MAGISTRATE'S COURT.

Taranaki Daily News, 17 October 1919, Page 6

MAGISTRATE'S COURT.

■ YESTERDAY'S SITTING. (Before Mr. T. A. B. Bailey, S.M.). The following cases were dealt with by Mr. T. A. B. Bailey, S.M., at the New Plymouth Magistrate's Court yesterday. MAINTENANCE CASES. Francis Hodson (Mr. C. H. Croker) proceeded against Arthur Ireland (Mr. H. R. Billing), for failing to obey an order for the maintenance of his wife (plaintiff's daughter), and for arrears in connection therewith amounting to £46 Is. After hearing the evidence the case was adjourned for three months, defendant undertaking to pay £1 per week, in default the case to be brought on immediately. In the case of an application for maintenance against Herbert G. Flyger, which was made by Mr. C. H. Croker on behalf of defendant's wife, the case was also adjourned to permit of further evidence being secured in respect to a military pension defendant was said to be receiving. The case of Corbett v. Eaves, which was commenced last week, was further adjourned till October 30. on the amplication of defendant's counsel. ILLEGAL WHITEBAIT FISHING. The Collector of Customs at New Plymouth (Mr. R. B. D. Eyre) brought a large number of informations against several men and some boys for taking whitebait by means of a race and set-net from the Henui and Waiwakaiho Rivers, the cases being the sequel to a raid on the rivers made by Mr. Eyre and his officials and a police officer on Sunday, September 28The first case taken was that against Frank Scrivener for obstructing the Collector of Customs and his officials in the execution of their duty. Defendant pleaded not guilty and conducted his own defence. The Collector of Customs stated that on the day in question he went with his 'officials to the Henui river. In the I course of approaching the river he had to cross some private property. A Mr. Smith had objected to him going across his property to the river. While going down the hill he heard someone call out in a loud voice "Chuck him in the river!" This was called out twice. He could not see defendant at the time; he was on the opposite (or town) side of tfev. rtver. In reply to defendant witness said he could not swear that the voice he heard was defendant's. "It was a loud to*.i a voice." Constable Hadler deposed to taking part in the raid. He heard defendant call out to Mr. Smith: "Chuck him in the river.* He called out twice. Witness warned defendant not to make a fool of himself, and he replied, when witness offered to show him the Act, that he knew mow" about it than witness. Witness also saw defendant attempt to obstruct Mr. Kelleher, another Customs official. Defendant's conduct all; through was calculated to obstruct the officers in carrying out their dutyW. P. Kelleher. customs officer, corroborated the evidence of previous witnesses. He said defendant tried to in. fluence the boy Ffjek not to give up his net. He also followed witness down the river when he went after other men who were fishing. Defendant denied calling out to M*. Smith as alleged or that he told Con"stable Hadler he knew all about the Act. As a matter of fact he knew nothing about the Act, and said he was prepared to stand 'by what the Act said. George. Feek said defendant did not interfere between him and Kelleher. Under pressure by the' Magistrate, the boy admitted that before Kelleher wun« along Scrivener had told him not to tell who the race belonged to if he was asked. I The Magistrate said he was satisfied there had been obstructions, but deferred sentence until the other cases had been heard. Ultimately a fine of £1 was "n----flicted. The next case called was that against a boy named Leonard Abbott, who was charged with using a system of groins in the Henui river, contrary to the regulations and, also with using a set net within a distance of two chains from another set net. Mr R. H. Quilliam, s who was engaged to defend in several of the cases, explained that it might shorten the proceedings somewhat if he stated at the outset,that his submission would be that as special regulations under which the informations were laid applied only to the Counties of Taranaki. Egmont and Clifton and some counties in Westland, and therefore, as th» alleged offence had been committed within the boundary of the Borough of New Plymouth, which was expressly exempted from the proVisions of the regulations, there was actually no offence, and the informations should be dismissed After some consideration the Magistrate said he upheld Mr. Quflliam's point, but he was satisfied that there had been an oversight and therefore dismissed the informations without prejudice. The decision affected all the cases of those found fishing in the Henui, including informations against George Feek, Clarence Dennis, Fredk. Colema'n, Edgar Coleman, Claude Revel, and Wm. Stroud. An application for the return of the seized nets was made but the Magistrate refused it, the Collector intimating that he would proceed against defendants under the general regulations of the Fisheries Act. ' John Dickie was similarly charged in respect ,to taking whitebait from the Waiwakaiho on the same Sunday - Mr Quilliam appeared for defendant, who pleaded not guilty. The Collector of Customs and one of his officials gave evidence as to aiding defendant with a set net and groins on the town side of the river, Mr. Quilliam raised the same point as in the other cases, and that the prosecution had failed to prove that defendant was taking fish in rhe County of Taranaki. He submitted that the boundary between the country and the borough was the iialf-way line down the water way anil that the town side was within the borough. The question of whether defendant was on the comity property that lay between the borough and the sea was discussed at some length, there being no clear c-idonce as tc where the borough boundary antually caml. sea erosion having caused the survey pegs to disappear. The case was adjourned for a week to allow of measurements to he made. Cases against James Tanner and Charles Hos. kin were also similarly adjourned. At a later stage, Mr Quilliam asked leave to amend the plea of not guilty in the cases of Dickie »nd Hoskin to a plea of guilty, in view of the expense of a survey and the uncertainty of their position. He pleaded for leniency on account of the fact that the regulations were little known, and as they had now heen given publicity and would be known better, it would be a warning to everyone and he did not suppose the whitebait would be taken illegally again. 1 &> Mlfistrnte accepted ta« amended

plea and imposed fines of £1 (without costs) in each case: An application was made for the return of the nets, but the Magistrate pointed ouj that the matter rested with the Minister in' Charge of the Department. Chas. Kidson was the next defendant called, and he pleaded not guilty. The evidence of the Customs officials was that he was on the County side of the river, and though he had a race in the river they could not swear that the net was in the race, though they saw him shift the net back from the head of the race. Defendant denied ever being in the race with his net. He moved his net back to get it into a more settled position, as the current was too strong. The information was dismissed. Harold Wliitliam, on three informations, was convicted and fined the sum of 20s on each.