S.M. Court.

Manawatu Herald, 20 November 1900, Page 2

S.M. Court.

Saturday, Nov. 17. (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. (Continuation of report.) Andrew Seabury, pilot and harbour master, deposed — Have known the river 29 years ; the tidal waters reach above Shannon ; lately have seen more tow thrown into the river of recent years than before ; tow (No. 1) i is something like but do not think it comes from the scutcher; seen tow floating about, large islands of it ; sometimes it goes over the bar and sometimes lies on the bank ; have noticed, the fishermen's nets come up full of it ; most of it floats below the surface ; gave notice to the flaxmillers by order of the Marine Department ; if tho tow waa in sufficiently large j quantities it would tow the propellers

up and stop the steamers ; if a vessel's propeller was stopped when crossing the bar she would go ashore ; none of the steamers trading here have complained, but the owners of the steam launches have complained of being towed up. Cross-examined — The navigation of the river is much as it was years ago ; it is altered by silting owing to the tow coming down ; have taken depths ; the worst condition of the river was 6 or 7 years ago ; better to-day ; it was owing to a large mass of material coming down ; could not say that the river was injured by tow in it ; Mr Wilson and Mr Anreason have complained about the tow ; reported to the Department before having heard any complaints, knowing it was a wrong thing to throw tow in ; the fishermen never asked him to report to the Department ; the fishermen complained of tow and in not getting any fish ; the only time he wrote (in August) to the Department was when one of the small boats was towed up ; the man who told me was Mr Wilson; the owner of the launch did not complain. Re-examined — Went to the owner of the launch Flower of Kent, Robert 1 Fraser, and inquired if his boat had been towed up, and he said he had been delayed a half-day ; he also mentioned several other boats; supposed it was his duty to see the river was navigable for small boats as well as big ships. Cross-examined — The launch was towed up between Foxton and Shannon ; did not hear it was at Gardner's mill. Const. Kidd confirmed Constable Forster's evidence. William Anderson deposed— He was working the s.s. Ino ,' had been at work about g months ; have had tow on propeller at odd times. Cross-examined— Do not wish to make any complaint. Edwin Howe deposed — He owned the Nina and Mataura ; the Mataura draws 3^ feet ; have traded on the 1 river since 1885 ; the propeller has been interfered with by logs, and tow ; it stopped the machinery; we had to clear the tow off; on one occasion we lost a tide. Cross-examined— Would rather put up with the inconvenience of towing up rather than lose the flax trade ; we bring down fibre at times and some put tow on the punt to keep the fibre dry; on one occasion the towing up was near town, the other occasion was near the Crown mill ; there is no spot where the river is blocked right across ; have had no talk with either Wilson or Anreason ; did not think he had been seriously inconvenienced ; he had been stopped three times completely; the last occurrence was 12 months ago. 'Re-examined — We carry by the launch and by a punt. Frederick Hatfield deposed — He was an engineer and was in the Florence ; she draws 3sft ; seen tow occasionally in the river like exhibit No. 1 ; this was off King's mill ; have seen heaps of tow floating down the river. Cross-examined — Have been ioyears on the river ; sooner have tow every week than have the mills stopped. Hans Anreason deposed — Have lived in Foxton for 18 to 20 years ; been fishing all the time ; have noticed plenty of flax in the river ; recognised exhibit No. 1 as a fair sample ; have seen similar floating, about river and in nets ; nets are placed partly across river. Cross-examined — Allowed to net any part of the river ; have not complained to any one in particular ; have spoken to Mr Seabury ; have not written to the Department but should have done ; Did not think tow killed the fish except eels and trout. James Wilson* deposed — He was a fisherman and had lived at the Heads 25 years ; been|fishing about; 15 years ; have seen a bit of tow in the nets, bad not seen it in the river ; have seen large and smalls quantities floating down. Engaged at times shifting the buoys in the river. Robert Fraser deposed— He was owner of the Tuna ; had been trading on the river 4 months; have seen small quantities of tow ; his propeller had been interfered with at Paiaka; had to stop to clear the propeller. Cross-examined— Paiaka is about 12 miles up the river ; have nothing to complain of; the trade on the river is a very important thing. This Mr Ray declared to be s case. Mr Hankins asked if he had anything to answer as the section contemplated the casting into 4he river pla , substance which would cause the shallowing of the water by silting as it was the duty of the Magistrate in addition to imposing a fine to order the removal of such substance at the cost of the accused ; he asked whether prosecution had proved one single fact tending to injure the navigation of the river ; if he did he would haye to call all the captains here ; his Worship must be well aware that in England all the rivers had refuse discharged into them, and therefore the complaint must be the impeding of the navigation ; the witnesses had no complaint to make but they were prepared to put up with inconvenience for the trade ; it is hard to conceive why the Minister approved of the prosecution ; he thought Mr Anreason was the real culprit; he submitted there was not one iota of evidence to justify a commitment ; the charge must be proved up to the hilt. He was instructed to say the millers undertook to do their very best to stop any debris getting into the river. Mr Ray said that the charge was doing a thing tending to injure navigation. He ; held that this has been shown and were entitled to get it stopped. The Magistrate without calling for evidence for the defence dismissed the case. CIVIL OASES. Judgment was given for plaintiff in the following cases : — Collins v. Andreason, claim £2, 10s costs; Wunsch v. Imrie, claim £1 ißs, 5s costs; same v. Fraser, claim £3 is fid, 5s costs ; same v. Fiford, claim £3 8s sd, 5s costs; same v. Mrs Anderson, claim^gp £1 13s, ss; Borough Council v. W^^^ Anderson, claim 17s 4d, 5s costs ; same v. J. Walls, claim 6s Bd, 5s costs^ Westwood v. Blanche, claim £6 is gd,

Costs Bs, solicitor's fee 15s 6d ; Westwood v. Hodgson, claim £1 ss, costs us. JUDGMENT SUMMONSES. Ray v. Burr, ordered to pay £2 per month ; first payment 17th December next ; J. P. Innes v. Kohika, ordered to P a y £& 7s 5J on or before 17th December next, or 7 day's in Wanganui Gaol.