S.M. Court.

Manawatu Herald, 17 November 1900, Page 3

S.M. Court.

THIS DAY. ! (Before A. Greenfield, Esq., S.M.) CRIMINAL. George Coley was charged that on the 19th Sept., 1900, and other dates, did suffer to fall tow into the Manawatu river. Mr Ray appeared for the police and Mr Hankins for the defendant. The defendant pleaded not guilty. Mr Ray said this was a prosecution under instructions from the Marine Department under " The Harbours Act, 1878 " section 217. Mr Hankins admitted the flax strippings went into the river but not the tow. Mr Ray proposed to show that on dates that will be named Mr Forster and his assistant took samples of the material falling into the river down the shoot. We complain that it is injurious to the navigation of the river. Some of the floating tow got round the propellers and delayed the vessels. Const. Forster deposed — Went down to the mills on the 19th Sept. ; constable Kidd was with him; went to George Coley's mill ; the mill was working and went down to the shoot and held his hand across it and got the handful (tow) produced (No. 1) ; held his hand there a couple of minutes ; this is the refuse of the flax ; there was some laying about the bank ; have had the grappling irons caught in it when dragging for a dead body ; have seen similar material along the beach. Cross-examined by Mr Hankins — Have been over 2^ years in Foxton ; know nothing about flax manufacture as a miller ; what Mr Coley does with tow that be does not sell he burns ; in front of King's mill the tow nearly dragged him out of the boat ; the stuff was just at the end of the shoot ; have not had complaints from men employed in fishing ; had no complaints from the Queen of the South, Gertie, Moa, Kennedy, Charles Edward, Huia, Waverley, Hiinitangi, Kiripaki, Manaroa and Opawa ; cannot point to any part of the river showing any silting up from the accumulations of these mills ; Mr Moorhouse spoke about the fishermen not to set nets above the lower end of the wharf ; flaxmilling has been carried out on the banks ot the river for the last 20 years ; the flaxmilling is I a staple industry in this district ; in I and about the district 600 men would be affected by the mills on the river. Re-examined by Mr Ray — There are other steamers trading on the river. Mr Hankins objecting, asked the witness how many other steamers are there now on the river which have not been mentiened ? Answer : The Flower of Kent, Nina, Florence, Mataura, and Ino ; they probably do not draw over 3 feet ; no owner has made any complaint, until asked owing to instructions. Re-examined — Any complaint would be made to the Marine Department. The case was concluded, the Magisthat there was no case *FcT^*swer, and further said the only evidence 9^ impeding the traffic was by owners of two steam launches, and had occurred very occasionally. There

' was no evidence to show that the navigation of tbe river had been or would be interfered with, and the case would be dismissed. He thought he would not be justified in convicting with so important an industry as the flax industry without very strong evidence being given. (The continuation of the evidence in this case will appear in our next issue.) The other cases were withdrawn.