INTERESTING SHEEP CASE

Tuapeka Times, Volume XLIV, Issue 5971, 21 August 1912, Page 1

INTERESTING SHEEP CASE

AT ROXBURGH. RTOHGLDBR CLAIMS HiBAiTO DAMAGES FOR INFECTION 0F FLOCK. At the Magistrate's Court, Roxburgh, on Thursday last, before J. R. Bartholomew, Esq., 6.M., a case oi great interest to pastoralists was heard. The action was one in which James Menzies claimed from Janoaud James Elliott, the trustees in the estate oi the late Matthew Elliott the sum oi £4ti 5s I7d aa damaged for loss sustained through t/he negligence oi defendants jn allowing sheep mi.ei .. with ticks to mix with plaintiff's tloct and for grazing. Mr Bodkin appeared for the plaintiff and Mr Mclvea'u for the defendants.

Mr Bodkin, ioi plaintiff, stated that defendants were trustees of the estate of the late Matthew Elliott, lessee of Mt. Benger run. On j3lst March, PJII, the lease of tne ruD matured, and it • was subdivided, the planum being a successful applicant. The delendants had been granted a mouth by the Otago Land Board in which to muster their sheep and get the land cleared, but they had failed to do so, leaving some ISU sheep on the plaintiff's block. The latter'a loss was occasioned through depreciation in the price of wool, caused by. infection, and on account of defendant's sheep grazing on the land, which was fully stocked.

James Menzies, sworn. produced lease of run now in his possession, which prior to 3ist March, 1911, was m the possession of defendants. llu put no stock on till the 13th May, 11)11. Defendants had got permission from Land Board to hold the laud for one month on payment of one mumh's rent. He bought his sheep at Omaglado station sale. They had been clipped and iwcrc healthy. They were four and six-tooth merino wethers and -5-year merino ewes. 'l'hev wero clean and healthy when lie put them on the run. Several lots oi sheep had been bought at the sal u trom the same ilock. lie understood they were not infected. Mad thirty veurs' experience of wool and sheep and was station manager for l'J or 2U years. Crossbred sheep were most subject to. vermin, lambs being tlie worst. He would expect t<i lind sheep eiean and healthy at shearing lime it turned on land in May. 11u- sne.- ; . had got infected with tick through Mt. lienger sheep 'being on his laud. First discovered those sheep ou his land on 2nd June when he got -15 and there was a fair qimn.u} oi ticks on them then. He thought it was possible to tell 'how long ticks had been on sheep, the longer they were on the aioix. discolored was the wool. He did not closely inspect them at that time. Told Mr M. Elliott, manager, on -the <7lh, who asked him what they were, -vnd lie replied that they wero a mixture. Mr Elliott oll'ered no explanation as to how they came there. He (witness) - got next lot of 15 four or live days later, and there were a fow ticks on them. .Elliott mustered iliem some time later. On 2(ith September lie got the next lot and they were very bad with iticks. Judging -by the lilthy condition of the Wool they were strong ticks a nd must have been infected prior to putting his sheep on. They were very much worse than his sheep. -Notified Mr Elliott early in September, pointing out that las sheep were badly infected with ticks and he intended taking action against, him. On '2oth September he had conversation with Mr Jilnott in mustering and remonstrated with him lor leaving £0 many sheep on land ; but he said he could uot get tneui a" inCould not get a clean muster on such country by mustering once ; should muster twice ii not three times. The -weather made a dillcivnee. Mr Elliott had nine meu out but it waa very windy day ; almost imj ussinie to have a clean muster. Dirty sheep would undoubtedly infect clean sheep. Shearing tune was in November and December. in dry season would not expect to' iind a losa of I'JU sheep by death out of flocks of (>,075 between the months of November and March. Would consider it a large h'*s. it was usual for stations to kevp a stock book, and the manager was -able to tell shortage. Got fourteen sheep at shearing time; Jas. Elliott took delivery of Diem. Knew defendant's ear mark and brand. Estimated his loss at is per head on 1178 ior depreciation of wool and charged lid pethead per week ior grazing. The terms of grazing dopended on the season. Sold 21)0 sheep at a loss and a friend helped him by wintering 2">t) sheep for him. He had 1351 sheep on 13th May and wintered them. To Mr Mclvean : Started to take proceedings in .November but liewore delayed. His witnesses wviv sheep men and could uot get away at any time. Knew sheep on run iij June but made no c«mplaint to Elliott as to their condition. Elliott, did not mention another nuisicr. Did not complain of Scott's sheep ; then; was no fence -between them. Challenged Elliott his sheep were bad and had not been. dipped, l'roba-blv said that all his ilock had been undipped. Sheep running on Mb ground I ill November when he finished fonciiur. His sheep were not running on Elliott's ground. Kecollected mustering ouilav IM.I, with Scott, and got lew sle-ep on .JjJ-lliott's land. Knew Scott's were infected in September and his own shaep wero more or less infected then. 190 sheep badly infected would iniect a largo liiimber. Was possible for Elliott's sheep to 'bo infected from Scott's. Scott paid him, (witness) £2l as damage to his flock bv infection. Found some of Hosson's sheep on his property, but veiiy seldoftn. Saw them in \ ards. In September complained of Vermin, but failed to find any sheep with lice on. Large majority of Elliott's sheep were filthy. Pnco r-f wool was 2d or 3d per lb less than if clean. Ninepenee was highest prico obtained in Dun-

