A SHEEP-WORRYING CASE

Otago Witness, Issue 3215, 27 October 1915, Page 15

A SHEEP-WORRYING CASE

CLAIM FOR £llß DAMAGES. QUESTION OF IDENTIFYING DOGS. An action in which a considerable amount of interest was taken was heard before Mr H. A. Y'oung, S.M.. in the Magistrate s Court on the 19th. Charles and Frederick Freeman, farmers, of Abbotsford, claimed from Leopold Charles Sonntag, Thomas Ryan Sonntag, Herman Sonntag, and Charles Sonntag, £IOB for sheep bitten, worried, and harried by defendants’ dogs, and special damages amounting to £lO 4s 4d for men’s time in looking after the sheep, and the expense of turning them on to turnips before it would have boon otherwise necessary. Mr Calvert appeared for the plaintiffs and Mr A. S. Adams for the defendants. Mr Adams objected to an amendment in the statement of claim by adding the date July 15. The effect, he said, was to add an entirely new cause of action. The date had been sprung on him at the last moment, and he submited that his Worship had no jurisdiction to accept such an amendment. Mr Calvert said that the omission from the original statement was purely a clerical oversight, and the amended statement was not a new ground of claim at all. The Magistrate said ho would allow the amended statement of claim, and if he found that defendant had been taken by surprise, he would consider an adjournment later. Mr Calvert outlined the facts of the case, and described the worrying that .had taken place on Mr Freeman’s property on July 15 and July 22. The dogs had killed 12 ewes and two hoggets and badly bitten 28 owes and 13 hoggets. In addition there had resulted a considerable deterioration through the whole flock. Donald Hornal, overseer for Mr F. Freeman, stated that on July 13 he saw two dogs worrying sheep on Mr Freeman's property. t)ne was mostly white with reddish brown spots, and the other was black. They escaped into bush going towards Brockvillo, and ho saw 7 no more of them. He found 14 owes badly bitten, and a lot of wool scattered about. Two of the owes died the next day. Later ho found two hoggets killed, tie kept watch for the dogs and at about 7 a.m. on July 22, he saw the sumo tw r o dogs a little bit lower down the hill worrying the sheep. He followed the dogs until they went into the back of Mr Charles Sonntag’s house. The whitish clog looked to him like a setter. The black one looked like a halfbred retriever. On returning ho found seven owes killed outright, and 16 badly bitten. All these had been freshly bitten. One ewe had to bo destroyed a few days later, and two more died .-übsequcntly. Ho had 477 owes to look after on the land. Air Freeman and ho interviewed Mr Charles Sonntag on the evening of July 22, and they saw a darkish dog, looking like a setter. Mr Sonntag said It would never do for him to keep dogs about the place. That one belonged to Mr Capel. At the back door of Mr Herman Sonntag’s bouse they saw a black dog with white on the breast and on the tip of the tail. Witness said that was not one of the dogs. Sonntag denied all knowledge of any other dogs. A few 7 days later witness and another mustered 465 ewes, showing that 11 were missing. He gave particulars of the time lost and trouble caused through this worrying. In cross-examination by Mr Adams, witness stated that on occasions ho had shot on suspicion dogs trespassing on the land where the sheen a;ore. Witness thought it was not his place, but his employers’ to go in to Air Sonntag’s and charge him with owning the dogs. Ho did not remember hearing anyone whistling for dogs at Mr Sonntag’s when they were inquiring into the matter that evening. Two clogs were produced in court, and witness said neither of thorn was a dog he had seen worrying the sheep.

