R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3201, 10 May 1889, Page 2

R.M. COURT.

MASTERTON-FKIDAY.

(Before Colonel Roberts K.M., ano A. W. Kenall, J. P.)

C. P. Skipper was fined 5s for allowing Wb. chimney to become foul, 0. E. Daniells pleaded not guilty to a oharge of obstructing the public footpaths by allowing a load of timber to remain on the path. Sergt, Price said the timber was on the ground all one night and until 10 o'clock the next morning, Constable Salmon sworn, was on duty on the evening of the Ist, May, and observed a pile of heavy timber on the footpath iu front of the new brick building for, which defendant was contractor. Ascertained from, the Town Clerk that the defendant! had no permission to leave jfc there. Sergt. Price, Bivorn, corroborated the previous evidence..

Defendant admitted the fact of the timber being oh the ground, and stated that he was absent that day, bat had arranged that the timber was to be shifted, which was not rdone. The timber should have been 'delivered off the public street', andi until it was done he would not take delivery, Case dismissed with a caution. Chas. Collier, L. H. Hounslow, andJno. Paske, were charged with having, on the Ist day of May, being the close Beason for trout, having in theirposfession.certain trout; also having on 80th April used explosive substance for the purpose of obtaining fish.

Mr Beard for the prosecution, Mr Eownall for defendant.

!• Accused pleaded not guilty, All the witnesses wore ordered oul of Court. .

Mr Beard asked Mr Eenall to leave the Bench, as he believed one of the men was in his employ. Mr Eenall agreed with Mr Beard's contention, and intimated that he would take no part in the case. Mr Beard said that for some time past, the Acclimatisation Society had been aware that a good deal of poaching had been going on in the rivers,_ and tlso that a great deal of explosive substance was used by the poaoher, but up to the present they- had been unable to obtain any information. He would therefore ask that should he succeed in proving; his case defendants ( would be subjected to heavy punishment, for a more dastardly thing it was impossible to imagine than the.wholesale destruction offish, whether in season or out of season. ;John Ylokerstaff, a lad in. the employ of Mr Ewington, had,' on the Brd April, observed defendants on the riverbed, end gave information to Constable Cooper,who discovered in Hounslow's house three trout prepared for the table,

John Viokerstaft, Bworn, deposed he remembered the morning of Tuesday, Ist May last, Was in the cow yard, and heard an explosion, whioh frightened the oows. Took no particular notice, but shortly afterwards heard voices, and looking over the bank saw tho three defendants, Witness said" What is the noise," Collier replied he did not know, Shortly ! afterwards Bob' Ewington came up, and on being told looked over the bank,- and pbintedjto certain people who were leaving the river, Only knew Collier. On the same Morning when taking the fish out of the river in oompany; with Ewington Collier came up, when witness said" This looks nice'"' upon which Collier said "It. must be old Wilson blowing them up," About five o'clock that evening saw some more M, and was trying to get them out. Collier oame over and helped to got them out.with a boat after tea, Witness agreed, but was advised not to do so, Collier said something/ about the stuff riot being deep enough in the water, or it would" not have made such a noise.. Next morning saw the three defendant picking fish out of the river, Jext; day Collier said he knew who had. informed against