edin. Eightpence per lb was a good price for wool including pieces and belhes. Tickb att'ected the weight oi a fleoce. 7'Jlb to 81b was a good averago weight for ewes, linnet- ami wethers; doubtlul oi them cnttiiii; Si-lb, if so it was a very gum) im, Elliott's sheep may have been oier tho other side of range and n>me in after muster. Four or livo per cent, missed was a dirty -muster over roughly 10,000 acres. Considered the ground muatered- negligently. If Klliott put on nine men itisti-u-.l of tour ho was taking extra care. Undipped immediately aftor sheanny tune in December. Would not swear that there were no infected sheep with his. Scott's payment was a ssf-.- .« ,ir-

bitration. He estimated it at more, but would not -break his word to abide by the arbitrators' prin. I'uid his rates last year. Greater portion of run in Vinoent County, litf actw in Tuapeka Liuder ordinarv rireumstances it was a high claim, hut they wero not ordinary circumstances.

By llr Bodkin: Scott's sheep were not as 'dirty as Elliott's half-bred and three-quarter-lired hogg-eis. Tho latter were inlected for longer period than Scott's or his own.

Frederick Andrew H'aig, sworn, said ho was a sheep farmer. Had tw • ?11> li\<o years' experience ftmong sheep and know Mr Menzie's run. First saw Menzies in early pari of winter (May, 1911), he was driving Ids sheep to the ruti. They looked in good condition at that time, but did not know it they were infected with licks. He inspected them in the spring and were more or less infected with ticks. Saw Elliott's shieep sarno day. There were a good few ticks ion them, some hoggets being pretty dirty. Crossbred sheep were worst for ticks. Age made a difference, hoggets briny the worst. Menzie's clip would be depreciated, as halt his flock wa3 infected. They estimated the loss ot wool itt on half the flock or ljlb over the whole Hock, considering clip to average i/lb per fleece at shearing time. Clean sheep would take infection from dutv ones at any time. It was possible i'or (Elliott's sheop to infect Menzie's llock. Had been luiustering tor twenty livo years. Could not call it a clean muster if 5 per cent, missed. Did not think a singlo muster would I*' a clean one. It was harder to mustei on a windy day. In good season would consider 190 shevp big W« mi that country. It was usual to have ~ second muster. In all his experience he nevor know of a second muster failing to bring in sheep, lie would not cure to pav l.Jd per head per week for grazing. If I'JO extra sheep ou fully-stocked run it would _be hard on grazing. He would father be without them than be pniu I'd. A practical maij would have a good idea of the time when a sheep was infected by its appearance, but he would not undertake to give the time.

