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From: "Daryl Crabtree" <>
Subject: [AUS-VIC-NorWest] WEST WIMMERA MAIL
Date: Mon, 10 Feb 2003 09:49:51 +1100


March 12, 1915
SHEEP KILLING
In the Horsham Court of petty sessions on Friday last, before Messrs. E.
HARRISON, P.M., S. G. KNIGHT and G. TIMMINS, J's P., John RUSSELL, of
"Melrose" Nurrabiel ; claimed from Robert McDONALD of Nurrabiel, £17 12s.,
the value of sheep worried by defendant's dogs. The complainant stated that
nine of the sheep (flock ewes) worried, had died, and he valued these, not
withstanding the drought, at £1 per head on the 3rd December last. The
balance of the claim was in respect of twelve others badly bitten. The
complainant stated that on the date mentioned early in the morning, he found
the sheep badly worried, some being dead, and in consequence poisoned some
of the carcasses. He was about the paddock all that day, but did not see
any sign of the dogs. Late in the afternoon another witness saw dogs
chasing a neighbor's sheep, some of which were also worried, in an adjoining
paddock, about half-a-mile away, and though he could not identify the dogs,
he stated that one was a kelpie and the other a stag hound. The following
morning a stag hound was found dead in the paddock where the carcass had
been poisoned, and later a kelpie was found dead in an adjoining paddock,
both stag hound and kelpie being apparently poisoned. On the evidence it
appeared that the dogs belonged to the defendant. The defence was that
there was not sufficient evidence to connect the dogs with the worrying, and
this was urged at length, but the Magistrates over ruled that objection.
The defendant stated that he had been away during the week, and only
returned home on the Wednesday evening. The dogs had been, according to the
evidence of employees, tied up during the master's absence and were let
loose on the morning of his return, and after the hour at which the sheep
had been worried. Evidence was also given that recently a case of worrying
had occurred. The Chairman said, that if the dogs were tied up at the time
of the worrying, it would be a complete answer, but considered that
defendant was not clear enough in his evidence as to the date of his return,
and that coupled with the circumstantial evidence, led the bench to find for
the complainant. They decided to assess the damages at 12/6 per head for
the sheep killed and 10/ for those worried, and made an order for £10/7/6,
with £4/1/6 costs. A stay for one month was granted.

Daryl Crabtree
Gladstone
Qld
www.ballaratgenealogy.org.au/goroke/








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