thein.> a new rafegettirig the Jibuti" of;, the river.; Noticed aom'ethiiig-: like IpbwderTiti tUe ofy-Ewington's I band; ': Had -not spbterirto either of theotliet two .;.Bys;Mr;•■ Pownall;., -Kneiv/> the difference between powder and dynamite. ■ Had seen no dynamite lately. Had hadno,trout before taking those out of the rivor. Had never seen trout in Ewington's bouse.' 'Had never Been any other persona using, dynamite, in the river. Had seen persona catching trout with, their hands. Was quite sure what be saw on Robert Ewington's bands was not sand, i '■■: The report • he heard was somewhat different' from the report of a gun, Went down about-ten ■minutes afterwards. Saw the three men. They were doing nothing at the time, Two were together, and one'was a little distance away. . Bid not notice any of them with fish. Did not see them go away, until they were .pointed out by • • Ewington, Noticed nothing particular; :aboulj their actions. At eight, o'clock, be' saw Collier again,; and pointing to the fish, said: " This' looks : hice!" Hereplied: "It must be old; Wilson." Collier then went away.'; At 4 o'clock, he again esw Collier,' when he said," I wonder how them out," referring-to the tat in the water. • Saw 16 or. 17-trout,-and thought they would average- two pounds eabh. The exact" words Collier used in a subsequent conversation was: "Thestuffwaan t down fafenough, oritwould't have made such a noise." 'Saw the defendants taking fish. They were in a boat at the time, Saw them take 14 or 15, and called their attention to another : fish in the WAteri Was quite certain as to the identity of • defendants. Would not swear they made' the explosion. .... By Mr Beard.—Wilson's place was becween-J.and J a mile down, the stream. Saw the fish-produced, 1 and would Bay they-'were about the smallest.

By His Worship. Saw Paaske and Hounslow with 14 or. 15 M, Where I first saw the men, was close to where I afterwards saw the fish, Collier was the only one whose employment would take him in' the vicinity of the spot. , By Mr Beard.—Could swear the explosion occurred where the defendants were standing, as he saw the water disturbed ten minutes afterwards. Had been in ' Ewington's employ since January last, and had never seenHounslow 'or Paßke there before.

Eobert'Ewington, 11 years of age, having been cautioned as to the naturs of an oath, was sworn. : He remembered tbe 80th April last, and knew the last witness. Saw him take two fish out of the water. Saw no one near the river before he went to school. Saw something like powder on his hands, after taking the fish out of the river in the afternoon. Saw other fish that afternobn-about seventeen in number—in- the river. The remainder of witnesses' evidenoe was of a corroboratory nature. Cross-examined by Mr Pownall— Yiokerstaff called him] down to the riuer to eee.the fish in the water, Saw the three.accused that morning, but they had nothing with them at the time,

Charles Cooper, sworn, was a constable, stationed at Masterton, On the Ist May went down to inspect the. Waipoua river. : The spot alleged to have been dynamited was situated under Mr Ewington's bank. Saw. several fish there. The fish were lying dead at the bottom-of the water. Three of the fish were close together. Went down a second time a couple of days after. Went to Mr Emngton's stockyard from' whence the boys saw 'the fish. The water was clear and witness Baw several fish lying dead. Cross-examined by Mr Pownall: Should say from the position of the fish that they were killed by an explosion, as they lay within a radius of nine feet. In his opinion dynamite would have killedmore fish than he saw lying dead. A person standing on the rails of the stockyard could' about see the heads of anyone standing on the edge of the pool, An explosion in the pool would be heard by anyone in the cowshed. The report of dynamite would be very different from that of gunpowder. This dosed tb-j oase for the prosecution.

