MAGISTRATE'S COURT.

Alexandra Herald and Central Otago Gazette, Issue 1690, 12 June 1929, Page 3

MAGISTRATE'S COURT.

*Z (Before M* H. J. Dixon, &M.) { The following eases were dealt with •% tha Magistrate's Court at Ophir on Mday, Me 7:— . * Staajty Clifford Spooner, for not havJ|§» driver's license waa fined 20a and W»). Hat waa also charged with S%vi*4» «a oaregistercd motor-eyele in bit possession. He was fined Ida (coats Wl). i - Althur Tilbury, for exposing liquor tat. sale on May 4, waa fined £3 and cost*, . '..- • Star beiag found on licensed premises W. ll'Ewaa was fined 155.(10s costs), Hi M'Bwaa 20s (10a costs) and A. M'Jntosh (10s costs only). Jofcs Moriarity was charged with tttjsjfE. en licensed premises after hours. flttßstable Boblenski stated that lie htard, defendant's voiee in the hotel m| well in and asked him what he was <**£&g there. He said he was speaking ff JbS Eargraves. Jo Mr Sunderland: Defendant is my I deny having received ■parj lnsjxy or property from him. -I «£ajt that be came home to my house ■Pd ..that he did not have tea as his flajjf>tei said he was 'Moo foiL" I am not satisfied that he went to the Jetel for the purpose of having tea. , Mark Hargraves, licensee of the Shamrock Hotel, stated that he met the defendant at 5 o'clock on Hay 30 and that he .went home at 6 o'clock absolutely sober. Anyone who said that la, was not sober is telling a falsehood. came and asked for tea and H Jnj&: His had arranged with Mrs Hargcaves prior to.the policeman entering. IBs en .the constable entered I could see jbj hi* face that he was in a bad temper Dad he gave one jump halfway down the psstajtN jpas Moriarity stated that he was »,re#ide*t of Ophir on the night of Mfy 39. He went home after 6 o'clock fc*t at there was no tea ready he retsraed to the hotel for a meal and bed. I stayed in with Mrs Hargraves in her sitting' room and told her I wanted a tysfJl for the night; He knew the constable was at the door. He did not see him, bat he was told he was there. The magistrate said that evidently , So was not a boarder and he was convicted and fined 20s and costs. 5 ' CIVIL CASES. ' E. Tikey v. Hill, judgment for £2 Is together with court costs and solicitor's . left.: 3. Craig v. A. Piper, judgment for £l4 together with court costs and solicitor's fee. ■« P. Haylor v. C Lawson, judgment saaohoas. Mr T. Sunderland appeared for plaintiff. Order made for payment forthwith in default 16 days imprisonmeat in Daaedih gaol. SHOOTING LICENSE CASES. Banger Pellet proceeded against , several residents of the district for breaches of the Gaming Act on May 1. The ranger in giving evidence stated that on May 1, at Lauder, he visited Mr (Houston's property at -00 a.m., it was, at this time, broad moonlight. He heard shots and sat there till daylight ' wses he saw three men perched on a rojb. He had a gun which was not leaded. The men asked him why he iii sot shoot and I told them I was a • xasger and. asked them to produce their liceases. The two - Cloustous and M'DosaW had 23 docks and were only allowed 15. He said he took possession of the guns but agreed to let them have the use of them for the day and that ho would call back later and collect

tic guns and the birds. To Mr Sunderland: Uc first appeared at 4JO a.m.. lie heard shooting at 20 ' minutes to 3, bat could not see anyone. There were several shooters about in . different parte bat he eoaid not tell where the shots came from. He did not fJM the defendants until daylight. I ■wear I took the numbers of the guns, but cannot find them in my book. He would sweat ke had bold of the guns and that be had handed them back. "When asked'the' reason' why he did not ' issoe three summons for early shooting be admitted that it most hare been «S oversight. Thomas A. Clonston said that they act the alarm far 10 past 5, had a cup of tea and started out at a quarter to six. When they landed at the- swamp they heard .shooting going on. Banger Pellet said he would have to prosecute for shooting before sunrise and said that *e had more than oar quota. He did not take the number of our guns. He stated that we could keep them to shoot our complement of greys and asked as* not to shoot any more paradise. It was after six when we started shooting and about a quarter past six . when I noticed the ranger. His father . did not give him permission bat his brother who fives on the premises had permission. W. J. donstoß said it was after six when he fired the first shot and in a jsety short time he had his quota.' It was a quarter of an hoar after he'shot hi* sixth dnek that the ranger arrived. It A* HacDonatd corroborated the evidence of the two previous witnesses am to the time of shooting. He admitted shooting li ducks. The CloustoiM'he knew had their quota and did sot shoot any sore. He shot the last five himself. His unele gave him perjr mission to shoot on his property. The -fanger did-not take the guns and men- ' Honed nothing about numbers. There were others shooting about 300 yards away from us. Banger Pellet also gave evidence that lie visited Leask'a property and found ,W. J. Leask and Stan Leask shooting . ' «gd counted the ducks. ■ i To Mr Sunderland: He only saw the *'.''* " i -" ' ■ •"

two Leasks together at 7.30 or 7.45 a.m He would not swear to whom lie first spoke or which one had the ducks. There were no shots fired while he was there. We had a miscount of the ducks and had to count them several times. It might have, been only 11 the first time. Afterwards they made *it 13. I did not see any wounded ducks Stan Leask stated that he shot five ducks and wounded one. „ He asked the ranger what about killing the one with the broken wing and Mr Pellet had replied, you had better kill it. He was not certain that he would get the one he wounded. The ranger's statement that we both arrived together is not correct. W. J. Leask said that he counted 11 and that the ranger also made it 11 for the start. When the ranger first came to me I was by myself. I deny Mr Pellet's statement. Charles Harnett said that the gun was "left there by Alexander who had gone home. He had nothing whatever to do with it. He had never handled the gun and had never made use of a gun in his life. Banger Pellet is telling a lie when he said I reached it over to him. To Mr Pellet: If you were half a man you would have gone to the house and asked who owned the gun that was alongside me. Ranger Pellet stated that the season opened with a limit of six ducks for one day. He asked for substantial fines. The following are the charges and the fines imposed:— W. J. (Houston, for not being the holder of a license.—Withdrawn. For killing in excess of the number.—Dismissed. T. A.- Clouston, killing in excess of the number.—Dismissed. Shooting'before daylight.—Dismissed. L. A. M. M'Donald, for having nc license. —'Fined £5 and costs. Pot killing in excess.—Fined £4 and-, costs, Shooting before daylight.—Dismissed. W. J. Leask, for having no license.Fined £o and costs. For killing in excess.—Cost 10s. '' Stan Leask, for killing in .excess.— Dismissed. Pat Moran, for not being the holdci of a license.—Fined £5 and costs. T. A. Haig, having no license.—Fincc £5 and costs. Failing to produce license when asked.—Withdrawn. T. A. Clouston, for having no license —Fined £o and costs. The charge against Charles Barnett 1 for having no license was adjourned t< August 9. The fine in each case was the.mini mum. A . * Mr T. E. Sunderland acted on behal: of the defendants. '■. " * ■