RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2915, 19 June 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fraser, Esq., K.M.) DBUtfK AND DIBORDEBLY.

A Native pleaded guilty to this offence, and was fined 20s and costs, with the usual alternative. B BEACH OF THE PBOTECTION OF ANIMALS ACT. William Nicholls was charged with unlawfully being in pursuit of game at Ohincmun without being licensed so to do. The defendant, a half-caste, through Mr Brassey, pleaded not guilty. Mr Brassey raised au objection to the summons, under the Justices of the Peace Act, as the defendant, being entitled to the privileges of au aboriginal Native, had not been summoned in the Maori lad* guage. Mr Bullen submitted that the objection was a frivolous one, as the defendant had appeared in answer to the summons.' Mr JSicholls was, or had been, a native interpreter. His Worship held hat the objection was a good one, but said it would do defendant no good as the police could re* issue a fresh summons and hare him to* morrow. l ' -Mr.Brassey asked might not a convictiorTbe quashed. His Worship said he would dismiss the case uuless Mr Brassey undertook to let it be heard oa its merits.

Mr Brassey assented, aud the case waa proceeded with. ' ' " Constable Gordon, sworn, deposed—l am stationed at Faeroa. I Lave been Gazetted a Banger under the' Protection of Animals Act, 1873, and laid the information in this c >se. I recollect the 21st .o£ the, present month. I was at Paeroa on that day. -I. saw Mr Lipsey and the defendant crusa tbe river on that day with I guns and a dog. I srw the dog working between them on the other side of Hue river. They were carrying their guns in both hands. I followed them across the river, and before I came up to them I heprd several shots fired: When I got up to them I asked defendant for his license. . He said ho was on his own property, and had no licetise. He was then in a paddock adjoining one owned by a native woman named Emma. I asked him if he had permission to shoot over Emma's paddock, and he said he had no permission. He was then 50 yards behind Lipsey. Lipsey said he was going to shoot ducks, but the defendant said nothing about shoolirg ducks. Defendant aid he did cot know a native required a license. I then went away, «nd he followed after and joined lipsey. Ey Mr Brassey—l did not see defendant fire, but heard tL :ee sh^s in succession. Lipsey had a license with him. Defendant said he was on bis own land.

! William Nicholls, the defendant, sworn* , deposed—l have have beard the evidence of Constable Gordon. I hare a claim over the land. I was shooting on ground under Native title. There is no one .'i occupation of the 'and. ' - His Worship said that the defendant had bee a previously convicted of a similar offence, and had been let off with a nominal penalty. lie would now be fined £5, and costs; half of the fire to go to the informant, Constable Gordon. Court adjourned.