CLARE: Wednesday, November 16.
[Before Mr. J. Varley, S.M., and Messrs. C. Kimber and A. Young, J.P.’s.]
Torr v . Thomas.—Claim, £100, for trespass and taking away a sheep. Mr. Carter for the plaintiff, and Mr. Bright for the defendant. The evidence given by plaintiff was that the defendant did on October 17 last trespass on his property, near Farrell’s Flat, and yarded a flock of sheep, doing injury to a number of lambs, and taking away a ram, the property of plaintiff, without authority. Neither plaintiff nor his overseer knew what earmarks were on the ram. It was also admitted that the ram in question was not of the same breed as the other rams in the flock. The plaintiff was not able to state positively how he came in possession of the ram. He thought be must have had it from Mr. Jas. Brown, of Mintaro, or from Gum Greek, but afterwards said that he gave John Baillie, farmer, a fat wether in exchange for the ram about seventeen months ago. W. Thomas, the defendant, stated in evidence that prior to October 17 he had a conversation with plaintiff about some of their sheep which were supposed to have got boxed, as their properties though fenced were separated only by a road. The defendant stated positively that he had permission from plaintiff to go on his land, and if there were any of his sheep there to take them away. On the day in question he went to the house where Torr’s overseer lived, who was from home, but told the overseer’s wife what he intended doing. He found four ewes and a ram in the flock that belonged to him, and he took them away. The ram was one of six that he purchased of Mr. Bath, of Victoria. The rams were brought to Clare that day, and the Bench looked at their earmarks. The S.M. said the Court was satisfied that the ram belonged to defendant, but that he had no right to go on plaintiff’s land, yard the sheep, and take some away in the absence of Torr or any of the men in charge of the flock. Fined £7 and costs.