R. M. COURT.

Wairarapa Daily Times, Volume 4, Issue 850, 19 August 1881, Page 2

R. M. COURT.

masterton; Thursday. [Before H, S. Wardem, R,M. and A, W, Rbkall, J.P.] Frabbit cases, F, G. Mooro v John Dorset,—Breach of fyabbit 'Act, by not ja|dng efflcierttsfeps to destroy on' the ; Opaki! ! ' ■ Defendant said he hiid laid'poison and hupted-the rabbits with dogs, His land contained about 100 acres, Mr Moore said the acreage on the landowners })at\faa'B3§'aor6!(, ; ' Befeiidanl! aaia hia children hunted, the rabbits. His boys were about seven' and eight years of age. ' He estimated that bq had lajd jjljlbs of poisoned corn, He could not lay more/ on aqqount of his she.ep. ''•' jbe Qourt—|ou will have to do more than tljis. If necessajy, yqu wil} have to get rid. of your sheep. have already lost 30 sheep by poison.

. The Court—l shall inflict a penalty of £5 and costs, as this is the wont case which has jet been brought before me, I must jnf|ict (j heavy penalty, to mark my opinion of jt, but I will gipq you a month to pay the fine ii).' If '[ could reduce the fjne providing vigorous steps were taken' at onps, | would do so, but I do not see my way to do this. The Court asked Mr Moore if the Inspector could visit the property within the next fortnight. If so he would let the case stand over till next Court day. The lh,e consent of Mr Moore was adjourned tjll next Cjnurt day, E. G. IJbore McKdnijie.— Breach of Rabbit ' Act. Ijeferidant pleaded nQt guilty. Defendant admitted recpipt of nqtico to reduce rabbit? on his said " It is a shame and a sjn to bring an old man like me'with one leg, and on the border of the grave, up before the Court on a false pretenoe, I beg leave to ask who appointed Mr Moore as Secretary to the Trust."

The Court said any man might lay an information under this Aot, James Harvey said'he wm appointed by the Masterton Babbit Trustee's to enter upon the land. He knew the property occupied by the defendant, and had visited it several times. Babbits'on-it were very numerous. ; He'served notice on the defendant on the ! 21st of -April' last. Atthattitnetl}e ; ruri'waaihfeated,The defendant held about S}OQO5 } OQO acres' He visited the property on the 16th inst., the rabbits were still numer'6u!s,''jpar{icij-/ larly on Mr Livingstone's boundary, On the second* of this month, he visited the part of the run near Wangaehu, and found nothing had been done on that part to reduce their numbers/Defendant had laid some poison but had not taken in his

opinion effioient steps. Livingstons had laid 1,2001bs on hit land adjoining. Defendant should h»Te hid lOOlbi of poison to every 100 sores of his land, • In answer to Mr Renall, witness said Mr Livingstone's was oh the south of defendant's property, Mr Cave on the north side,-and there-was native west., . The river divided defendant's land from'the natives'land. ll There were mora rabbits qn'defendant'sland, than onjmy.qf; his neighbors!, v : ■:■<,-.-.~,~ "'"""'*' ; Defendant--When?the;river is low I :■ cbulddrink it myself. ' "" '"' Mr Eenall—You must ask questions Mr MoKenzie, not make statements. Witness said that Mr Perry leased a portion of r the nativt. land, but other portions of,it were swarming with rabbits " and nothing was done to keep them'w chock. ■" •. ™

Donald McKenzie called for the d»fenoe said'he was the son of thfdefendahK' He had taken one' half .of.;'the' fun ../<& clearing the rabbits, and another man, the other half. After the 16th of April poison was laid by three men as soon as weather permitted. They were poisoning continuallyjfora month, and two ,w;ere doing nothing else since then but laying ? poiion and skinning dead sheep. Large numbers of sheep had been poisoned as well as a valuable horse. Eighteen owt of grain had been used. They had tried the poison on the bush land, but the rabbits would not touch it. Nothing had been done on the native land. . Defendant said that witness's statement was a fair one, ■ ■' '• •' j ■'■*- In answer to Mr Moore—They had used 16 lbs of phosphorus. Mr Moore—Were many of the sheep starred to death? . 7 ■ : ;'

