Ido not think 1 should be taking proper care of my sheep if I did not see them for a week. It is not advisable to disturb the sheep frequently. Ido not give special statement of cause of death. There has been an average of 5 per cent, of deaths in my flocks.

John Hyde Harris — I am a stockowner. I have been so for 6 years. I decline to state the average per centage of my lambs ; that is a private matter. I know Mr. Ferguson. A flock of sheep belonging to Miss Rattray, now Mrs. Ferguson, were with me on terms. I cannot tell the exact number, I think it was 277. They were placed with me about March 1855. The value at that time was 335. 6d. per head. The return of increase made to Ferguson the first year was 50 per cent, but I had not 19. I lost over 60 sheep out of the old flock, but I handed over 59 to Mr. Ferguson out of my own flock. There was no agreement on that subject. The second year's per centage of lambs dropped was between 75 and 80, but the number returned was 25 per cent less by losses from wild dogs and cold. George Smith — I have had sheep on terms with Mr. John Anderson of Blueskin for four years. I believe Mr. Anderson accounted to me and gave me 60 per cent increase as my share, but the last year it was less. Cross-examined — Mr. Anderson deducted his share, and my share or two-thirds, was 60 per cent.

Robert Falconer — By the Court — I am between 15 and 16. I have read my Bible. Several other questions having been answered to the satisfaction of the Court, witness was sworn. I was shepherd with Mr. Millar ; he was anxious to keep me when I proposed to leave ; he offered me £35 a year to remain. I looked after a mixed ftock of wethers and ewes. When I first went to him, he assisted me now and again ; lie came ever} r day or two ; he was severe in making me look afcer the sheep. I shepherded a flock of scabby sheep some time after I went to him. I was instructed to keep the sheep in a sheltered situation in the valley, and I did so. When "we were dressing the sheep they were put into a shed. They were dressed several times. I recollect a fire occurring last October. On that day I was sent by Mr. Millar *to look for the wethers, and I found them. The ground was pretty rough where they were. It was the wether flock. I found the sheep more than two miles from where the fire commenced. The ewes were on bare ground, not likely to take fire. I came back to Millar and Perkins where the fire was lighted. The fire had not spread much at that time. Millar was at the first fire when I came back. I was sent to look after two ewes that were on the hill over which the fire was spreading. I was sent, after the second fire, to drive the sheep out of danger. Millar told me to stay out all night if necessary. Millar Avas looking out all night, and came home in the morning. I saw 62 sheep dead where the fire caught the flock. About 100 injured sheep were brought home and kept about the house. Most of the sheep so injured died. We went over the run afterwards to ascertain if there were any more sheep. I stayed out after dark frequently whilst I was in Millar's service, not by his orders. I went far away, and was late in getting back. Millar killed one of the injured sheep. Millar's ear-mark is a back bit and a fore bit. They were both on one ear, I cannot say which. I did know Barr's mark. I have sometimes been to look after the sheep. Healey had charge of them. Many of the newly dropped lambs died. They had large lumps on their necks. They were very weak when lambed. The ewes were in good condition. I could not account for the lumps on the lambs' necks.

Cross-examined — I got a summons to come here this morning. Millar told me to come. We had a little conversation. J. Healey left Millar's service six months before me. There was no shepherd there when I left. Millar was not very often at Mr. Cargill's flock. Millar was never very long away without seeing the flock. Some were dressed before Healey came. Joseph. Lang — I recollect a fire having occurred on Millar's run. I received a letter from defendant shortly after the fire occurred. Millar requested me in that letter to inform Mr. Dall of the fire. I did so. I did not go over to Millar's run. I left with Millar 261 ewes and 199 lambs. I have now 615. lam not satisfied with the returns made by Millar.

