DISTRICT COURT.

Wairarapa Daily Times, Volume XV, Issue 4902, 14 December 1894, Page 2

DISTRICT COURT.

MASTERTON.-THURSDAT.

(Before His' Honor, District Judge Kettle.) - ■=:.■; : B

APMSAL CASK, J. 0. Andrew v. Inspector Miller. This was a case in whichi the plaintiff sought a re-hearing of the case in which he was fined £2O for failing to destroy rabbits;; ■;■ Mr J. Andrew appeared jfor appellant, Mr Bunny forthe respondent. It was admitted by • counsel: for appellant that Mr 'Miller was Rabbit Inspector for the District, and had served notices npon the same, and that there were .rabbits upon the property known as lea which was owned by the appellant, Counsel for the respondent, stated that on the 30th of May, a notice was served upon the informant, undor the Rabbit Act, asking'him to take the necessary steps to destroy the rabbits upon the property known as lea station, 18,000 acresin extent, owned by him. Subscqueut inspections by the Inspector sfeyed that sufficient steps lad taken to cope with the numerous rabbits infesting that property, after duo notice had been received, which led to the action being taken against him by the Inspector on the 15th of October, when the Court imposed uponhimaJineof £2O and costs, which, considering the facts of the case and the lavgeaieaof property intested, was a vory small one, at which the informant now snapped his finger, and asked for an appeal against the amount of the line. MiAndrew was, in fact, an old offender under this Act, and ho hoped His Honor, if he could not raise the fine, would at least support the finding of the S.M, Court. 8 His Honor said that Mr Andrew, having previously been before the Court undor the Act, would have no bearing upontho present case, which was in fact an appeal. Thomas Gillespie, a settler residing in Porirua, called, stated that some time ago he acted as a,snbagent for Inspector Miller, when in company with sub-agent Orboll they visited the property known as lea, for the first time in Juuo last, in- ; specling about eight thousand acres, npon which rabbits were very numerous.

His Houor here asked if it would not be a better course for the respondent to call such evidence as would let tko Court know whether or not the necessary steps had been taken or not. to destroy the rabbits. An Inspector riding through a property infested with rabbitsmight still find them very , numerous, though at the same time all necessary steps to destroy them may have been taken, and their numbers less than on a previous visit. Witness, continuing, gavo evidence of other inspections of the property. In answer to Mr Andrew, witness stated that he had been only in the district since May last, but had had fourteen years' experience in the Otago District. The winters there, ho considered, were more severe than in the North. Frosty and dry weather was the best time for poisoning operations, Believed complaints were pretty general throughout the District about the weather last season. Knew that two gangs were employed on the lea. property, ploughing the ground for poisoned grain, and laying it in various ways. Looked forspade spits on the burned portion of the ran, which was very favourable to poisoning, dm did not notice any, neither did hsPobserye that surface poison had been laid. On the occasion of his visit \ August, the men were working more systematically than on previous visits. Re-examined by Mr. Bimny, witness considered that it would require at least three gangs of ten men each to cope with the rabbits on this property.

In answer to His Honor, witness stated that he had poisoned on Mr Bell's estate, in Otago, which consisted of about 30,000 0r40,000 acres, the system used .being to lay. on surface and spits, and in the months of May and June, Inspector Rntherfurd gave evii denco of having inspected the property, upon each occasion finding the rabbits upon the property to be increasing innumbers, and the steps taken to reduce them very ineffectual.

In answer to His Honor, witness said .that he had had experience in rabbits for a number of years, and had been in the Government service for a period of three years. The season had a great deal to do with tho success of the poisoning operations, Last season was not a good one, though some good results had been shown in various parts of the district, Inspector Miller, called.stated that on the 30th of May last he caused action to be taken against the Eev. J, 0, Andrew, for failing to destroy rabbits, after due notico had been

served upon Mm to comply with the Act regarding tho same. Received no special instructions fronitho Head Department as to what course lie should pursue, except to cany out the full meaning of the Rabbit Act. i Had been specially instructed by Mr Ritchie to see that the lea property was kept clear of the rabbit pest,the same being in a very bad state. Had visited the property in person, and received reports from fc'-*' various agents regarding the ljfrk being done there to' reduce Hi rabbit nuisance, The reportrof in. spectors and those of . his agents shewed that the pest was numerous, and that sufficient steps had not been taken to reduce the same. Comparatively speaking, th,e run was an infested one. ; Had been an Inspector for twelve years, the greater portion of v which, time in. the South Island.-■ j| Lejjal argument here ensued're- f garding the true meauing of section 9 of the Rabbit Act. Counsel for the informant contended that as two in. • formations liad been laid, the Inspector, who acted on Mb counsel's advice, should have known that one , of them was false, the other setting forth that "operations, had not been commenced," and tho other at the same time stating that "operations having; been com" menced they were' riot continued." The opposing counsel stated that where aconvictionon the one. information was obtained the course adopted by the Inspector ■ was: to withdraw the other.one, .;.-.■■: ! A letter was read in which the Inspector set forth as theopiniqn of himself arid Mr Ritchie regarding the rabbit nuisancepnlca, that, the property should bejubject to a syß« tematic course bf poisoning, the proportions to be one' arid-'abalf pounds ' ' of phosphorus to'every hundred•'■ '■■'■'. pounds of gniiii.' .■ .}']:_ i i.UJff, [■;':. In answer to Mr Andrew,', the.wjt; ' ness'considered that' these 1 ; instrao-' v v tions had been fairly* jvolli complied ' : ' : \ ivith, though sufficient quantities, of I r

