R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3202, 11 May 1889, Page 2

R.M. COURT.

MASimTQN^FBIDA^.

I (Before l^::;^jA^W.Kenalll i. " Fish : The. : three accused ■;::Were!.-iheM|[ ; :; charged with having ;lrbut-ih;theufl| possession: duringthe A '-', Constable Cooper Btated that, von; " r vr information received lie ..took oat; a :-'"; search; warrant, and;searched ; the : : v places of>llie three'iiccusedr-'He , found three trout in Hounßlow'B place-;':: butv could find none, onithajproperty ■ .-.: of: thei othe'rsv Honrislovf, |Bhowed ..; birafihe fish, ; wbioiVlij9;toSlc frfm V Z ■ cupboard. The .-.fish were .fall. of. K : ova/ .. ',-;':. :H': ';■■■■)}

Mr Pownall submitted'thatby.the. > evidence of the* fp'mei ; base: Hoiitislow , _ was the only had trout in hfs possession. ; lhe others might have been accessories to the fact, but' < v i there was. no penalty for. that.:. He ■'/■ submitted that Hounslow, in taking .; a dead trout from the water, had done., no worse than many of those'who , • used prohibited-bait in taking- live fish from the water. attempt to conceal the act o! taking the troutr as it'was'done in broad v daylight, and in view.of other parties.-::», , Henry Hounslow, sworn, Wafe: ;. one of the accused. Somemberel|t' the morning of BfJth-. April, -:Was>V ohopping wood, when Paaake.passed. at 6.80. Went to Collier's to seea deer skin, Wlien there, heard a. report, and sa* awn on the-river .•■;■' bed. ; Wont, to the pool and saw the - r , water disturbed, and a trout on the, .' opposite bank. They then.,returned to the tannery. When they, first board the report they took it to be a gun Bitot. Next morning Paaake"■.:pa6sedj again on his way to the cemetery. '.While.there..,they" r saw> . Collier on the river in" a boat, . went; across. While Collier-was y taking the liors'e away/Paaske and ;V witness took ttio boat, and got three ■'" j' trout out of the bottom of the river. :' The fish produced were the ones he •? took.; Thought it (Do,'.harm; taking ;Y\ dead fish from the water, : '" : ■

By Mr Beard: Did'not know what killed the fishi . The report appealed to come from the'direction of Wilson's mill. Saw a nian, who' went: away when they advanced and walked towards him...-. Was'quite, sure the water.was disturbed.. C'oujdjQ not say whether Yijkerstaff W& 1 . marked on the disturbed state of the water. When in the Cemetery with :;■ Paaßke-the second morning, saw X Collier,"and went ;down to get the- - trout which they Baw the previous morning. Gofc'threo, which he put in a sugar bag, The.sugar bag he picked up on the bank, and it had contained lime, .Collier informed them when they went down that.he was going to get some of the trout. Would swear ho gave no Irout.away. By Mr Pownall: Paaske, to get to the cemetery, had to pass witness' place. . They arranged to get, the trout while on. the way from-the cemetery to Collier.

His Worship, in giving judgment,, said there was no evidence tp connect / accused with the use of the explosive substance, and the information would therefore be dismissed. 'On tirfltf' seoond oharge of having trout in possession during the close seasonT the case againßt Paaske and CoIHBF-» would be dismissed. The evidence" J 0 against Hoiinslow was very clear, Y apart from his admission. However, J. taking into consideration the manner j in wbioh the trout came into his !'- posMSßibp r b.e would/rafliotthe mini- .(-; mum penalty of JB2 and costs.' With' ! '% regard to the use of explosive sjib- ' stance, the maximum penalty was i£so, and in case ol & conviction h« would not hesitate to inflict it, '