To Mr Mclvean :It takes nine or ten days for ticks to germinate. Long wooled sheep have i "'lis on them to warrant their being dipped, especially hoggcls. Some of liU ewes and hoggets werij ibud at dipping time. HiS| top price for wool was ll£d per lb. Scott asked linn to art as arbitrator. Scott's and others' sheep may have caused damage lo Menzio's sheep. Was not at uiiisLei and Jleuzies gave him no loi.rs ~ to number of Scott's sheep ou his (Menzie's) land. On liluckstonc 11 ill it was usual to have a second unisier. It 'Elliott put on extra inn,

taking extra care. Had never seen | fence between Bain and Kllioii. in I mustering, sixty of iillimtt's -li'|• were got, 110 ill September. and I I lutcr. Did not know value „i I'.liL<>ll's sheep in September, l>u L t n i wethers weru worth i' l s ■ »* 12s ; it they got 12s, 14s nuil 15s 111, s go; good prices. Ticks would not [JVi ct sales much in September. U-nsidercd toot iu bearing distinctly deadlier. Two per cent. of a loss «n- mo heavy to consider death the on.y cause of shortage, but 1 per cem not too heavy. Did not consider I per cent, loss by death and 1 per cent, by shortage on muster toi» ii ■.i.. Kind men twice over ground teller than ten men once over it. To Mj* Bodkin : Had heard that there was no danger oi sheep il;ni! from eutiug toot which had been bred on tool bearing countiv. em a clearing sale he would like u cleaning up jiiUster. A loss of lS'l' ■ . would be a heavy lost. Adam McDonald, sworn, said he »astation manager at Urma.:. .. . lie had seen Menzie's sheep lusi .September and saw him take deliver oi part of his Hock in May previous.-ami they were clean and health v. Menzie's sheep on Bennett's were iu if.* d condition. On Menzie's ground lie \ were fair, their wool wasn't clean ; caused by running with unclean sheep. Ho had been amongst sheep for aboiu thirty years. Would expect sheep to be clean in September on that class of country, but Bcnue were clean and some staimjd. Tick stained wool goes, down in price Iron 2d to per lb. Diid not see the sheep shorn a nd thought Haig's evidence correct. Had a good deal of experience ol musiering that class of country and not consider one muster a eiiim one. On cleaning up they sometimes had three musters. Did not consider i-vtra men on to muster once would lie a clean muster. Between .November and March a loss of IUU young would be a heavv death-rate. Loss through toot would bo trilling with sheep bred on toot bearing country. If iand was fully stocked would not take lhjd per head per week for grazing. Hoggets were more prone to ticks. A practical man could tell in September by the colour of the wooi how long sheep bad been infected. To Mr MeKean : He thoitghi a mian could toll up to four or live months. Saw Elliott's' sheep but could not ,-uv how long thev had been iuiectod with ticks. Had seen a S!°od deal of toot and thought fall oi year was most dangerous, when one might sw a» odd dead sheep, If nine men were put on would say they endeavoured to gut all the sheep in for sale next day., There was Ed accommodation at yards for sheep a nd would leave them out as long as possible. The loss after shearing .was not wcrth considering, but in stormy, wot weather newly shorn sheep were liable to die. To Mr Bodkin : Ho did not examino Elliott's sheep minutely with a view to assessing damage. Alexander Cameron, sworn, said he had been station manager on Beaumont and Linburn stations ; for about thirty years he had been a manager. He would not consider a single muster to 'be a clean one on that class of country. Had always mustered three iimos whenever lease fallen in. Never knew a Bocond muster failing to .;;rin la sbeep. Knew the Ormngliwle shcip and at the sale they were prac ,i clean ; he bought some at the same sale and some later or and they were clean and healthy. If free of dirty sheen Menzie's sheep should have shorn clean Mid healthy, but .infectod

sheep running with them would alleeL them. by examining a llc.ee a practical man could tell how loiii; it was in lee ted* llud always been among toot uud coiisidcied it did not atlcct sheep that were bred unions it. \V'i uhl not expect lo iia\e a loss 0 i owirH young sheep Iktttecn November and March. Would ijot lake ltd per head li his land was fully slocked. lo Mr Mckean : Ud per head was about 'the price of grazing in wint-T. 'ihere hi:ty have been a few ticks on Menzie's sheep but not enough to atfeci wool. Would consider a loss if per cent, at Hock a heiuv on -. Would consider a loss oi J per cent, a clean lute Let'.

