WHITEBAIT POACHING.

Manawatu Herald, Volume XLVIII, Issue 3725, 3 December 1927, Page 3

WHITEBAIT POACHING.

HEAVY FINES INFLICTED. THREE MORE OFFENDERS. At the local S.M. 'Court yesterday before Mr. J. L. Stout S.M., Pi Rata was charged with using a set net in the drain at the Beach for the purpose of catching whitebait on 7th November. 'Constable Owen, who produced an authority from the Native Minister granting permission to prosecute, said defendant had been using a large set net in the creek when caught and what bait escaped when caught and what bait escaped that was caught with a scoop net (both produced). “It was nothing short of cold-blood-ed murder,” said Constable Owen, and such methods of fishing would not be tolerated even in the Manawatu River. ' • Accused pleaded guilty and was convicted and fined £5 with costs 11 /- Alfred Batten, charged with using a set net in the drain on November 23, pleaded guilty. Constable Owen said accused was an old age pensioner residing at the Beach 1 and knew quite well that he was not allowed to fish in the creek. In the morning previously to being caught he had been seen about a local hotel and evidently a little Dutch courage had helped him along to the drain in the afternoon. The S.M. in convicting and fining Batten £2 with costs 12/- warned him that he must ■ keep away from the drain in future or he would be fined the same as the others. Edward Charles Boyle was charged with using a set net in , the drain on the 23rd November. The charge was amended to read scoop net instead of set net. Accused pleaded not guilty. 'Constable Owen, in evidence said that on the date in question he had watched accused riding along the drain about 30 chains above 1 the bridge on horseback stopping every now_and again to scoop something in .the drain, which he placed in a bag. After watching him for some time accused dumped his net in some scrub and rode off home. Witness followed on foot and about seven chains from the house met Constable Bell. Together they interviewed Boyle. Witness had been asked by the Marine Department to press for a heavy penalty •in this case. Accused then proceeded to crossexamine witness. He asked Constable Owen when, how' and where he caught him fishing in the drain. Constable Owen: I watched you for over half an hour, from a concealed position, fishing in the drain. Wlhere did you speak to me?- —At . the house. 1 Did I have any net or whitebait? —No. but you had put your net in . the scrub. I went back and got it. . Did you find me fishing in the drain any time during the season when whitebait was bringing a good price? —No, you have been fishing at the point most of the season. Do you remember what you told the two women you caught fishing in the drain? The S.M.: You need not answer that question. , * Accused said that Constable Owen had informed the two women that he had waited an hour to see what he (Boyle) would do. Constable Owen: That is not true. Continuing his cross-examina-tion, accused asked: . Do you know there is no sale for . whitebait caught as far up the drain as I was supposed to have been? — No. \ You know the drain is full of weeds?- —Yes. Do you know that whitebait' go black when they get among the weeds and become unsaleable?— No. I have seen plenty of young bait among the weed, and good saleable bait, too. And you say you’ve got good eyesight?—Yes. Aren’t you aware of the fact that unless' the bait is caught low down near the mouth of the creek it is unsaleable?: —Any bait is better than none when there is none in_ the river. \ How is it that the whitebait season was over three weeks before I received my summons? —Whitebait was on sale locally a week ago. Isn’t it a fact that you have taken tins of whitebait, nets, etc., back with you every time you have visited the creek? —Sometimes. And weren’t you disappointed that you were never able to catch me ? —I don’t know what you are getting at. You and your wife seem to think that I don’t make a point of catching anyone but you. There have been a lot of others caught this season and I have reason to believe that large quantities of ’bait have been taken from the drain despite this fact. Do you know a certain lad has fished in the drain every day this season? Also the day you waited on the bridge prior to inspecting the scene of the shell explosion recently that there was a net in the drain not 100 yards from where you were standing?—No but I saw you on horseback at the drain. fWhen did you find my net? —As soon as you left. There was no name on it to prove it was mine?—No. ■ It looks as though you found the net after the summons was issued as on the summons I am charged with using a set net. That net is a scoop net.—The charge was ammended. That was a clerical error. You don’t deny that on a previous

| occasion you sat in the lupins and saw me ride along the drain without putting my net in when others were there?—No, neither did the others.

Do you know that every bush of toi toi and lupin along the'drain conceals a net? —Yes a number have been found. Heavy fines are? necessary to make the owners keep them out of the drain.

Because you find this net you swear it’s mine?—Yes I saiv you put it in the lupins. Do you ever find any nets? —Yes. One had S. Hartley on it. Did you summons him?—No, I did not catch him fishing in the drain.

The S.M.: You needn’t answer any questions like that. We are not fining the whole of Foxton. Accused said that he could get a lorry load of nets at the creek.

Constable Bell said that he had met Constable Owen a short way from Boyle’s house and had run along to intercept Boyle before reaching home. Boyle arrived there about thirty yards ahead of witness, however, and was carrying a small black bag which looked as though it was full of whitebait. When Constable Owen arrived Boyle was questioned and did not deny being at the drain. He had not had time to have a cup of tea, when witness arx-ived. There was a gauze net in the yard that looked as though it had been made for use in the drain.

Accused: I object to that evidence, your Worship. (Continuing Constable Bell said that after the interview he accompanied Constable Owen a short distanle up the creek from the bridge and there found the net used by Boyle. '

Cross-examined by accused, wit ness said he did not see the whitebait in the bag but it looked as i: that was what it contained. ,It ap peared to be hanging from the sad die or else was held in his lef hand.

Accused: I rode bareback that day. Edward Charles Boyle in evidence, said that on the clay in question he arrived home from work not feeling at all well. 'His wife prepai’,ed a cup of tea and he went outside to get a cup of water to take some asperos when be saw the constables. Constable Owen told him he would have to appear at the Court next court day for fishing in the drain. Witness replied: “Where’s my net and bait? I suppose you call this a fair go.” He had been working up the drain all day. He had been requested by Mr. Sexton to keep the drain clear as it became blocked and flooded many acres of land. He had been clearing the weed from the chain with a drag on the day in question. i

The S.M.: Well, the next time you clear the drain use another kind of implement. It is not the propel thing to use a scoop net. was convicted and fined £lO with costs 12/-. Accused: What’s the default. The S.M.: One month. Accused thereupon left the court.