MAGISTRATE’S COURT

Hokitika Guardian, 1 August 1929, Page 6

MAGISTRATE’S COURT

THURSDAY, AUGUST Ist. (Before W. Aieldrum,. Esq., S.AI.) DEBT CASES. Judgment for plaintiff was given in the following cases:— W. H. Stopforth (Air Elcock) v. Alex Muir, claim £l, with costs Bs. Same v. Ed. AlcGuigan, claim £2 6s Gd, with costs 24s 6d. Same ,7 . N. Rocluford, claim £4 17s 6d, with costs 27s 6d. •Same v. R. Stewart, claim £1 12s, and costs Bs. I OPOSSUAI TRAPPING. The P-Ji-o charged Claude Alorel with illegally trapping opossums. Air Murdoch for defendant pleaded guilty. Sergt. King stated on 31st Alay, the day prior to the! opening of the opossum season defendant had his traps laid and two opossums were caught therein. Fined £2 and costs 10s. LICENSING ACT. The t»o1 f*li n vrrprj residents with being on licensed t mv'”m*‘pc illegally after hours and convictions were recorded as follows: One offender (Commercial Hotel) lined £2 and costs 10s. One offender (Alasouic Hotel) ordered to pay costs 10s. A prohibited person charged with procuring liquor was fined 5s and costs 10s, and with being found drunk was convicted and ordered to pay costs 10s.

BOROUGH BYE-LAWS. AY. E. Gaylor, Borough Inspector, (Air Park) charged J. P. Coulson with allowing a horse to wander. Fined 20s and costs ''7~- 6d. Same v. Geo. Holley, a charge of riding a cycle at night without <> light.' Fined 5s and costs 20s 6d. Same v. L. Ivirwan, a similar offence. Fined 5s and costs 20s 6d. Same v. H. Parker, a charge of allowing a motor car to stand without a proper light. Fined 5s and costs 20s 6d. OPOSSUM, CASES. • R. Alillson was charged with failure to produce his opossum license when requested to do so by the ranger, A. Cedernian. Defendant pleaded guilty, stating he had left his license in his other clothes, but he had given all the information asked for. Air Park for prosecution agreed that the statement was correct, and the offence only a technical one. Convicted and ordered to pay costs 10s, counsel’s fee £1 Is. OTHER. CHARGES. ' Samuel Augustus Case,' senr. :and S. N. Case were charged with failure to produce opossum licenses to the-ranger when demanded.' Defendants stated they had told the ranger-that they had left the licenses at home. Air Park for prosecution acknowledged this was correct, but the regulations ordered that licenses must be carried on the person. Convicted and each ordered to pay costs 10s, -counsel (fee £1 Is. The same were charged that they did not visit all opossum traps daily between 27th and 29th June, and pleaded not guilty. Evidence was given by defendants that the traps were snowed in for several days. The traps were set 3000 ft to 4000 ft up and it was impossible to visit the ground, several feet of snow being on the ground. Hisi Worship said the charges should not have been brought under these circumstances, and they would he dismissed.

ILLEGALLY SET TRAPS. F. Havill was charged with setting an opossum trap on a tree, which was against the regulations. Air Elcock for defendant pleaded guilty, stating the lad was unaware of this regulation. Fined £1 and costs 12s, solicitor 21s. John F. Bergmann on a similar charge pleaded guilty and was fined 20s and costs 31s.

Albert Edward Payn was charged that he did enter on State Forest without permission, and had set opossum traps. Air Elcock for defendant pleaded guilty, stating that not knowing the country he thought he was on ’Crown lands. Convicted and fined £1 and costs 31s. i DEFENDED CASE.

Albert Edward Payn, Joseph H. Payn, and XVilliam Randolph Case were charged that they did not visit all opossum traps set once daily. All’ Elcock for defendants pleaded not guilty.

