R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4226, 23 September 1892, Page 3

R.M. COURT.

MASTERTON—FRIDAY, (Boforo Colonel Roberts, R.M.) Rabbit Prosecutions, J, 0. Androw was charged on the information of Inspector J. Wallace Smith with failing to destroy rabbits on his property. Mr John Andrew appeared for tho . defendant, and Mr Bunny for tho ; prosecution. Mr Andrew argued at length to show that if his client had done any one act which was in tho opinion of the Inspector necessary, then His Worship must dismiss the information, as the notico had been complied with, His Worship decided lo hear evidence for the proseoution. Mr Bunny, in stating his case, said ho hoped that His Worship would take judicial notice of the fact that the defendant (with all due deference to him) was an habitual offender against this statute, and a substantial I fine should bo imposed in justice to the neighbourhood, so as to make hint in future take proper measures to abate the nuisance. Frank Ernest Urliell, authorised Inspector, deposed to having visited lea, a property of about 18,000 acres. On the 21st Juno tho rabbits were very numerous on certain portions of tho property. Tho Whareama river

TO not rabbit-proof in summer time. Saw two gangs of men poisoning, but the work thoy wero doing •unsatisfactory. Subsequently visited the property on August 4th, Went over other portions of tho estate and found tho rabbits very numerous all through, On the sth August visited Stonyridge. Rubbits were very numerous, A gang of fifteen men were at work poisoning and eight in another gang, but did not consider thoy were using sufficient grain,' By Mr Andrew; The weather was not good when I visited tbo rnceooutfe. When I met the gang I thought it was small. 1 did not then know that there had been a strike amongst tho rsbbiters just before, Fendall asked me what I thought of tho work. I expressed an opinion that a sufficient quantity of grain was not being laid down. The weather was not favourable for rabbit poisoning at tho time I visited the run. John Drummond, Inspector under the llabhit Act, at present temporarily in charge of tho Hawke's Bay District. Spent a whole day in comLgany with Inspector Smith, examining the property, Went over about eight or nine thousand acres. In some parts rabbits were very numerous. Portions of the country had been poisoned, but it had been very badly done. The season had not been a favourable one for poisoning, but this only made it more necessary to take other measures. J. Wallace Smith, Inspector under Rabbit Aot, gave corroborative evidence. In bis opinion tho defendant had failed in poisoning his property, sufficient grain not being laid, The work was also improperly done. After considerable legal argument Mr Andrew said he did not propose to offer evidence, as His Worship intimated it could only be received in mitigation. His Worship recorded a conviction, imposing a fine of £5 with court costs 7b.

Mr Androw asked that evidence in mitigation be heard at Tenui, for the convenience of witnesses, wHis Worship said ho would fix the TO October for hearing evidence in mitigation and the Masterton Court House the place,