Justices Court.

Manawatu Herald, Volume III, 21 April 1891, Page 2

Justices Court.

«. (Before J3. S. Thynne and F. Robin- / son, Esqs., J.'sP..) I /MONDAY, 20th APRIL. ./Walter Barber was charged by Constable Gillespie with being in possession of native game on the 28th of MJu'ch last, prior to the opening of the shooting season. Mr Skerrett appeared for the defendant and pleaded not guilty. Henry Walter Blake deposed that he was cutting scrub near Hunia's lake on the 28th of March last ; he saw the defendant by the lake ; on the morning of that day he had heard firing on Hunia's lake ; it would be about half-past six ; heard a good lticinv shots : he went over to see who it was ; then .saw defendant, who had a bag, gun and some ducks in a bag behind him ; asked the defendant to show the ducks ; he said he had five ducks and half turned the bag round and I saw a cluck's feet ; he said he had shot 45 ducks the day before, and that this lot would intake 50 ; he said that if r ,thej-w^€p^ght they would see iif'^^xij^M} Ijiiiere were three otheis --there ji^feriflant said they intended to shoot; through the Easter holidays. By Mr Skerrett— He met them at the lake and saw them all together ; He spoke to defendant first ; the bag was a canvas bag with netting round it ; he thought he had seen some hide the ducks ; he then asked where the ducks were ; he saw the legs and the feathers of ducks. By the Court— He had had an interview with the defendant and had said he was sorry this had happened, but that he had not laid the information ; he told defendant that he must have been foolishly talking; he made no denial about having ducks. Charles Walsh deposed that he wag^^ with last witness at Hunia's lake^p and saw the defendant ; he saw that he had a bag, with something in it, and a gun ; he saw the leg of the duck and the bag was on the defendant's back ; all the party had guns. By Mr Skerrett — The bag was not fastened ; he could see the legs ojf a duck, they were sticking out at the top ; the legs appeared tobe ; those of a black teal. By the Court — He had had. a conversation with Otho Barber since the summonses were issued ; he had said they were not guilty. Mr Skerrett contended that the summonses were not in form, but this objection not being upheld by the Bench, stated that he proposed to call two witnesses to prove that the witnesses could not have seen the ducks in the bag, and desired to know if the Bench would accept their evidence as disproving that, already given. The Bench stated their inability to accept a statement of two witnesses who could only assert a supposition, whilst the witnesses had sworn to a fact, Mr Skerrett admitted that he expected such a ruling, and would therefore not take up the time of the Court by calling them. Mr Skerrett stated that he left the case as it was. A fine of 40s was inflicted, with costs 7s, mileage 7s. The polioe withdrew the sbther summons against Walter Barber. Otho Barber was then charged with taking and killing native game on the same day, and the evidence in the last case was taken as given. The case was dismissed as it was deemed sufficient proof of " being in pursuit of " had not been shown. The other charge of being in possession of game was withdrawn, The police withdrew the case against Frank Dyer. Edward Barber was charged with taking and killing game on the 28th March, and pleaded guilty. The Bench inflicted a fine of 40s and costs 7s. The other charge of being in possession was withdrawn.