Alleged Trout Poaching.

Wairarapa Daily Times, Volume XVI, Issue 4924, 12 January 1895, Page 2

Alleged Trout Poaching.

Acclimatisation Society Prosecution, Two lads about the age of tlifc. toen, named Artie Robins and John Easthopo, were charged before Mr T. Hutchison, S.M., yesterday (Friday) morning, on the information of Mr Moorhouse, Ranger for the' Wellington Acclimatisation Society,4fjfc' taking trout out of the Waipdtr River, unlawfully and without any license.

Mr Beard appeared for the prose, ration, and Mr Pownall for the do. fence.

Mr Beard asked that as the charge was a serious one it shouldbeprossed against the defendants.

Tho boys pleaded not guilty. L. F. Ayson, called, stated that on the day in question, he was riding along the river-bed, when he came upon about a dozen boys in the river near the railway bridge. Most of them made off, at tho same time calling to the boy Robins who gathered up a bag and while rnniiiug through , the scrub dropped it. It was found to contain about twenty.five large trout which the boy admitted having caught, when asked by the ranger some days afterwards. Easthope, who was under the bridge at the time, was asked if he had caught any trout, whereupon he confessed to having caught three. It had come under his notice that tho Maoris had been in the habit of netting thesjk though no direct action had been taken to have them stopped. On the day in question it was his intention to keep a look out for the boys. MrPownall here informed His Worship that the boys were in the habit of seeing the Maoris and others catching trout in an open manner and had followed the example of their elders.

His Worship contended that this was irrelevant.

Frederick Moorhouse, the Acclim. atization Society's ranger, deposed that he came to Masterton for the purpose of enquiring into certain informations against lads for poaching trout. Ho wont to the houses of tho lads' parents and questioned them there, asking Robins what he intended to do with so many fish, and whether he intended tosell them, to the hotels, as there were far too many to cook for a private family. The lad said ho intended to cook them himself. Being asked bjy they wore caught, the boy saukm his hands. Told tho boy he " expert licklor." Tho other boy (Easthope) at first denied having taken any trout, but upon being warned that if he denied itproof would be brought against him, he admitted having caught three, but said lie did not kill any of the others. By Mr Pownall: Intended that it should be made a warning to any who might bo poaching, whether men or boys. Was aware that the Maoris had been in tho habit of catching trout, and stops had been taken to stop them. It was no fault of his if thoy were not caught. John Cade, a youth twelve years of age, stated that ho was with a number of boys on the 22nd Decern- . her, and whilst there ho saw two trout caught, but neither of the two boys in Court were present at tho time, as they were further along the back. The boy Peter Jackson caught the two trout mentioned, MrPownall contended that certain of the Acclimatisation rules were ultra vim, stating tho rules in question, and tho Act from whici* the rules were made, and contendwfi that " hands " were neither appat? I atus, engines, or tackle, as worded in the Act, under which the rales were drawn, and upon thosegrounds he would ask that the information be dismissed.

Mr Beard opposed tbo contention of his learned friend in regard to I certain of the regulations beingitfau tires. In the true meaning of tho words device, or apparatus," hands" came under the same, being a device by means of which certain .things were done.

At this stage the further hearing of the case was adjourned until this (Saturday) morning/