"PERTH" TIMBER.

Hokitika Guardian, 22 November 1921, Page 1

"PERTH" TIMBER.

FIXK FOR REMOVAL. OR EYMOFTI I. Xov. 21. The legality of removing timber washed up on the beach from the stranded Perth was tested in the Magistrate's Court to-day when Hugh I.owtlier, ul Cobden, was charged under tlx' Justice of the Peace Act. with the theft of timber valued aL £l. the property of the Melbourne Steam Ship Coy. Defendant pleaded not guilty. Senr.-Sergt. McCarthy, said that the case had been brought forward to serve as a warning to the Cobden people th.Vt thev had no right to remove the timI or. which was till the property, of the vessel's owners. The charge could have been laid under the Crimes Act, Which would render accused liable to M years’ imprisonment in the event of a conviction, lull as (lie case was merely a test one they laid it under the ..instiles of the Peace Act. People seemed to thinli that the timber I"'longeil to them if it. was washed up on die beach. It was costing the Company Co a day to protect, its property. Constable Baird said that he and a man named Caughley had warned defendant and others not to remove the timber. I.ater lie and Caughley saw front the tip a horse and dray being loaded smile distance along the bench. The dray went awav and returned lor a second load, 'lie went along with Caughley and thev saw defendant returning for a third load. .1 1 illts Spiers Robertson, nl Wild and Robertson, agents for the Perth, said lie cargo consisted of red and white pine, all board timber, lie had visited defendant's place in company with ( . nstablc Rail'd and found the property w hich he valued at £"'■ I here were also two llatelcs In-lunging to the Company. These, which could not he replaced in Creyniouth. would lie valued at £1 each in Australia, lie recognised the brands on the end of the timber. Xo one hut Captain McDonald, master of ihe vessel, and himself could • •i\ e authority fnr the removal of the property. The instructions of the I nderwriter- were that no timber was to he remee, i d.

Aritlmny Henry Caughley. employed in look ing after '. imher washed ashore from the Perth, nu'-ohorated tile eviilenee o f Culls! able Rail'd, (living evidener n.. his own I,"hall. the accused said that he understood the warning was te 1 ate Mo “good" I imher I!e ad mil led Ia! ing Ihe t imbci. but it was mostly broken umber, and be did not think it was stc'liug. “If a dead cmv was found on the bench.” said witness, “the owner would be glad it someone tool; it.”

“Vos." said the Magistrate, smiling, “but a. dead cow lias properties which dcol t imher has nut '” Tc Scur. Sergt. McCarthy: He knew the limber warn not his own. lmt he thought that as the vessel had been abandoned anyone was entitled to if. The Magistrate said there was no doubt that a conviction must he entered. As pointed out by Sonr-Sergt. AU'Cnrthy. ihe defendant was liable to he in limed under the Crimes \et with serious i nnse<|umices. The punishni’eiit under the .Instices of tile Pearne Act. was three months' imprisonment or a line not exceeding £2O. He was quite willing to believe that defendant was not aware that the removal of the I imher const ii uted an , Ifom e. hut there was no doubt i' ot the legal position. As there seemed to be -some confusion over I lie mn“"r wo,-Ft r»,e used

mo more I D;n 1 To. ‘nrl order him to pn Cl costs. Amv similar t rse w , i ,| ij jint. he <lonlt with y*» lenient Iv.