The Wairarapa Daily. SATURDAY, MARCH 12, 1892. TWO GREY DUCKS.
The infliction of a ten shillings penalty in a cace in which the diffi culties of detection are almost insurmountable,' and the prospects of a conviction are ordinarily only short of a marvel, is apt to be discouraging to the police, but it id to be hoped that they will not lose heart, and that even yet the Eeaident Magistrate may have an opportunity of supporting their zealous endeavours by an adequate judgment. Shooting out of season and illegal fishing—it is in connection with a case of the former that our remarks are made—are offences which arts only too common, and the chance of securing an offender red-handed is so remote, while to endeavour ta prove an offence on circumstantial evidenco is usually so unavailing, that an example should certainly be made of anyone who is caught in the act; or who, indeed, is proved guilty by any proper process. Ten pounds rather than ten shillings would be a fitting penalty to inflict, and as the law which regulates these matters is broken by all classes alike, it would for preference be welcomed that a man of prosperity father than one who is poor should be ho who ia to afford the example of just retribution, and act as a deterrent to others. Until a really heavy penalty indicates a determination to make people obey the restrictive laws regarding shooting and fishing, framed as they are for the benefit of all genuine sportsmen arid for the preservation and increase o£ game, warning will not be taken, and those who deliberately act in an illegal manner should suffer the full effect. In cases of this kind, the fact of the conviction being for a first offence, should ftot lead to a lightening of the penalty. - Anyone at all acquainted with the habits of individuals who look for sport in this direction will know that" first offence" means " first time caught,"-and by no means refers to a solitary act of illicit slaughter of tho occupant of brook or field. Therefore, severe treatment is pat necessary in any proved case, and 10 withhold it is almost to condone the offence, We are not so muol) disposed to carp at tbo case of Emil Basmussen heard yesterday, as prliaps these opinions might indicate wo wore, but we should like to see this instance of lenient treatment of a firit offence regarded aa being clearly applicable to the class of misdeed rather than to'the person, and that any subsequent oonviotion on the part of anyone, whomsoever he is, should be visited by the inflic(jj'ofl of 0 substantial penalty, fot which the AcCwlth its Ipjji of £2O for each offence, allows auiplemargk To' jbavc'' other defendant's Igtansti whom ,C86(?o are proved posing as first o,ffendersi ;altlipU|h ' nominally 'and eating similarly mild.punisliment, Y/ould b) extremely inadvisable, for no one is likely to be caught twice. The
peculiar need .for stringent measures is ns' evident as is the justice of such a course, In the present instance the defendant does really appear to have aoted without pret meditation, and the contents of his "bag" would seem to have clearly indicated that lie went to shoot rabbits and not to shoot ducks. But the bird on the wing was bo plentiful, its presence so tantalising—they swept past him : lie resisted, they returned, and ha was.ovetcome—that temptation overpowered a well-mean-ing man and "110 let fly." Then down awoopfid a vigilant constahle, and the trouble begun, Mr Basmusßen was frank and he was sorry; besides, too, perhaps he is not wealthy, and it is all these considerations which make us not altogether regret that on the present occasion justice has been tempered with mercy. But in the future nothing should influence to turn the heavy hand of retribution in connection with a cLss of offence so hard to prove; or disgust on the part of those responsible for the detection of breaches of the law, and a determination to desißt from any attempt to seek redress will surely follow.
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Wairarapa Daily Times, Volume XIII, Issue 4061, 12 March 1892, Page 2
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678The Wairarapa Daily. SATURDAY, MARCH 12, 1892. TWO GREY DUCKS. Wairarapa Daily Times, Volume XIII, Issue 4061, 12 March 1892, Page 2
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