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THE FARMER'S MAGAZINE. 



AYR CIRCUIT COURT OF JUSTICIARY. 



Wednesday, Sept. 22nd. 



FALSEHOOD, FRAUD, AND WILFUL IMVOSITION AT THE AYRSHIRE CATTLE SHOW. 



James Putan, farmer, Bankliead, Bear Partick, Glasgow, was 

 charged with falsehood, fraud, aud wilful imposition, in so far 

 as on the 27th April last the (jeueral Agricultural Association 

 for Ayrshire held a meeting and exhibition of agricultural 

 stock, aud tlie following premiums were offered for competition 

 among the exhibitors, namdy : a premium for the best bull 

 of Ayrshire breed, not under three years old, of eight sove 

 reigns ; aho a premium for the best two-year-old bull of 

 Ayrshire breed, of five sovereigns ; as aho a premium for the 

 second-best two-year-old bull of Ayrshire breed, of two sove- 

 reigns. The prisoner having punctured and inflated with air, 

 on one or more places, the skins of three or of one or more 

 bulls, and having also affixed to the head of one of the bulls 

 false or artificial horns, the horns being so fised as to represent 

 and be taken for natural horns, or at least the prisoner well 

 knowing that the bulls had their skin punctured and inflated, 

 and that one of them had false horns for the purpose aforesaid, 

 did wickedly aud feloniously, falsely, fraudulently, and wilfully 

 exhibit and produce to the society and judges one of the bulls 

 in competition for one or other of the premiums offered for 

 three-year-old bulls, and one or more of the hulls for the pre- 

 miums offered for two-year-old bulls, with the fraudulent in- 

 tention of imposing on the association and judges, by all which 

 or part tLere of the association aud judges were deceived and 

 imposed upoa. 



Mr. Gifford took a preliminary objection to the libel, on the 

 ground that ihe crime of falsehood, fraud, aud wilful imposi- 

 tion was an offence against property, and was dealt with as 

 such in every case. 



The Advocate-Depute replied to the objection. 



Lord Ardmillan said, although tlie libel was not very happily 

 framed, he could not hold it irrelevant. Lord Neavea concurred . 

 Objection dismissed. 



The panel being called upon, pleaded not guilty. 



Mr. Gifford thought it ri^ht that no juryman who was a 

 member of the Ayrshire Agricultural Association should act 

 on the jury in this case. 



The Court considered this a very proper suggestion. 



Mr. M'Murtrie, writer, Ayr, sworn aud examined : Was 

 secretary to the General Agricultural Association for Ayrshire. 

 The association held an exhibition in Ayr, on Tuesday the 27th 

 of April last. The association previously resolved to give cer- 

 tain premiums, aud advertised them. Read seventh regulation, 

 stating that no premium would be given sliould it be ascer- 

 tained that any deception was attempted to be practised upon 

 the judges. At a meeting of the committee of the association, 

 the judges were named. Those for Ayrshire cattle were Mr. 

 Buchanan, Garscadden Mains; Mr. Murdoch, Carntyne; and 

 Mr. Wilson, Forehouse. The prisoner exhibited two two-year- 

 old bulls. He also exhibited an aged bull for competition; 

 but it wa:J thrown out, as it was discovered to have been 

 punctured and blown. The first aud third prizes for two-year- 

 olds were awardeJ to the prisoner. Two or three days after 

 the exhibition, I received a letter from }.h. M'CuUoch. I 

 made the contcnta known to the directors, and in consequence 

 of the informatioii contained in it, I delayed paying the pre- 

 miums. 



Alexander Buc'aanan, farmer, Garscadden Mains, examined : 

 Acted as judge at the show- held in Ayr, in April last. The 

 prisoner was there that day, and exhibited three bulls — one 

 aged end two two-year-old. The aged bull was rejected i:i 

 consequence of its being blown on both sides of the tail down 

 the hips. The first and third prizes were awarded to Mr. 

 Paton'a two-year-olds. Can't say that I remarked anything 

 very peculiar about these bulls. Had I been aware that the 

 skin of the animal was inflated, or that it was furnished with 

 artificial horns, I would, acting on my own views, not have 

 awarded a prize, as I disapprove of such things. After the 

 awards had been made, the prisoner came to me and asked why 

 we turned out his a^ed bull ? I told him the cause. I don't 

 remember that he said anything to that. 



Cross-examined — If he hadnot been blown I would have placed 

 him second. I saw the bull afterwards at the Glasgow Show. I 

 was a judge there also, and we awarded a prize to him. It is 

 common to use all legitimate means to improve the appear- 

 ance of animals for competition. It is usual to comb the hair 

 and cut the tails of horses. I dou't approve of that. I also 

 judged Mr. Paton's bull at East Kilbride; it got a prize 

 there, Mr. Dunlop's did not. 



Mr. Murdoch, Carntyne, also one of the judges of Ayrshire 

 stock at the Ayrshire Show, corroborated previous wit- 

 neas. Saw nothing wrong with the two-year-old bulls 

 at first ; but afterwards, on lookiug over them again, 

 I saw a part of first prize bull raised ; I looked for a 

 wound, but could see none ; saw nothing wrong with 

 the horns at the time. It was in consequence of their 

 general appearance, when we saw them first, that we awarded 

 the premiums to the two hulls ; had I known that one of the 

 bulls had false horns I would have reported it to the commit- 

 tee. 



Cross-examined — I can't say that the swelling improved the 

 appearance of the bull. I saw him at Paisley ; he was not 

 swelled there; I thought he looked as well as he did at Ayr; 

 he got the first prize at Paisley. I did not see the swelling on 

 the two-year-old bull till after the prizes were awarded ; I did 

 not think it necessary to report it to the committee, the other 

 judges having left. I saw nothing wrong with the other two- 

 year-old bull. I saw the two-year-old bulls about two months 

 after — one at Mr. M'CuUoch's, and the other at Colonel M ' 

 Douall's of Logan. There was no difference on the 3rd prizg 

 one, but there was a difference on the horns of the other ; it 

 had horns of its own ; they were middling good. Supposing 

 I had seen it at Ayr in the same condition as at Colonel 

 M'Douall's I can't say that I would have given it the first 

 prize. The horns operated a little on my mind, it made the 

 animal look showier. I was a judge at Ihe Stranraer show; 

 this bull got the first prize. 



Uavid M'CuUoch, factor at Auchuess, s»orn — Was at the 

 show at Ayr in April last. I bought two , bulls belonging to 

 IMr. Paton, one for myself and one for Culoiitl M'Douall ; I 

 wanted to l<uy them before the awards were made, but Mr. 

 Paton wouldn't sell them theu. I paid £30 for the first-prize 

 bull, and £20 for the third. They were both ticketed as prize 

 snimsU. iieforc paying the money I asked if the bulls were 