Edwin Stokes Dalzioll, a neighbour of Freeman Bros., said that on July 22 last he saw two dogs which ho know to bo Sonntag.?. They were coming up from Freeman’s. One was white, and the other black. He saw Hornal following them, and spoke to him. Ho had seen tho same dogs about a week before coming through bis place from Freemans. Ho suspected that they had been up to mischief. Ho know the dogs well. They were mates, and they constantly rushed out from Sonntag’s place and barked. Charles Blackwood, caretaker at Burnside saleyarde, said his property adjoined Sonntags’. Beside the two dogs shown in court, he had constantly seen two other dogs about Sonntag’s place, but he bad not seen them since he had heard of this sheep-worrying case. A whole flock of sheep would deteriorate Is 6d to 2s a head in value after dogs had been worrying among them. Alexander Blackwood, manager of the City Abattoirs, said that up till a few months ago ho had seen four dogs about Sonntag’s place. Two were those shown in court. Of the others one was a black dog, either a collie or retriever, and tho other was a white one with brown spots. He had not seen them since July 22. Bitten sheep were no good for export, and would be reduced in value, from 6d to 3d per lb. Walter Blackie, of East Taieri, said ho inspected Mr Freeman’s flock on July 31, and found evidence of a good deal of damage. Ho estimated tho deterioration at

about Is 6d a head throughout tho hoggets and at about 2s to 2s 6d a head among the owes. Twopence a head a week was a very reasonable charge for feeding sheep on turnips at the time in question. James Gow, sheep farmer, at Wingatui, also gave evidence of having inspected Mr Freeman’s flock on September 3. Ho saw a number of owes that had been bitten more or less. They would bo worth only from 5s to 15s instead of 27s 6d. He estimated the general deterioration at about 2s a head among the owes. The badly bitten hoggets would be worth about 7s 6d instead of £l. The general deterioration among tho hoggets he estimated at Is a head. Herbert Edward Lyon produced the Dunedin Corporation’s dog registration book, and said that in September, 1913, two dogs wore registered by H. Sonntag. In 1914 there was one registered in the name of C. Sonntag, and two collies were also registered, their names being given as ‘'Roy” “ Jack.” In July, 1915, there was a collie dog named “Roy” registered by C. Sonntag. That was the only dog registered this year by tho Sonntags. Frederick Freeman, one of tho complainants. gave evidence o* r<-. t.ho damage that

had boon dono on July 15 and July 22. When witness told Air C. Scan tag that Hornal had followed dogs that had been worrying sheep down to Sonntag’s house Sonntag said ‘‘ls that so?” When witness suggested to Sonntag the appointment of assesso’6, Sonntag said, “I don’t know who to ;ge-v.” Sonntag afterwards said, “I’ll have nothing to do with it.” Sonntag showed them the two dogs produced in court, and said they had no other dogs, adding that it would never do for them to keep dogs. Herman Sonntag said there were lots of dogs about the district. Charles Sonntag, when asked, said “Wo don’t register anything.” Witness saw CharleS Sonntag later, and requested him to appoint an assessor, but Sonntag said he would have nothing to do with it; the doge were not his. Tom Sonntag came up, and the two spoke of their dogs, and came to high words. Charles afterwards said to witness, “ I’m sorry you told Tom anything about this, because lie goes to market at such a rate.” On the first day 14 ewes were bitten, and two of those died. Two hoggets were killed outright and 15 bitten. The hoggets were undisturbed on the second occasion. Seven owes were killed outright and 16 bitten on July 22. One other ewo had to be destroyed. There were 179 hoggets in this flock. This witness concluded his evidence in chief, and the court rose after adjourning the case until the 26th inst.

DUNEDIN MARKETS. FARM AND DAIRY PRODUCE,

Mr B. J. M’Arthub (successor to Messrs MTlroy Bros.) George street, report paying ior produce during the week ending the 2Gth inst., as follows; Stamped fresh Eggs .1 Separator Butter. 1/2 lb I/i d ox Honey (bulk), Hd lb. Salt Butter, 1/1 lb |

