SPORTING DOG SHOT

Taranaki Daily News, 5 July 1929, Page 9

SPORTING DOG SHOT

COMPENSATION CI-AIM FAILS. COWS DISTURBED BY HARE CHASE “This practice of wandering over other people's farms with dog or gun is intolerable,” said Mr. R. W. Tate, S.M., in the Court at New Plymouth yesterday. “Farmers are just as entitled to enjoy their property rights as householders in town. Trespassers without the express permission of the owners are liable to a line and if they have a dog, gun or net with them they may be de'emed to be in pursuit of game.” The shooting of a dog, described as “a valuable pedigree pointer,” was in dispute, the owner, Edgar Eric Barriball, claiming £l2 12s from Ernest C. Stanley, farmer, of Hillsborough. In giving judgment for Stanley, with £2 12s costs, the Magistrate said that under the circumstances Stanley was entitled to shoot the dog under section 26 of the Dog Registration Act. He could not believe that a dog chasing a hare through a paddock and passing as close to a herd as this one did, would not disturb the cows.

In outlining the case for Barriball, Mr. C. H. Croker said that on May 18 plaintiff and some companions were shooting ' hares in the locality. Barriball had a pedigree pointer with him, while one of the others had a cocker spaniel. Ou their way home in tho afternoon they bad tho choice of two routes, one to the left, over some hills, and the other to the right, on the flat. They chose the latter, which was the shorter, being under the impression they would come on to a “paper” road, of which there were a large number in the district. While walking through Stanley’s property on what they thought was one of these roads, Stanley came up and told them tho right-of-way was at the back of lila farm, near the river. He ordered them off the place and so they went through the fence to take the nearest route around. On their way the pointer raised ft hare in a raupo swamp and chased it out of view, Stanley was driving his cows and remained in tho

direct view of tho party all the time. The ahootists were on a nse * ■ liie “•"<? reappeared presently on the farm but tho cows were in no way distuibed. Then they saw Stanley go to his shed and return with a gun wnh ahot the. animal in cold blood. It yelped and he shot it again and killed it. Counsel described it as “a dastardly, dirts D C t r * ’ Mr. A. A. Bennett said the facts were seriously in dispute. These people, out permission and knowing taeii a i • was objected to, deliberately went over Stanley’s property twice. It was beUeved/in fact, that they actually shot their first haie there. The whole occurrence was the result of trespass. After through the cows amd xt was while it

was actually amongst them, in danger.of doing serious damage to the heavily incalf animals, that Stanley shot it, Tho first shot did not kill F and his firing of the second was therefore quite a proper proceeding. No effort had been made to get the dog under control. After hearing evidence in support of both sides of the case, Mr. Tate said it seemed that actually there was not much disagreement on the facts. He could understand Barriball’s feeling in the matter after liis pet had been shot but. in view of the circumstances, that was no reason for his claim. With reference to the allegation that tho dog was out of control, the Magistrate said that a properly trained pointer merely stood still and “pointed” when it discovered game. Therefore this dog, if were properly trained, could not be said • to be under proper control if it ran after] the hare.

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