ALLEGED POACHING OF WHITEBAIT.

Manawatu Herald, Volume XLIX, Issue 3872, 17 November 1928, Page 2

ALLEGED POACHING OF WHITEBAIT.

ANOTHER “DRAIN” CASE. ACCUSED GETS BENEFIT OF DOUBT. At the local S.M. Court on Thursday, before Mr. J. L. Stout, S.M., another case arising out of the (notorious “whitebait drain” at Manawatu Heads was ventilated. William Royal Hartley was charged with, on October 7th, at Manawatu Heads, using a set net in the drain for the purpose of taking whitebait. Accused was represented by Mr. Cooper, of Palmerston North, and entered a 'plea of not guilty. Constable Owen, Inspector of Fisheries, gave evidence as to the closing of the drain to whitebaitcrs. On 7th October he proceeded to Manawatu Heads about 9 a.m. for the purpose of paying a visit to the drain. When proceeding up the creek, from its mouth he noticed defendant on the right hand side of the drain about six chains up. There was also another man on the left hand side. Both were stooping down over the drain. The man on the left suddenly looked up, saw witness and bolted into the scrub. Defendant got out of the drain and walked down to meet witness. At the spot where the two men had been was a large set net (produced), set right across the drain and there was a tin with whitebait in it on the bank, where Hartley had been standing. There was also a stick on the side of the bank used for securing the net. Hartley denied that he had been fishing in the drain and said he knew nothing about the net nor did he know who the other man was. Mr. Cooper: When did you first see the other man? —When about six chains off him. You chased him? —Yes. Could you see Hartley all the time you were chasing this man? — Yes, except for a few seconds. You are certain it was Hartley? —Yes. Did you see anyone else?—Yes, a boy rushed over to the two men from the cowshed near by on seeing me and gave them a warning. You did not see Hartley lift the net?—Neither man lifted the net. They were both stooping down over it, Avhen first seen. Mr. Cooper said his defence would be a complete denial of the charge and placed Hartley in the box.

In evidence, William Royal Hartley, who gave his occupation as labourer, oj Manawatu Heads, said that the day in question was a Sunday and he and his brothers had arranged to go shooting at Himatangi with a man named Robert. With Robert, witness went down to the drain to pick up his brother, who was working in a cowshed on the bank of the creek. Almost as soon as he got there he saw Constable Owen walking up the drain. He also noticed a net set in the drain and the Constable chasing another man. He came back *n a few minutes, lifted the net and emptied the whitebait out. Witness could swear he had neither set the net nor used it. Constable Owen: What were you doing stooping down over it? —I was never on the edge of the drain. The nearest I was to the net was 15 yards. Crispianus P. Robert, retired, resident of Manawatu Heads, said lie went down to the creek with defendant. They arrived there only three minutes before Constable Owen came up. He could swear that neither he nor Hartley had anything to do with the net. They had intended going out shooting in witness’s lorry and had merely called at the cowshed for defendant’s brother. Constable Owen: Where was the lorry?—At home. Yon didn’t go down to the creek in the lorry?—No. Witness said lie was talking to defendant’s brother between the cowshed and dairy and if defendant had stooped down in the creek witness could have seen him, as he was never out of his sight. Constable Owen: Isn’t Hartley a fishing mate of yours? —We have fished together. And you are shooting mates? — Yes. Have you ever bough/ any whitebait off Hartley?—No. I have, bought some off Jensen, though. George T. Hartley, a brother of defendant gave evidence to the effect that he had been at the cowshed since 5.30 a.m. on the day in question engaged in milking. He had arranged to go shooting with his brother and Robert and they came down about 9 o’clock to hurry him up. Witness saw Constable Owen. Witness’s brother had not been at the shed previously that morning. Witness was not fishing in the. drain. Constable Owen: You have been convicted - and fined for fishing in the drain haven’t you?—Yes, four years ago. This concluded the evidence for the defence and the S.M. said on this occasion ihe would give ed the benefit of the doubt although lie had been convicted on a previous occasion for a similar offence. There was another man in the case in this instance, however, and the case would he dismissed,