i.dwaid Wilson, sworn, said lie had been station .manager at T. \ i>>t station and had eleven vears' expericne,. as manager. Had experience oi eon:, irv like Ml. licuger, it was the prae li'"e to muster two or three Linns. »icdv days wera ugaiu-i -uod ine ter. KiV'W the Urinuglade sheep; had bought 11(10 ai the same sale, ami they were absolutely elr.ui, as nl-o were some bought ou llith Alav. They shore very clean, the clean,-si Jev iot t'taliou for live year.-, Their lop price was l2Ad per lb, average nut. Would lie surprised ii Men/.ie's sheep were not (l s e'eau as the Tc V iot. It uas possible, bill : aired ~n expert, to tell how loi.-g sli.vp had inpen iniccted with tick. Was not surpnsed it a man with thirty years' experience could I ell up lo three or four months ol sheep being infected. It run fully stocked would nui nece Ud per head lor gra/in- Wculd nut consider loss of It'll sheep hetwe, u November and March a liea*\ los-. li- Mr Mi-Kean : Would not say thai sheep with ticks in September liiul been mi, vl iil Ihe preeediiie March, li J'-1 bo It got >d per 11, tor his wool in I'Jll he got a good price. Ticks materially ali'ect weight of p<>i - hap* 40/. An average of 81b 50/ iuis exceptionally good. Avvrag.' weight of fleece of sheep on (tussock land was Slh.

To Mr Bodkin : 150(1 sheep a"oi at:'d Sib.

Mr Mckean addressed the Court at some length ftud staled that plaint ill had failed lo prove negligence on ihe I'arl .7) defendants.and Ihrciore mii-i 111 1 nonsuited. .Section "> oi I lie Impounding Ac! provided thai u<i dam Rge-S could be Maimed where ieneing was uol completed. His Worship decided not lo nonsuit, ufid (or tile deieiice,

Matthew tallioU, s\\»rn, he \ra» manager lor defendants at end oi .Match, fill I. Had dispo- al sale 2,ird March and mustered on lie--Ist. Had been '2l years in pos- .- sioii. It. was then the custom U*eui ploy lour, sometimes o, mn-icrir*. and had even mustered with three iilen. Was unxiou.- to p.j all the sheep in lor the sale and hail . pill ..,i nine men. The day iu <|iiesiion tin- linish up of block--a shoil da\'muster—and it was a bad da\. 'Considered taking extra precautions rea uonal.de. Had Ijo opportunity oi ma king a second muster as sale was two days after. Tould not mu-lei belorc as ihere was no feed at vurd-. Stock inspector was at sale and he made no complaint. On 12th dune had dvli\ cry oi .slice]) from Mcii/.i. s. i.Vfik' d Men/.ie-. übout a muster Iml ho le i plied he wai, not gomto muster in tho meantime. lie knew lie was