WHOLESALE PRODUCE REPORTS. J. Lindsay and Co., Princes street south, report under date the 26th inst.: Wheat per bushel. Oaten cualf Best milling ... 4/9 Prime...l2o,'h—l3o/0 Fowls’ ... 4/I—4 6 Good !’5/9 Milling oats ... 3,0 Inferior (0,0—70/3 Feed oats.. 3/o—3/3 Ryegrass and clover Malt barley ... 0/0 hay 13 /0 Feed barley ... 5/0 Cape barley ... f/*> Straw: Maize 6.0 Wheaten ... 50/0 per ton. Oaten 55/3 Flour, in 200’s ... £6<7 ’ Rolled bacon ... Kid Flour, in 50’s ~. 2.‘c/0 j Side bacon ... »<l Pollard 130/0 Smoked hams ... lOi Bran 105/0 Cheese ... ... 10d Oatmeal, in 25’s 420/0 Salt butter lid —10d I’eari barley .. 430/0 (according to quality) Kggs, fresh ... 1/2 Onions. —Melbourne, £lO 10s per ton. Potatoes. —Pest lots aro saleable at up to £8 per ton. Straw Chart.—Wheaten, £2 10s; oaten, £2 15s.

SOUTH LA N D MARKETS. (From Odh Own Correspondent.) INVERCARGILL, October 23. The oats market is quiet, and there is very little doing, as holders are not keen to soil at present prices, and buyers arc operating only from hand to mouth. r lho nominal quotation for A grade Cartons is 3s 4d, f.0.b., s.i. The chaff market is also quiet, although there arc still • Liable defence orders to bo supplied. .. value for prime quality still continues at ill 15s to £5, on trucks. The potato market is slightly easier _in consequence of the price in Sydney haying dropped from £1 to £1 10s per ton. Iho price is nominally about £6, on trucks, for prime lines newly picked ever, but merchants are not very keen to buy owing to the lateness of the season. There is a fair retail demand for ryegrass for sowing and it is expected that there will bo a good demand from the north very shortly. The wholesale price, however, is being affected by the quantity of imported seed in the market. After the present holdings arc cleared up enhanced prices will have to be paid for English seed. There is little doing in hemp, which is vrrv quiet at present. Good fair is not today worth more than £24, on trucks, but. there is very little available.

HIDE SALES. MELBOURNE. October 21. At the hide sales to-day there were fair supplies. Heaviest were unchanged; mediums |d lower. The Dunedin Woolbrokers’ Association (Messrs Da!gety and Co., A. Moritzson and Co., National 'Mortgage and Agency Company, New Zealand Loan and Mercantile Agency Co., Otago Farmers’ Co-oporativa Association, Donald Reid and Co., Stronach, Morris, and Co., and Wright, Stephenson, and Co.) ronort as follows:—The fortnightly sale was held on Thursday, when fair catalogues wore submitted to a representative attendance of buyers. Competition throughout was keen, and all good-conditioned hides realised prices on a par to id per lb advance on last sale s rates. Ox, stout heavy, lOid to 10|cl; do heavy, 9Jd to 10id; do I;tr!it 9d to lOd. Cows, stout heavy, 9d to gfdj ’clo medium, 8 2 cl to 9d ; do light, 7d to BJci; inferior ox and cow, 5d to 7d; bull and stags, to 6id; yearlings, 8d to BJd; calfskins, best lOid to lD|d; _ do medium, 9d to 9|d: damaged and inferior, 3d to 7d. Messrs Waters/Ritchie, and Co. report as follows; —We held our usual fortnightly sale of hides at our stores, Crawford street, on Friday morning, to the usual attendance of the trade. There was very keen competition for all descriptions of bright dry-conditioned linos, and for such prices were decidedly firmer, showing _an g.dvance of id to §d per lb on those ruling at the previous sale. On the other hand, dark and unattractive descriptions met with a very dragging sale, though prices were practically unaltered. A large quantity of hides coming to hand lately show that very little attention has boon given thorn, and consequently they do not get the competition that they would otherwise obtain. With a little care these same hides would bring from 5s to 10s per hide more money. Included in our catalogue were some very stout ox, and for these we obtained extreme values, up to 12|d per lb being given. Onr catalogue consisted of S9O hides and 737 yearling and calfskins —a total of 1627. The following wore some of our best prices: — Ox; one 801 b, 12? d ; one 761 b, 12Ad; one 56 lb/; 12d; two 651 b, Hid; one 721 b, Hid; thirty-one 651 b. ICid; one 561 b, lOijd; one 561 b, 10|cl; eiarhty-threc 511 b, 10|(d; sue 751 b, 10id; one“69lb, 10jd; five 551 b, 10|d; five 631 b. lOgcl; twenty 511 b, 10|d; one 551 b. 10id; fifteen 481 b, 10id: sixteen 491 b, lOld; eight 541 b, 10id; two 69!b, lOd; two 701 b, lOcf; six 511 b. lOd; sixteen 491 b, lOd. Cows: Two 641 b, 9gd; two 5211>, 9§d; ten 471 b, 9ld ; twenty-seven 481 b, 9id; forty-nine 361 b', 9ld; sixteen 441 b, 9id; four 421 b. 9d;

