R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4345, 15 February 1893, Page 3

R.M. COURT.

MASTERTON.-WKDNESDAY. » c (Before Messrs Burton Boys and t Buteraent, J.P.'s.) ] UKUCNY OF FERKS. 'J Waltor E. Terry was charged by A. E. Bunny with the larceny of ferns from his grounds. llr Pownall appeared for the defendant. Mr Bunny said tho facia shortly wero that his man had found the defondant and ut woman and thrrc children with a large quantity of ferns tabu up from his plantation, He found it necessary to tako steps because his plantation, which was surrounded by a good feuco, was frequently visited and his property taken away and destroyed by people who thought t-hoy had a better right to it than him, Ho had been requested to withdraw the information by the defendant and Mr Eastwood, tho offenco having been admitted i,i his office, and the defondant going so far as to offer to bring him a cartload of ferns. Ho was surprised that tho defendant pleaded not guilty. Ho had intended to ask tho Court to deal leniently with tho matter and inflict a fine, but as the defendant pleaded not guilty he should not mako the application nor ask tho mercy of tho Court, llr Pownall observed that his : client had not asked him to, Richard Field, laborer, in the - employ of A. E. Bunny, remembered j seeing the defendant and a woman 0 and three children in Mr Bunny's [ bush with ferns in thoir possession. < Spoko to the man, who said he was i very sorry he had taken tho ferns, I and did not know he was doing wrong,! The others also had ferns, Defend-B ant said he had taken the ferns tol decorate the table, The ferns had! mostly been taken up by the roots,l Had not since spokon to the defend-B ant, The property was securely! fenced and planted all round. H .By Mr Pownall: Ahout a chain ofl the fence near tho creek was post andl rails, Know the ferns had been I taken because ho saw tho places from! which they had been removed, 1 By the Court: I missed tho fernsj from tho creek after I had seen do J fendant. I By Mr Pownall; I did not missl them till next day. I asked Terry whero he got tho ferns on the Thursday. By Mr Bunny: Terry admitted takmg the ferns from the creek. A. R, Bunny, informant, gave evidence corroborating the last witness statement, Ho had been constantly annoyed by depredations and robberies of this kind, Some of the lews! had been planted by witness, 1 By Mr Pownall: I can not ideoj tify any of tho forns removed as planß tedbyroo. ■ Mr Pownall, for the defence, saifl ' that the fact was never disputed thai ' the defendant had taken tho fernn The dofendanfc and those with uiA had wandered up the creek. Thfl ! whole thing resolved itself into a ca°B 1 of common trespass. There was nl 1 felonious intent, and tbereforo nil 1 larceny. Tho ferns were takeu quilj 1 openly and without concealment, It ! a person went twenty miles out and took a handful of ferns he would be

just as liable as the present defondant, The charge was not justified, and altogether out of proportion to tho offence, Mr Bunny had a perfect right to protect his property, but a charge of trespass would meet the case,.

Mr Bunny replied at longth. Tho Bench, after consideration, said that although they could not follow all defendant's counsolhad said, they knew the stigma of larceny and did not wish to bo vindictive. At the same time the Court did not think the defendant would have gone to Mr Bunny and apologised for the oDonce unless he had beon caught rod-handed, A warning was needed, for the detendant ought to have known that he was trespassing en private property and was committing larceny. The Court would therefore impose a line of 40s and costs, Mr Pownall; "A verdict which will simply hoW your Worship up to execration I"