Albert Cederman gave evidence that lie was a ranger. On 28th' June in company with Norman Morel of the Forestry Department, visited Kawhaka Valley. Discovered traps set along main track as far.as Clark hut on 28th •June. On 29th June lifted all the traps and brought them out. The three defendants went to Kumara on 2“th and did not return till between 2.30 p.m. and 5 p.m. on 29th. Saw defendants on Ist July at Hokitika, when they claimed 32 traps, but that they were not set. There were 73 traps, 41 being set. He did not know whose traps were set. To Mr Eloock—There, were 12 trap* unset at the hut. Also 22 traps in s> sack further on. Defendants claimed their 32 traps were not set. William Gilpin gave evidence the l when camping along Old Christchurch Road on 29tli. June, the tw~ !* and one Case came to the camn. Case said that Morel lia'd taken 80 traps and all their snare ohdlip«. This was at 10.30 p.m. He did not mention whether the trans ivere set or' not. Norman Morel cave evidence he wa« a ranger for the State Forests. Visited the scene on 28th. June and smv traps. Next day with Cederman < ~ n '- lected the traps and took them out:' Saw none of the men till the 2nd. July,

There were no other trappers working in that vicinity. Tnc only other trappers in that vicinty were the Forsyths, and they got their stores by way ol the rough Wainihinihi. Harry Brown gave evidence he was a Forest Banger. On 29th. June, about 10. JO p.m. two Payns and Case came to their camp. He endorsed Gilpin’s evidence. Martin Stephens gave evidence lie was in the employ ol the State Forest Service. He endorsed previous evidence. William Randolph Case gave evidence that he was one ol the deiendants. He went out to Kumara with the two Payns on the 2/th. June. They had no traps set. He had 12 in the hut and 24 in a bag behind a stump on the track. The traps along the track were not Payns. They were setting on Terawhate.. He had letter from Griffin warning him to remove traps from the line of race. They were not his so he did not touch them. Albert ..Edward Payn, a defendant, gave evidence that on 27th. when he went out to Kumara the- traps were brought off Terawha. e to about 5 miles from the camp. There were 90 in one heap and 15 in another. The 90 were missing. He did not report the matter to the police. The traps set on the ■ track did not belong to witness or Case. They had been set for a fortnight. Joseph H. Payn, another deicnJant, gave evidence tnat when lie went ut to Kumara their traps.were left in two heaps on Mills track, about 2F miles from the track. When they returned on the 29th. the traps were missing except 15. He only had 25 traps and had not got an opossum in them. His Worship said the offence with which the defendants were charged was that they did not visit all traps set daii.y between ,27th and 29th. June. It was admitted by the defendants that they did not go out on the 28ih. but they claimed they' had no traps set. The onus was on the prosecution to prove that traps were set. The defendants. denied those traps belonged to them. He could not convict on the evidence. The charges would be dismissed. FURTHER CHARGES. William Randolph Case and Albert Edward Payn were charged that having possession of opossum , skins on July 2nd, they refused to allow the Ranger, A. Cederman, to inspect them. Mr Elcock for defendants pleaded not guilty. Albert Cederman gave evidence that lie was a Ranger. On 2nd July saw the two defendants. Asked them to produce their skins. This was at the. Conservator of State Forests Office. They refused to produce them. After a few minutes they agreed to produce them, xhey asked if he would go to Kumara for them. Witness said he would go to the end of the world to see them. Later defendants refused to produce them. Then went to the Sergeant of Police, who showed them the Act. Then Case took the Sergeant to Houston’® store and showed'them. Witness followed behind and saw the skins. He took possession. of the skins because they were alleged to have been taken off State Forest. To the Magistrate—He was employed by’ the Society’, not by’ the State Forest Service. When lie saw these men they were not carrying any opossum skins. Later lie found them in the possession of Mr Houston. Norman Morel gave evidence endorsing the previous evidence. His Worship said it did not appear to him that any offence had been proved. These men were lawfully in possession of certain skins. What right had the Ranger to ask for the production of the skins. He knew the men had licenses to trap opossums. The Ranger had apparently’ gone out of his way to assist the Forest Service officers. It was no* offence to refuse to go at the heck and call of any ranger to show any' skins they had. The skins were not in their actual possession when asked to produce the skins. The cases would be dismissed.