ALLEGED TRESPASS IN PURSUIT OF GAME.

Press, Volume LVIII, Issue 10863, 12 January 1901, Page 3

ALLEGED TRESPASS IN PURSUIT OF GAME.

THE CASE DISMISSED. At tlie Police Court yesterday, b-'ior. Messrs J. M. Thompson and R. M. Taylor, J.P.s, three young men, Samuel Harper, Jredenck Kendall, and Albert Lambert, Were charged with trespassing upon the land of William Spencer, Lower Styx, in search of game, contrary to the Animals Protection Act. The offence was alleged tc have taken pl_uce on Clmst-mas Day. Mr Donnelly appeared for the defendants. William Spencer, of Styx, farmer, stated that he saw the three on his land among his sheep and lamlbs» carrying guns ,£i_d accompanied by a greyhound and several sheepdogs. He was continually troubled with such people, who trespassed on his land and destroyed his fences. There wag game on his land. This .was all the evidence for the prosecution. Mr Donnelly contended that, as the defendants did not know there was any game on the land, they were really only trespassing, and the information as laid went too far. Albert Lambert stated that the three had been shooting on the beach, and were returning through Mr Spencer's land. Hi did not see any game, and saw only two rabbits. Frederick Kendall gave similar evidence. They were not in pursuit of game when stopped, but were .merely taking a short cut through Mr Spencer's land. His gun was empty when Mr Spencer stopped him. Samuel Harper also stated that his gun was unloaded at the time he was passing. He did not know there was any game on Mr Spencer's land. Sub-Inspector Black contended that the mere fact of being on the land with gun and dog was sufficient to warrant a conviction.

Mr Donnelly pointed out that this was only prima facie evidence that the men were in pursuit of game, which evidence could be rebutted. It was for the purpose of rdbutting this presumption that he called any evidence at all. The Bench stated that the defendants were liable for common trespass,- but as there was not sufficient proof that they were on the land in pursuit of game, the case would be dismissed.