S.M. COURT.

Wairarapa Daily Times, Volume XVI, Issue 4929, 18 January 1895, Page 3

S.M. COURT.

MASTERTON—FRIDAY. (Before Mr T, Hutchison, S.M.) TIIOUT FOACIIIKO. The charges, of poaching trout-, against John Easthope and Arthur B' Robins, heard on a previous day, and on which judgment was reserved, were dismissed, on the ground that the Gazette defining the districts, was not put in in evidenco, A fresh information was laid against the accused Robins and Easthope, Mr Beard appeared for the informant, and Mr Povrnall for the defendants, who pleaded not guilty. The evidence of Mr Moorehouse, the Society's Hanger, was similar to that giyen on a former occasion. The Gazette notice and regulations were put in, By Mr Powoail: The Waipoua river was within the district under the control of the Wellington Acclimatisation Society. Mr Beard asked that the evidence given in the former cases, be accepted. For the defence, Mi' Pownall raised the same points which he had done at the previous hoaring, that the regulations go beyond the Act, and that there was no evidence on which the Court could convict. As far aa Robins wbb concerned, he At would plead ignorance, especially as the accused was under age of fourteen, and not amenable under the Criminal Code Act. Arthur Robins, sworn, stated that Mr Ayson caught him with trout in his possessionon the 22nd lastmonth. Easthope was not with him at the time. Did not think there was any f ham in taking the trout, as he had iioen the Maoris do so. By Mr Beard: His mother had warned him not to take fish, and had refused to cook them. There were about 20 boys out on this day, but he was by himself when he caught part of the fish,but could not say how many. The other boys were fishing lower down the river trying to catch eels. Did not see Easthope catch any fish, and did not see any in his possession that day. This occasion was the first ou which ho had been out.

By the Bench: Had seen the Maoris catch the fish in tho same

way. Knew of " tickling" the fish, w by seeing in the papers that Peter r Jackson was summoned lastyearfor catching fish. Ran away when Mr Ayson came along, because the other boys told him to. Had seen the Maoris catching fish with spears and nets, and had seen them " tickling " fish. Witness was asked if he did not know he was doing wrong, hesitated and replied that he did not want the Court to belieye he did not know he was doing wrong. Knew he was wrong, W. M. Esjthope said that he had

held a license over sinco fishing started. Know that poaching was' carried on openly in tho Waipoua by tho Natives, with nets and other devices. Witness knew Mr Ayson and Mr Bectham were aivaro of this, as witness had spoken to both of them. It was a well-known fact that fish wero taken on all sides by, others, as well as tho Maoris. By Mr Beard : Could not say of, his own knowledge that the fish wore: caught. Had seen the Maoris fish-; ing in tho river, but did not know i their names, nor did he think i ho would be able to recognise j any of them. He understood from j Mr Beetham and Mr Ayson that the treaty of Waitangi protected the | | Natives.- j His Worship said there was not, sufficient evidence against the boy I Easthopo, who would be discharged, i and costs allowed. With regard to ! the boy Robins he had admitted that I he had taken the fish, and also that he know what he was doing wrong.; !He would impose a fine of and, costs. As it appeared there were j special conditions lie would allow: time to pay tho fine. His Worship | j said that it appeared from the evict- j j once that there was a shocking oxI ample exhibited to tho boys. The boys were called up and can- ; tioncd by His Worship against re-' peatiiig the offence. j 1 The informations Moorehouso v. : Ensthopc and Reside (3) were adjourned till next Court day. ■ 1 Moorchouse v. Parkes on a simi-! lar charge. The act was admitted | by Mr Pownall and a similar plea J entered to that of the boy Robins, j In evidence the boy said lie had : 1 with him his brother's license, and, he thought he was entitled to catch' : the fish. When the ranger came up lie ran because the other boys called to nim, He had been out fishing frequently this season. Had his brother's rod and line as well as tho

license. Had previously caught fish | [with his hands and thonghthecould catch them any way he liked. He caught the fish with bis hands in the. rapid which was blocked up by Reside. Reside and the other boys! were fishing for eels, Did not tell! Mr Moorehouso that ho owned the license produced. His Worship said that in his opinion tho boy did not know he was! doing wrong and dismissed the in-1 formation.