3fty-fivo 471 b, 9d; two 52:b, B|d ; eight 471 b, i Bgd; twenty-four 471 b, B|d ; two 671 b, Btd ; ■ three 491 b, B|d ; twenty-four 371 b, 84c! ; «two j 261 b, B|d; one 511 b, 8|cl ; twenty-seven 351 b, gjjd per lb. W© quote:—Extra, lid to I 123 d; stout heavy, to lOgd ; heavy, ' lOd to 10ad; medium, 9|d to 10^d; j light 8d to 9id. Oow: Extra stout, to ; &|d ; heavy and medium, to to 9d; damaged and bad-conditioned ox and oow, from 6d to 7*|d; bull and stag, 6d to 7id; calfskins, 10id to 10i for beet; medium, .

93d to 10^d ; damaged and inferior, from Sjd to Bgd per lb. OTAGO FARMERS’ HORSE BAZAAR. The Otago Farmers’ Co-operative Association of Now Zealand reports: —We hold our weekly horse sal© on Saturday, when wo offered to a fair attendance of the public an entry of 31 horses. Consignments wore forward from Miltpn, Middlemarch, the Peninsula, and the districts surrounding Dunedin. There was no great demand for

any class of horses, and bidding was dull and slow, very few horses changing hands. During the week we sold on account of Mr W. 11. Gawn, Crossbill, North Taieri, at a high figure, to Mr Martin Geary, of Portobcllo, the Clydesdale mare Sweet Nell (182 C. 5.8.), sire Captain Stewart, imp. (12,076) (161), first dam Bess, by Glenkenich (222), second dam by Baron Salisbury. We quote; Good young draught mares, £25 to £3O j superior young draught geldings, fit for shaft or lorry work, £3O to £SB; ordinary

draught mares and geldings, £2O to £25.', aged draughts, to £ls; good upstanding vanners, at from £lB to £25; ordinary spring-carters, at from £ls to £2O; upstanding buggy mares and geldings, £ll to £2O; hacks and ponies, £5 to £l2. FARM SALES. Tho Otago Finance and Agency Company reports that during the last month it disposed of tho following properties :—Leasehold dairy farm of 120 acres, crops implements, and stock, Sawyers’ Bay, from F. Mac Donnell to A. C. Davis. Leasehold dairy farm of 86 acres, stock, and implements, Sawyers’ Bay, from F. Hay to H. L. Hopkins. Freehold Farm of 340 acres, buildings, and crops, Tuapeka West, from M. Hart to F. A. Aitkinson. Leasehold property of 500 acres, stock, crops, and implements, Warepa, from W. Jenkins to S. Kenny. Freehold dairy farm of 50 acres, together with buildings, stock, crops, and implements, Otautau. from W. Milne to W. Adams. The above properties changed hands at fair values. Mr Milne’s property realised £3O per acre. It is handy to good roads anc. the Fairfax factory.