RABBIT CASES.

Wairarapa Daily Times, Volume XV, Issue 4856, 20 October 1894, Page 2

RABBIT CASES.

Settlers Fined,

In tho Masterton S.M. Court ycpler»//ra| day afternoon, before Mr T. Hutoiusoii, - 8.M., A. Stempa was charged with fail*. ing to destroy Jhe rabbits on liis | pcrty, about ono hundred acres in oxl cnt, - near the bed of the Waingawa river,. after receiving due notice to comply^ with the Act, from Inspector Walter - : "-V Miller. .

Mr Bunny,'who appeared for the . prosecution, stated that tlio property in question was ovor-nin with rabbit*, and >0 that no steps having been taken to rid the pest, it was liable to become a great nuisance, _ Francis Henry Brittain deposed that " he was a rabbit agent under the Act. He had visited the defendant's property * prior to the lltli of June, on w liicli date' - the notico was served. In conjunction ■ '-•? with Inspector Miller, lie visited tlio property and found the _ rabbits very jgn: numerous upon it. lie-visited the pro"- . ■ perty again in July. Upon botlroeca- lift sions they went- all over tho property, aud found nothing had been done with s i the exception of turni["i a few spits which contained'no grainf' Visited the ifproperty again in ho in* formed Mr Slcmpa tlMffin would be' . ''%• laid upon tho Crown Land which is *'fj?. between the defendant's property, anil : asked him to remove all stock ifiercon belonging to him. Thofollowingmonlli, ; on tho ith of October, he visited tho defendant's properly,: and found tho rabbits to be moro -numerous than before. Witness, in answer to defendant, stated that he was not aware that any poison had been laid upon defendant s' '.V property,ltliough he noticed somo ground . liad been turned preparatory to laying poison, llcmcmbercd defendant telling, ;■ him that owing to tlio wet weather it r "V was no use laying the poison, but that tlio first fine weather ho would take tho necessary steps to destroy the rabbits, " p There was sufficient fine weather to lay tlio poison prior to tho summons being ' '-A issued, Informed Mr Miller thatdc- ~-41 fendant intended to lay poison on the , CthOctober. ■ "8 ■

Walter Miller, Inspcetorof the Wai- *5 rarapa linlibit District, deposed that lie visited the defendant's property on the '$ 21th July mid the 20th, June, on both Xloccasions finding the rabbits to bo > cry numerous, and at the same .time lie . ' iufonncd the defendant o£ the infected state o£ the property. Aguu iibilcd the land on October Jth, and the rabbits 'Jf were as uuuicrous as ever, Considered < <-■ thcrowas sufficient time and favorable * v3Q weather to lav tho poison prior to Sep- . tcinber, as tlio Crown Lauds had been poisoned from time to time about that . date, which land adjoined that of defendant "j

In reply to Mr Stempa witness said i" ho had not said, that although defendant ; had laid "Toxa," he would lav an information. Did not recollect Mr Brit*

tainsayingthat defendant liadlaidpoison '' on Gtli October. ;

F, H. Mtain,recallcd said defendant had told witness that lie was going to lay poison in October. Could not say if he had told tlio Inspector,but believed that ho had dono so. -...

For the defence Mr Steinpa called liis 1 son, Augnstin _ Stempa, aged, twelve - $ years, who said that poison had been i 1 laid ou his father's property in April. A number of rabbits were killed by it, In I some cases four were found lyinß on top '!■ of one another. One morning 100 rabbits were picked up, and tho second daj 74 I wero picked up. Tlicro ires poison laid 'V in Juno and again in October. All the "r "Toxa" purchased was used except ~ , -i seyen pounds. Fmcr rabbits were found J j the second poisoning aud less after tho ""1 third. After tho last poison was laid I went 'over tho laud, and only saw tlirco ' i live rabbits. J

A. Stempa stated in cvidenco, that lie had trapped in December over 1,000 , "' rabbits. " Toxa" to tho valuo of £4 Os J Gd was placed out on tho property in ten months,and £714 was paid for trap. s ping, The rent of the property was £7 Uj os 3d. He had tried all in his Jl

destroy the rabbits on his p By Mr BunnyHfl poison between 27th JunoJ flic weather was not suitnbl

