The North Eastern Ensign at KellyGang 24/10/1873
BENALLA POLICE COURT.
Tuesday, October 21.
(Before Mr Holmes, PM, Mr Sharpe, JP, and Dr Nicholson, JP)
BREACH ofr SCAB ACT
M'Eachern v Rowe.- Mr M’Donnell for complainant; Mr O'Leary for defendant.
M'Eachern deposed. I am inspector of sheep for the Benalla district. I produce the Gazette of August 29th showing the boundaries of the clean district. I know Mr JP Rowe. Saw him at Wangaratta on the 4th September last. Two sheep of his were there. I asked him if they were his, and he said "Yes" I asked him if he had brought the sheep Mansfield; he said "Yes." I asked him if he hah a permit, and he replied "No."' Mansfield is not in the Benalla district. The place where I saw the sheep was in the boundaries of the Benalla clean district as defied in the Gazette of August 29th. Give Mr Rowe no permit to drive these sheep. No other inspector could give him a permit into my district. To Mr O'Leary: I am sure Mr Rowe said he brought the sheep from Mansfield. I told him would prosecute him.
This closed complainant's case.
Mr O'Leary said that the fact of the sheep having been driven into the clean district within the time of its gazettal was not proved. This was a quasi criminal act, and the case must be proved strictly.
Mr M'Donnell replied, contending that the driving was proved.
His Worship was of opinion that there was no proof of the sheep having, been driven into the district between the 29th August and September 4th. The unanimous opinion of the Bench was that the case should be dismissed without costs.
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