RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2555, 15 March 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS BAY.

(Before W. Fraser, Esq., E.M.) \ t ■; l'"■''■ ''' ■'''iNP'EQBNpt. " ■■'" : h

; Richard Martin -was charged with indecently exposing his "person in a public place, to wit, Eyre street, Thames, on the 14th inst. ..-■«... „■;,'., .. ....•,.. „ :,.....?•■.'.■

: Defendant said he had been drtinkand knew nothing about it. s . . ■;■••! Mr Sub-Inspector'Bullen said that the .defendant had exposed his person to three little nhildren, but their parents would .nofc: permit,them tot'be brought'to the, Court or he would Jiave:laid fa charge of vagrancy. When arrested, the defendant said he was making water, and the children were playing about. His Worship said that if Mr Bullen

had not the evidence to support the one charge he would not have it for the other. He then asked Mr Bullen if he had further evidence, and was answered in the negatire. ...... . His Worship said that he hoped the defendant had not wilfully committed the offence, hut as- it was he would be discharged as' there was no evidence against him.

. TnANSFBII OF LICENSE. '. George Bunks applied for the transfer of the license held by him for the Hape Hotel, Hape Uoad, to Eichard Fieny. Mr Macdonald appeared for the applicants 'Granted; 6-' ' " " ""

(Before W. Fraser, Esq., E.M., aod~ E. _r .W.-Puckey, Esq., J.P.)

BBEACH OF THE PEO.ECTION FOR ANIMALS ACT. Albert Bruce and Charles Colley were charged with unlawfully having seven wild ducks and four teal in Iheir possession on the 3rd' February last. Mr Macdonald appeared for {lie defendants, who pleaded not guilty. Mr.;Sub:lnspector Bullen put Am ;evidenc'efhe Provincial Government Gazette No. 11 for 1876, proclaiming that Native ; might be shot during the months of < »prii, May, June, and July. He also produced a General Government Gazette of:<the present year appointing Samuel Brennau a ranger under the Act. Samuel Brennan, sworn, deposed—l am arrangerrUnd.er the Protection for Animals Act, 1873. I laid the information in this" casQ.^ This is the proclamation (produced), which proclaims the time whon game may be 'shot. '; I/recollect the 3rd February last. My attention was directed to a boat coming towards the, Goods Wharf from the Piako. In consequence of that I had jsome; conversation with Constables Wig;more and Cleary. I served a copy of that summons (produced) on Bruce on the sth~ of this month. He said " They cannot ;prove that the ducks were in my possession.' 5 Colley was not there.

Constable. Cleary,. sworn* deposed—l recollect having a conversation with Detective Brennan on the sth of lasimontbv Constable Wignipre was present. Our attention was drawn to a boat in the bay •under sail. In consequence of what Brennan told vs 1 we went:' to therGfbqds t Wharf and watched' the boat A J' nlt came ''to the t steps at - ,the' wharf, and I saw the sail" taken down by the persons 'in the boat. The persons in the boat then folded the'sail' up, and Bruce and Colley came put on-to the wharf. I did not see them* bring any- v thing out of the boat: i I did not see any one left in the boat, nor did I see any one in the boat when I went down the steps. When I came up -on the wharf I saw a dray with the two defendants alongside of it. We stopped it and searched it, and saw a lot of birds called sand pipers, and two fowling pieces wrapped up in blankets^ Wigmore said " Have you. got any ducks, Bruce,"' he said " No, worse luck/ TheTiearch occupied about two minutes. We had a clear view of the boat nil tfo time/,and s l saw that no one went "near it. We then went down into the boat. There was the name Policeman- on it. We searched it and found rolled up in the sail 7 ducks and 4 teal. IJbrought them up to the station. The men were gone when I came back. - No one could have gone on board the. boat when we were searching the cart, s - By Mr Macdonald—The boat was, on the Grahamstown side of the wharf. We took the birds to the station and left them there. The teal were brown. »%l - Constable Wigmore, sworivdeposed— I recollect the sth of "February last. Cleary and I and Brennan were watching a boat. .It came to the Goods Wharf. I saw'the occupants take down the sail and roll up, something in it* Before they cameSoufccl identified' tße~ defendants, Bruce and Colley. -They came out and weite .alongside a.dray, which we searched, and found, some .sandpipers and a parcel done up-in blankfetsfr (Witness'corroborated the former witness evidence). By Mr Macdonald—Wild ducks are smaller than' iame'ducks." I know these werewild ducks, -, r ; [±j ?* ■: '_ v■ r Mr Macdonald addressed the Bench. He said that this-information-must fall through as no one but the ranger could take proceedings. Brennan^ad-^aid^he informatioriTanci though Be was ""a "ranger now he had not. been one when the alleged offence had taken place. It was not open for-him to take up old offences and he hati noiright to travel back even a day. Mr Sub-Inspector Bullen said that 1 the information had* to be brought within' sixmonths of Jthe offence,. "\- ---•Ttie 'Bench, said they considered • that the appointment of the ranger was not retrospective and he would have to dismiss the'charge on the law point though they were satisfied that the offence had been committed., - „ - Court adjourned.