groin had not beon laid in cortaii parts, whilst in others it had provec ineffectual. At this stage the Court adjournec until two o'clock, Hud on resuming Inspector Miller continued his ovid en co : . Lost season was his first season ii tho Mnsterton district, Considercc that tho Beason was an extremol) wet one, though at intervals then were a number or' fine days suitable for laying poison. Poisoning-opera' tions extended up to tho spring months woro not satisfactory, os the grass which then grow rapidly inter fered with the results which would otherwise be obtained in the wiutci months. The 26th of Juno was really too late to commenco operations, the notices having been served in time for the first of June. Twenty mon woro not sufficient to keep down rabbits on a proporty like lea. Poisoning should he followed up by othei means of destruction, otherwise the pest would becomo as numerous as before. In answer to His Honor, witness considered that a proper system of poisoiiah should have been gone througlFby three or four gangs of men, eight or ten in each, laying poison throughout the wholo of the property, using judgment in the worst parts, and getting through the work as quickly as possible. Mr Andrew contended that the appellant had acted according to inshuctions received, from Chief Inspector Ritchie and the Inspector for tho District, as to the best means of reducing the rabbit nuisance upon the lea property, and if the result had not been satisfactory it was no fault of the appollant, which ho would endeavor to provo by evidence, J. C. Andrew, appellant, on affirmation, stated that he remembered a conversation taking placo between Inspectors Miller and Ritchie, and himself. It was suggested that he should poison tho whole of the property with phosphorised gram, Previous to this it had been his intention to lay Toxa, which intention he did not put into practice, but gave it np for the suggestion of the Inspectors. He used an improved cylinder to test the poisoned grain. Ho saw that there was provided sufficient apparatus, grain, etc., for a gang of thirty men. The weather at this time was very mild, the grass growing, and altogether unfavorable for poisoning. ISighteen to twonty-fivo men were employed throughout the season. Messrs Campbell and Pendall were in charge uf the gang, and were supplied with grain from clayto day in sufficient quantities, also being allowed the use of a plough and two horses. The plough-furrow was covered with grain at intervals of a yard, and sprinkled continuously along tho route. Spade-spits were made, each being covered with about fifteen grains, Believed Inspectors had been on the property, though as they did not come over to the homestead, he did not personally have any interview with them. The instructions of tho Inspectors had been carried out by the men of the gang, as ho had been over the property himself to see that they did so. Grain was laid on all parts of the property where it was possible for the men to do so. Had a great doal to do with rabbits, both as a pest and as a profit. About twenty years ago, he had employed a man for three weeks to catch one rabbit, The rabbits were of late, though very slowly, getting sense enough to understand that poisoned grain was not good for them. The first time laid on his property, scores'of pukakas and other birds wore poisoned, but sinco then as mariy as 16,000 rabbits had been poisoned, and not one pukaka found dead on the place, thus shewing that they had a greafcdealofsense, which the rabbits were picking up slowly and gradually. His Honor considered that if Inspectors gave instructions, they should not complain if they were carried out. The present case was one in which it was not for him to increase the amount of the previous fine, but to ascertain whethoror no there was any breach of the Act. Witness, examined by Mr Bunny, stated that about five orsix thousand rabbits were destroyed last season, Inspected.tho greater portion of the property himself. Considered that tho Inspectors who stated that the rabbits were not reduced in number were not saying what was the truth. Tho steps he had taken were sufficient to reduce the number. John Campbell, an employee on lea station, rembered the 25th of June, the day before poisoning commenced on the station, tho weather that that day was very wet. Tho following day, he went, in charge of a gang of men, to that part of the property known as the Bluff, where poisoning operations were commenced. Subsequently the gang, consisting of about twenty men, had been over tho whole of the properfcyand heshould say thatitwas well aud systematically laid with poison. Was aware that 250 sheep were poisoned with the grain laid for rabbits, the greater number being poisoned on Stoney Range, Was sui'o they did not die for want of grass. Portions of the property were covered with scrub, which in a way sheltered the rabbits, though they had to come out to the grass to feed, Finished poisoning on the 18th of August, and bad been operating continuously since June, Ikceiv/Kjjy instructions, as to how to lay tnSlison, from Mr Andrew. William'Peill, a rabbiter on lea, stated that he was one of the gang engaged in poisoning. The poison, he considered, was fairly well laid, at first an average of 60 grains and then 30 grains, as a large number of sheep had been poisoned where 60 grains were laid, especially upon Stoney Range, No breaks were uAade throughout tho season, oxcept pr wet weather. Tho rabbits took the poison best in August when the frost was on. Inspector Gillespie had an interview with him respecting tho grain he was using, and expressed surprise at the rabbits not readily taking the grain, Supposed the rabbits were getting a little cunning. John Bridge, called, said he had been an employe on lea station for tho last eight or nine years, He mixed the poisoned grain for the poisoning gangs in the season. Used the cylinders for mixing, and put twelve sticks of phosphorous in the grain instead of ten, as in previous years. As he had to ride over the country laid with poison, to gef tho packed grain to the men, k could not help noticing how opera, tions were being gone on with, and considered that the poison had been well laid, though the rabbits did nol take it so well as on previous years, It was generally understood that only a fifth of the number of rabbits p'ohsoned were recoverable, the remainder being hid in the scrub, fern, and tho burrows The number of rabbits on lea had been greatly reduced of late years. The weather throughout las!