Witness-Some were killed by young grass. There waß not one rabbit now where there were formerly 100. He had not laid poison himself, but his brother-in-law had laid it on the part adjoining Mr Cave's land A man might' get. 20 or 30 in a day with a pack of dogs. Defendant said 60 mon would not keep the rabbits from the native land offhii property. Henry James deposed, thab he was in, the employ of the defendant, and'was' destroying rabbits all the year for him, Since April last poisoned wheat had been laid over all the cleared property, and along the bush roads., He had laid poison near Mr Cave's land four ; timeß. Rabbits would not eat grain on the loir damp ground, they only took it on'the hills. Adjoining Messrs Hadfield's and Perry's property he had laid poison five .times. He had poisoned five times all round the boundaries since May last,... In answer to Mr Moore, witness said he took aB muoh as 60 lb of grain at a time. The usual quantity for a trip wai 14 lb, but he said he laid on an average 26 lb a day, He could not say how many times poison was laid before the Ist of August. During the last 15 days had been over all the ground once, and seme, of it two or three times;" He'collected' the skins, and had got about a thousand Bines he commenced poisoning. W. Harvey, re-called, was asked br defendant who made the complaints to" him about his rabbits being-numerous! He held that it was a.plot. The witness declined "to answer the Question. : - ••—-;-

The informant asked permission to call two witnesses who had arrived late. Henry Bannister said he had been over the property with Mr Harveyon.the' 28th , / of July. He had previously been oyer it j t . on January 17th, and on February 17th. \ It was as bad with respect to rabbits in July as it was in February. They sawplenty of poison on'the road line;'and oft" a ridge,'but'none, elsewhere, 1 It Wjjulji require \m men 'right' through l!he, winter laying poison to reduce th« rabbits' on, the property. Forty or fifty nbiitf could have been not in an hour at \\i time he viiife'd t|e proper W—njjar tji'j, cottage of defendant's ion.-;. Defendant sjated that lip watched w}| : ness and the Inspector, and they did not go over half the ground, Witness said hg was, asked by BJr Harvey to go over the ground witahiu,; he received no payment for going, Defendant-nThis looked" very wipl« cinus. . i; :.-. ••, :•,,, . William Cornoek was a landowner near., defendant's propjrty. The rabbits on tha,. portion that joined his own land were, very numerous, fle should think that proper steps had not been taken to keep; them down,. Feed was very scarce on the property In answer to seen, ratibita crdssifrtjin defendant's l'ijnct to:jift Cave's, ' ' i •,"

Defendant would leave the case in hia Worship's hands. It was a plot from first to last, work of darkness, and would not bear the light, ■ Mr Moore pointed put thai moat P,f tto poison t?»8 Pflt dop sjn(;e/the jnforinaljqrj whslajd, 'i v| ! ' ' .1. ii" -i The (ionrtiaid the question the Court' had to decide was whether the steps taken were efficient for their purpose, It did not consider that all the rabbits would be destroyed within ten days, but merely:: that earnest and energetic steps should be taljenfqr tjiejr destruction, liHbp.PWi sent case, if'was eYidety that cqpsmWbfß' eforts had been made, and that so fatwaT satisfactory. Butitals'oappesredthalinihii'/' immediate neighborhood of the house oj: defendants' sons, 50 rabbits could be got in a hour-fat wa»'not fttiafagtorj'W., i it considered' for' {hfs lat% 'reaaon that the steps 1 ta|«n"wnr4 hot' efficient.' A W of £1 and cost would therefore be inflicti'df. The Court refused to grant the expanses; : "'tl'bp'iß' " .'.■":"'! '. .."/::;