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MISCHIEF IN A PEA FIELD.

SEVEN YOUTHS BEFORE THE COURT. At the Magistrate's Court this morning, before Mr Robinson, S.M., and Mr John Graham, J.P., who cams in later, seven youths, residents of Stoke, named Ernest Johnston, Francis Norgake, Leslie Cbing, Arthur Kenning, James Kennine:, Francib Ching, and William Doidge, were charged, on the information of Constable Phelan, wiih unlawfully destroying a orop of green peaa at Stoke, belonging to Geo. look, of St. Vincent street. The damage to the peas was fixed at £2, and the boys wera also seated to hare damaged the fencs of the complainant. Mr Harley appeared for the defendants, who each pleaded '• Not Guilty." Sergt. Mackay, who conducted the prosecution, stated the case, and called the following evidence : William;Daniel Cresawell deposed that on the afternoon of Sunday, the Gth inst, he discovered the defendants in Lock's paddock amongst the pease. He ordered them to leave but th6y would not go, and were|very abusive in their behaviour. He said he wonlct report the matter to Mr Lock. They went out of the garden, but returned after a while. On witness again requesting the boys to leave, Doidge and Joh M ton asked him to fight and one of them shook his fist in witness 5 tace. Witness said he was not a fighting man and went away. Next morning he reported the matter to Mr Lock. He had since been over tho garden, and he found that the damage was considerable. He did not think however, that the present defendants did all the damage, as others had been there before. Witness was afraid of being assaulted by the boys who assumed a very threatening attitude Witness waa looking after the place for Lock. By Mr Harley : Witness uaw all the detendants in tho field on the second occasion referred to. The pease were growing in rows, withont sticks. A large quantity of the pease had been picked. Lock told him the seed cost him £5. The area in pease was about an acre. Witness told the boys what Look had told him. A great cteal of damage had been done, but the boys did not have time enough to pick a peck while they were thsre. There; were several holes in the fence, and whilst the defendants may not have made all ..these tholes they did further damage in running in and out, George Lock, gardener, estimated the damage to hia pease, at between £2 and .£3. Xhe pease had been broken down and trampled on. He had not previously picked any pease on the portion of the held on which defendants were trespassing. There was a private right-of-way running alongside . the field. He had sown the held with about 6J bnshela of seed, a portion of which had been specially imported to his order. The boys went into the best part of the crop, tie had been annoyed by boys for tho past fonr years, Constable Phelan gave evidence as to going over the ground with the last witness. On seeing the boys they all, with the exception of F. Ching and J. Kenning, admitted being in the field. The last-named denied being in the garden and he did not see Francis Ching ' This cl.sed the case. Mr Harley said tho pease were, as stated in evidence, growing in a paddock, and not in a garden. A distinction was made m the Act, by which damage in a " garden " was made punishable by such a Bovere penalty as six months' imprisonment or a fine of £20. With the consent of the Polico the information was amended by omitting the word " garden,' Mr flarley said that Kenning Bros, and Ching Bros., had done no damage to the crop, and the other thieo boys had done vory little mischief. It was not fair that these boys should be punished for all the damage that had been done. He thought tho case might be met by ordering the boys, who were all of respectable families, to make a satisfactory reparation to the complainant. Jamea Kenning stated that Doidge Worgate, and Johnston picked a few peas, but they were in the paddock only about three miuutos. W itneas did not take any peas, as ho had had some for his dinner. Neither witness nor anyjof his companions went into the field a second time. Francis Ching, Leslie Ching, and Arthur Kenning also gavo evidence 'I he Bench held the caso proved in regard to Doidge, Norgate, and Johnston, but the charge against the others would be dismissed. Each of the three firstnamed boys would be fined os, and order' od to each pay os as compensation for the alleged damage, with co3ts as follows — Witnesses 1 expenses, 18s : Court costs, 13s ; total £i Is, or jEI 03 4d each. The fines and costs wero paid. The Bonch added that there was evidently no malicious intention the part of the defendants to do any damage, but that it was meroly a foolish expedition of a band of idle boys, lhey should, remember, however, that by such conduct they rendered themsolvea liable to more severe punishment. In the course of .the case Sergt Mackay stated that the charges had been laid with a view of stopping the constant annojance to which residents of the .district were subjected by mischievous boys.

Four boxes of bullion valued at £15,276 shipped from Uokitika, four boxes valued at £12,991 forwarded from Greyraouth, and one box valued at i2713 sent from Weatport, were taken to Wellington by the Wajnui this week consigned to (he Bank of New Zealand. The Melbourne "Arg\i3" states that Rougemonfc's narrative wa? offered to its' London office for public* ion in the "Argus" before it appeared in the " Wide World Magazine," "and was declined with thanks for reasons that are now sufficiently obvious."

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NEM18981118.2.10

Bibliographic details

Nelson Evening Mail, Volume XXXII, Issue 267, 18 November 1898, Page 2

Word Count
972

MISCHIEF IN A PEA FIELD. Nelson Evening Mail, Volume XXXII, Issue 267, 18 November 1898, Page 2

MISCHIEF IN A PEA FIELD. Nelson Evening Mail, Volume XXXII, Issue 267, 18 November 1898, Page 2