Thomas Dall — I have a few sheep with Millar. lie lias had them four years or so. I have been frequently at Millar's station, and settled accounts with him. I was once employed by Barr to settle his account with Millar. I settled an aceomrt with Millar for Mr. Barr on another occasion. .It might be two or

three years since. That was for Millar's convenience, and not by Barr's orders. I heard of a fire at Millar's run by a note sent to me by Millar through Mr. Lang. Millar sold some wethers for me. I got the money. I once went with Barr to see the flock. lam not satisfied with the way the sheep were managed; nor am I satisfied with the '(increase. 17 of my sheep were said to be burnt. The case for the defendant being closed, Mr. Gillies addressed the Jury at some length. Mr. Johnston stated his conviction that the evidence was in favour of his client, and he would leave the case in the hands of the Jury. The Resident Magistrate summed up the case, read a considerable portion of his notes of the evidence, and directed the Jury, if they believed the charge of carelessness and mismanagement on the part of the defendant proved, to find a verdict for the plaintiff for such amount as they in their judgment might consider just. If, on the contrary, in their opinion the allegation was not proved, then to find for the defendant.

Defendant's solicitor submitted that his Worship was bound to tell the Jury that where loss had occurred by fire or otherwise, unless such loss had been produced by the gross and wilful negligence of defendant, the latter was not in point of law liable for such loss. The Resident Magistrate, however, did not amend his charge. The jury retired, and after a brief consultation, returned a verdict for the plaintiff for £85 st?rling. The costs were awarded by the Resident Magistrate, in the proportion of three-fourths to be paid by the defendant, and one-fourth by the plaintiff. Defendant's solicitor intimated his intention of appealing.

The Irish Peasant. — A Convict Returned. — In the year 1848, a poor tailor residing in the village of Ardkillan lost a heifer. It was stolen by somebody who thought it was less sin to steal than to starve. Two men were arrested and tried — one was acquitted ; the other found guilty, and sentenced to seven years transportation. To the authorities in Australia this man appeared " a good citizen in slavery ;" his good conduct was remarkable — it procured him employment — he was entrusted with a gang, and ultimately with, the duties of hook-keeper. At the end of three years the authorities gave him his pardon as the reward of his merit. He was fortunate in the bush as a shepherd, more fortunate in the diggings as goldseeker. He was last week in England disposing of a cargo of his own wool, and this week the inhabitants of Tulsk were astonished by the anxious inquiries of a well-dressed gentleman, who wished to see one Betty Con oily a woman remarkable for poverty, patience, and good conduct — he found her and her children in a bog cabin — he saluted her with " God save all here — do you know me Betty." She eyed him calmly for a moment — " My own, Johnny," she cried, and fainted in the arms of her husband. The scene that followed may be imagined — hope and joy tumultous in either breast — the past a shadow dark — the present all in sunshine. This is not "a story written, for the papers," it is all true. The man was in the way at horne — in Australia he pushed opposition out of the way, and found means to assist several highly respectable Irishmen, who were not so fortunate as himself. Amongst the Irish peasantry are to be found a great many of Nature's aristocracy. The returned convict is the owner of £50,000, and as many thousand acres, and says himself, the wife is better than all. The story will be a treat to those who are sick of the Saddliers and Palmers. — Roscommon Messenger.

The Beautiful Mystery of Infancy. — There is no sentiment more natural to thoughtful minds than that of reverence for childhood. Many sources both of mystery and love meet in the infant life. A being so fresh from non-existence seems to promise us some tidings of the origin of souls ; a being so viable pressing forward into the future makes us think of their tendency. While we look on the " child as the father of the man," yet cannot tell of what kind of man all the possible varieties of character and fate appear to be collected into that diminutive consciousness ; that which may be the germ of any is left as though it were the germ of all, the thread of life •which from our hands, that holds it, runs forward into instant darkness, entwines ifself then into a thousand filaments, and leads us aver every track and scene of human things — here' through passages where poverty crawls — there to the fields were glory has its race ; here to the midnight lake, where meditation floats between two heavens — there to the arid sand where passion pants, and dies. Infancy is so naturally sug-, gestive — it is the representative of such various possibilities — that it would be strange did we not regard it with" a feeling of won- • der. — Martineau. .