ing. It was too. wet. / " His Worship said that under tl

it was not sufficient to show that ho

commenced to destroy the rabbits, ho must go the whole length and-comply with tlio instructions given by the Inspcctor, He would take into considera- "jg tiou that the season was nol a good one for poisoning, and defendant had a ilifficult place to contend with, Thopenalhr : ;?sfS would bo £1 with costs 7s and counsel s vSf|| fee2ls. ' ''Slllf Meriek McKenzio pleaded not; guilty to a clmrgo of failing to destroy . ; rabbits ou his property at Fernridgo. v&fgfl visited defendant's property on iccrtain ipl® occasions, and founa rabbits numerous,s|l§ aud no evidence of proper steps taken to destroy them. On the 7th of July Mr McKenzio admitted to witness:fs|§ that rabbits were increasing, lie intended to take steps to them. Visited the property in and again on 4th October,, and found ; iiff|S the rabbits still numerous, The property' was about 300 acres, aud a flat of about.'3sil 50 acres was the worst part. . " ; l .In reply to defendant, witness said lie ■J* had seen no indications of grain poison- ' ing. Had not seen any boys rabbil ing. - -'lt Defendant informed the Bench that? ho had twelve sons who were always out I rabbiting. He also kept ferrets arid | dogs. It was impossible to keep tlib' r-M particular portion of the property rovStpi [owing to tho state of the surrouniii^p^^ Inspector Miller gave evidence that 4! he had found portions of the property - were badly infested with rabbits.. Sub-' sequent visits showed an increase, imd Vfv|] defendant had not complied with the J] terms of the notice sent out. •' 1 V\l Dcfendaut said ho thought lie could "J '1 prove t"hat he had caught more rabbits with traps tlmu ever had been Wiled on J the adjoining Crown _Lauds ■ with . : poison. He was how doing his best to-i'^-Sm seep the pest down, _ >lll Inspector Miller said lie did not wish\'f3|| to be hard ou Mr McKcnzie, but ho one of the worst breeding warrens in the district on the flat indicated in the ''.#lß information, and Mr McKenzio did usjgjMt

appear to have taken very enen measures to keep the rabbitsdajj Defendant gave (ho notice creased his eilo!M|ffl^^H

vears on tho property had always been troublcsomlHH[ however, was the first time he hadlßP summoned for failing to destroy.' "; \ . ,-5! His Worship said that' seeihg'vth&l was tho ease perhaps fhc Inspector! might see his way to withdraw tho in® formation. . '" : '"2§j Mr Bunny said that as tho increasff was so marked the department could nofl do this. ... ji

Defendant gave evidence in after which a fine of 20s, the mimmunMSM amount, was. inflicted ■' without costß/fflgS His Worship remarking that he quite coguised the difficulty in dealing with 'lllj a small property 01 the nature owned .ofl by defendant. v ~'ij W. L. Falconer charged with failing \| to destroy rabbits on _ his property, pleaded "not guilty within the mcanine „ 1 of the Act." Defendant objected to the Inspector engaging a solicitor. Ho thought it* unfair to settlers, especially as it was a ,f. luxury lie could not afford * His Worship. " Then you will ha\o ) to trust to tho justice of the Court" "">3® P. H. Brittain gave evidence of tLo offence. Had seen Mr Falconer laying s f " Toxa " and noticed poisoned wheat on the occasion of one visit. The poisoning' operations did hot appear to have been , carried out well.' , Subsequent showed a general increase inthc rabbits,/: A; Mr Falconer at some length questioned'< ■ the qualifications of tho Inspector to,ox- ,> press an opinion as to. whether'or nob- HI proper steps to poison had been takenl?'« Inspector' Miller: corroborated theiSjH evidence of tho last witness, ! as state of tho rabbits, which lie numerous and increasing :.No lory' stops had. Lcen taken to w itu the notice sent out.

In reply to defendnnt the Inspector said ho did not wish to act as" a tyrant" but togivc settlers every chance. Had not" jumped "on tlie defendant, but on tho contrary had spoken to Mm, and written a letter in addition to tlio notico ' sent. Defendant at some lengtli cross-ex-amined the witness and concluded by telling him ho could " stand down," for which kind permission Inspector Miller courteously thanked Mr Falconer. On oath, defendant staled that ho had poisoned, trapped and ferrettcd rabbits. He had done his duty, but tlio Inspectors had failed in theirs, in not prosecuting some of his neighbours, lie liad been swarmcdjout with rabbits from an adjoining property, the owner of which admitted tlmt his, (the neighbour's) rabbits were eating witness out. He considered that lie had taken proper steps to destroy rabbits; and asked His Worship to dismiss tlio case. By Mr Bunny: Had not informed about his neighbour's rabbits, or about anybody else s. Had never heard anyone sny that the rabbits from his (witness') property were cnling them out. His Worship said that the evidence showed that the rabbits had increased Falconer's properly in the opinion penalty of 'los with 7s costs and solicitor's fee 21s.