sheep stliot'i, S'iiiij'o mt.nif! wnii at back *of ai (I tins Vmv waout oi rcpuir. The man on l!ti- Iwe.m duty bad mustered p..i'i,>n .>i I'.iini'.country, jNlen/.ics imuli l uo t:n;u|>lii.»i as to condition of his, s hi*i>. Did not examine tiui lot oi sixty sheep, but they wo iji good order. Got left.* from Jfcnzies, to which li, leplu-dbut did not admit liability. Went lo muster after w'bich sheep were drafted. Menzies asked him if ho was satisfied tho sheep Won; lousy, and he said he was not and asked Mcn/ies lo show him a lousy sheep. lie examined sheep for considerable, time but eoidd not lind any lice. Took his sheep away from yards, and another lot was leaving at tho same time, lie aslwd_ Menacs ii they had )>vn examined, but ho replied that tlivv had not. They were Hessou's. Heard ~,n-thiug thiug further till the summons was issued. lie bought, defendant'* sltw-p after shearing and they were in condition and not dirtv. mid avem;. Ed Sib ooz per fleece. (Jot Sd per lb on gr«und for fleece bellies and pieces olt ewes and hoggets. Bought all tho stratrglers—:il l altogether. Wool would bo worth Ad per 111 more in Ihmedin. He paid 15s for owes, l is for wethers and 12s for hoggets, which he Considered a fair price. Would not have got that price for .vool or weight ol fleece ii sheep had been badly infected with tick.:.

To Mr Bodkin : The lease cspire.l at end oi February, but got- caC'iimou Io end of March to fcnlp sale oi sheep, mustered on 21st and <;ot sheep to homestead smue day, which wa-, verv windy. Knew Menzies had no -hcep on land in April. Never mustered and got oo sheep at second muster. The Stock Inspector was at sale and wax satisfied with the sheep. Scott bought crossbred sheep from defendant-;. Did not know thev were the onlv sleep lie had. As lio bad land almost R d-

j } lining iMauies and was not leaving H gin djftrict he knew be could get any <i t {rotu Henziea when he musfereaT On 7th June aiegested second muster to Menzies. Would not contradiot Menzies if he said lie found tiaks on defendant's sheep. Knew he was sheep short at muster but was pretty busy at that time. It was not a fact .that he had saved other country; had left them there till near sale. By His - Worship : Brought sheep from farther back before this. Had mustered approximately 12,000 acres, and had frxore men out on these musters. Had most men out for sale mUßter. Wlent over rest of ground once and took about four days. To Mr jUcKean : He examined some of the sheep with Menzies and fouu.t one of them not theirs.

Jaimes Elliott, sworn, said ho was a sheep farmer and assisted at muster near end of March, when there were nine experienced men out. The usual number was three to live m>ti, and the , object Of putting on esvtra men was to make a clean muster. The more men out and the more ■ .cheep the better the chance of a clean muster. Considered if line dav very few sheep iwould haws been missad. They wanted all sheep in as it was a clearing sale. Saw sheep when •horn and thev were in good condition ; also, the wool got Sd per lb for a good class of wool. Ticks depreciate weight of 'wool and make it tender and wasty, and badly discoloured. They,were shorn in his shed and mmarks were passed as to the weight of fleeces. 81b soz was e xce P" tionally heavy—lib over average—and the sheep must have been healthy. Had considerable experience oi sheep fanning, but could not sav how low; sheep had been infeoted '■ some could tell up to three months. Sheep could be re-infected in ten days. Stragglers cams from all the adjoining blocks. To Mr Bodkin : Menzies must have mustered mere than his own. He considered stragglers came oil more than Menzies'. It was difficult to muster on a windy day. Had all sheep upon on Menzies' block. Fart of his block mustered the day before. Finished and took sheep home on 21st March. Did not know Scott bought all hie sheep at their sale. Did not know whether any stragglers came from Scott or Parker.

Mr McKoan Bummonotl up at son*; length, submitting that plaintiff must be nonsuited as he had failed to prove negligence, and still relied on section sof the Impounding Act as being in hiß favour. Mr Bodkin, also addresfed the Court at length, areuine that the plaintiff had fully established his claim and that the defendants must fail. His Worship decided to reserve his decision for a month. *' Coaguline," " Klinx," " Tenaei tine," cements for breakages, manufacturing purpous, &«., The Daily Chronicle reports that Dr Gastin Odin, a Parisian, claims to have discovered the cancer microbe, and that he is isolating and cultivating it. He »Iso claims to have discvered a vaccine for killing it.

For influenza take Woods' Great Peppermint Cure. Never fails, la 6d, 2« 6d.