season was very unfavorable for poisoning, being also very windy, This concluded tho evitlenco for fcho appellant, and the Court then adjourned until the production of Bomo further documentary ovidence from the lea station, which would bo procured in time for the noxt day's sitting.

FRIDAY, On tho Court resuming at 9,30, and tho required diaries, lodgers, papers, otc., having beon secured from the East Coast, the appellant was recalled and questioned, regarding tho employment of men for poisoning operations, the time thoy worked, etc,, this concluding the whole of the evidenco, Legal argument here ensued, after which, His Honor, in summing up tho evidence, said it shewed that the season was not a favorable one, though poison could havo beon successfully laid early in Juno, the date on which tho Inspector issued tho first notico, which notico was not complied with by tho appellant until nearly a month later, that dato not boing so favorablo was therefore unattended with sufficient results as to satisfy the Inspector that the Act in regard to tho samo had been carried out in its true meaning, He would therefore give judgment on the merits of the case and the evidence adducod.whioh was that the previous conviction bo affirmed, and tho appeal dismissed with costs.

Mr J. Andrew mentioned that a further appeal would, in all probability, be made, with His Honor's consent, in the Supreme Court, regarding the 34th section of the Rabbit Act,

IN BANKRUPTCY. _ Frederick J. Donovan, of Clareville, was called upon for public examination, with regard to liis bankruptcy in Nov. last. Mr Pownall appeared on behalf of Mr A. G. Pilmer, who holds security over the bankrupt's property to tho extent of £l6O. Mr Bunny appeared on behalf of the Official Assignee, and stated the facts of the case.

Frederick J. Donovan, sworn, stated that he had filed a schedule of bankruptcy in November last, In August, 1893, he arranged to lease a property consisting of 400 acres, at Chireville, from Mr Armstrong, the term of lease being for ten years at a rental of £IOO for three years, and £l6O the remainder of the lease. Had no property previous to this, but possessed about £SO in cash. Purchased sheep at auction from Messrs Lowes and lorns, giving bills in return for same, which bills were met by his brother, Subsequently he purchased in cash some sheep from Mr F. H. Wood. The sheep from Messrs Lowes and lorns, also those from Mr Wood were re-sold for cash, in some cases at a loss. He purchased 400 wethers from Mr Pilmer at 8s per head, amounting to £l6O, for which he tendered Mr Pilmer two promissory notes. These sheep he sold at a Blight loss for cash, which went to meet other accounts owing. He wrote to Mr Pilmer, asking him to meet him at Masterton, as the landlord had re-entered the property, thus blocking him from realising on his crops. It was his own suggestion that Mr Pilmer should take a security over tho crops to realise on the £l6O owing to him, The crops and all connected with the leasehold were subsequently sold to Mr Benjamin Dawson, through Mr Waddington, for the sum of £215. He satisfied Mr Pilmer's claim by telling him that Le was owing money to other creditors and offering him £l5O as a settlement in full. Out of the £65 remaining Mr Waddington had received £lO for commission, Mr Pownall the remainder. £24 was handed to tho Official Assignee. This went to meet the claim of the unsecured creditors, Witness was cross-examined at length by Mr Pownall, [Left Sitting.]