i Mr Pownall, for the defence, 1 stated that the prosooution had failed i to show that the spot was a public • fishery, and he contended that-the case must fail. He submitted that . on the evidence defendants could not beoonuected with the report in the river. Undoubtedly, had they gone ; to_ the river with the intention of using dynamite, they would have : taken instruments to procure the 1 fish, Hounslow intended to plead , guilty to the charge of having fish in his possession. Hounslow and Paaske had gone to see a deer skin which Collier was tanning, and while there heard the report, Later on in the day Hounslow and Paaske saw] ; Collier from the Cemetery, and wept' oyer, They saw the fish, and Houn- , slow got three out of'..the water by the-use of a boat, ■ The fish wero those produced in Court. The whole acta of defendants wore totally inconsistent with guilt, Chas Collier, sworn, in answer to MrPownall, deposed to being one of the acoused. Kemembered the 80th April. At half past six got up to feed Ins father's horses, and Hounslow and.Paaske came down afterwards to look at a deer skin whioh he was tanning. 'While talking afterwards heard a report. Witness said'" What oan that be." On looking down Baw someone there .who went away through the flax across Ewihgton's seotion. It would be fully ten min. utes after the report before they went to the pool, Saw the water was muddy and saw small fish on the far bank floating on the top of the water. Saw Vickerstaff on the bank, who remarked that he heard a report, and that it shook the cow shed. Witness said nothing to him about Wilson. Went, back to the shed and the others left,. Saw Robert Bwingtonrun down the bank, and went over.: When he got there saw him with two fish. Viokerstaff said ''You did not do it very clean;" Witness said "What do you mean, I have had no fish and know nothing about ic,". In the afternoon saw Viokerstaff with a fish in his hand. Also saw a number of fish in the pool.whioh was clear. Saw Hounslow and Paaeke "coming across the paddock from the direction of 1 the cemetery.: He'then talked to the bank of : , the river, after feeding-his: horse and san Hounslow in the boat getting out the 1 f\ Hesaw Hounslow. with three fish in his hand, which fish the latter : afterwards took home, Didnot tell tbe boj that if the stuff bad been put ' down deeper it would not have made ' somuohrow, Might have said that' «dynamite ha/d been lused no noise i would have been occasioned. ' !:, ' i:

■■'t.'iiiWM-u.. - Mouglftthatp^ .Wilspn'siiill tiieioiin^ould the bank, arid : cause ianjeqhUwhidhl;; wbuldvibfl slieard • a|:tli^oplt ; sb|Bd,v; Hounsiow had i .new^beeh' before Hounslow tpok ; the'iajie into the'bbatyij Never' made ;any '~ previous; Went lhefishputofthe:water^ the -previous -: evening ; -.;" mentioned' about nor.had:he told Hounslowthafc-if the'': staff hadbeed puOnJ properly |nte noise would have been iiiade.S >'■ ; ; To -Mr; PownaUri;>Theje':;;Wore i| plenty ]Mi rakei;> .and ! piKer ;(tpqls; £; knooking about his ■':■■. This closed {he ; -evidence;in thii;^ case. ' .J.'; -;V^V' Hounslow: troutin ;bii, withinv the^ * close season,; and fined 40s and/costs. 1 ■' The other iridictinents: ; were; dis-\. miEEedr,: ; 3Vw--^ ■EKETAHUN^^ Before Messrs; Anderson and Von ■; Eeden, J.P's v ;j; ..-.' James Edward Maokin was charged ; v by Constable.Roche with .taking two v, one pound-notes from a';pooket hppk.;. belonging/to' one William Harris, y? deceased. ■■. '-, : --...;.■: ; -'.'^ :; r^"i^ ;Mr6;;Pa'rson'B,;Bworn, : Btated thaW I accused oalled at ; her jlpuse :about^ I five ;• weeks ago',-, and .stated;; he'; was '■'.; hard up.;,' She' gaveVhimja; shake ;■ down, and:n6xt; day got bim;;to help about the house, for which, ahe'gave:. him five shillings on his leaving,- ; Mr Cutler, called; said; he kne,w;; accused. He,had called at his house ';.■■ alout five weeks ago; -and"'■■-ppontj;-three or four shillings, He.then left:;" to goto Alfredtpn, to work for Kenny;; and party.. .:;:''\ ■'. •;' ,'h;;-;v ;.; ..MrKenny,;,-Bwprn,,.s^ted,he J ';,iiad-'-,. gnen accused no money. L ; -?'','•:• :' . Mr Knight also stated that accused:", had received ho money.fpr hiswork;: Mr.Eenny, : re-pallod, stated;that ; ha knew deceased had two pounds jn .:■ his pocket book that were missing' after the, acoident to Harris. ,Saw accused change a one pound note, | and told Constable Boche. Accuse;! in defence said the money was his own. . Case dismissed. ,