LYTTELTON NEWS.

Press, Volume LXII, Issue 18684, 6 May 1926, Page 13

LYTTELTON NEWS.

Lodge Meeting. The fortnightly meeting of the Loyal City of Norwich Lodge, SI.U., 1.0.0.P., was .held on Tuesday evening. I.P.N.G. Bro. A. J. Williams presided over a good attendance. Sick pay amounting to £l4 lis Sd and accounts totalling £8 13s were passed for payment, and the receipts of the evening totalled £lls 10s 9d. Two members declared on the sick fund and four members declared off. Two letters of recommendation were granted to members. Three new members were initiated into the order. I.P.N.G. Bro. Williams gave a hearty welcome to officers and sisters of the Loyal Kaia Toa Lodce. N.G. Sister Vidulich duly responded. After the Lodge business was over a very pleasant evening was spent in card games.

Magistrate's Court. Messrs F. E. Sutton, .T.P., and C. Farrier, .T.P., presided at the Magistrate's Court yesterday. A young man, who was stated to bo a seafarer, and whoso name was suppressed by the Bench, pleaded guilty to having stolon froin a letter a £5 note, the property of Joseph C. McCarthy, a chief sleward. He was represented by Mr \V. J. Sim. Detective Bickcrdiko said that accused had been given the letter to post at Dunodin by the chief sleward of his vessel. This letter, which was addressed to McCarthy's wife at Wellington, contained a £5 note. Accused failed to post the letter, and subsequently admitted having stolen the money, saying that he was out of work at the time, and hard-pressed for cash. Mr Sim said that the theft had boen committed as the result of sudden temptation. Accusod had been out of work, and, being given the letter to post, discovered there waß money in it, and took it to pay somo debts. Mr Sim appealed for probation, and asked also that accused's name should be suppressed. . The Bench said that accused would be admitted to probation for one year, and the Application for the suppression of his name would be granted. William Hayes, a member of tho crew of the Korean Prince, on remand since Monday last, was charged with assaulting a shipmate, Christopher Cunningham, so as to cause him actual bodily harm. Accused, who was not represented by counsel, pleaded not guilty. On the application of Sergeant W, Almond, the charge was reduced to one of common assault, as tho injurioß Cunningham had received were not going to be permanent. Cunningham, who had been under treatment in the casualty ward at Lyttelton since Saturday ovening, said ho was boatsswain of the Korean Prince, and accused was » seaman on tho samo vessel. At, 6 p.m. on Saturday evening, witness went from his quarters in the after-end of the vessel to the forecastle to get a writingpad. Accused, who was in the forecastle, would not let him out without fighting. Accused had a grievance against witness. When witness attempted to walk away, accused Btrock him a blow and then followed witness aft, struck him and knocked him down, ,and then kicked him into unconsciousness. Witness did not remember when he came to. At the time of the assault accused had a marlin spike in his hand. He I could not say whethor accused was sober I or not when ho committed the assault, but ho thought he had drink in him. George Brodie, second officer on the vessel, said that at 8 p.m. on Saturday Hayes came along to witness's room and told him that he had had some trouble with the boatswain, and asked witness to have a look at him. Hayes did not inform witness aB to what had caused the trouble. The boatswain's left eye was badly gashed. There was no one aboard the ship who had seen the assault committed. Dr. B. H, Gilmer detailed the nature of the injuries. The eyo was nearly all right again, and in the course of 10 days the man would have recovered from the other injuries. Hayes stated that when Cunningham came into the forecastle witness told him that he should be in his own quarters on the ship. Witnesß shoved Cunningham, who showed fight. Then he struck witness on the jaw and cut him on the head with tho marlin spike. Cunningham received the wound to his eye by falling on an angle iron. Witness asked for leniency, Baying he was a married man with four of a family. The Brench fined him £lO, with the alternative of two months' imprisonment.' George Wallis (Mr Archer), farmer, Allandale, proceeded against William Muir, Arthur Wyatt, and Evison Cornish (Mr W, J. Sim) to recover the sum of £lO each as damages for trespass on his property. Georgina Wallis, daughter of the plaintiff, George Wallis, said she had practically managed the farm for some years. She had seen the threo defendants on the property many a time, and had repeatedly warned them. On March 28th she caw five men arrive in a motor-lorry, with dogs and guns. The three defendants were in tho party, hut she could not recognise the other two. Witness later saw the defendants on the sections, and shouted to them to get off. They drew together, and then went on. Later they returned, and witness again shouted to them. She heard them shout out some bad language, and then they continued on, and witness retired. She heard a gun-shot very close to her, and ran for shelter. At the time the defendants were i not on the unformed road shown in the plan. The road was not fenced on plain- | tiff's side, but there was a rabbit-proof fence between the adjoining property, Anderson's, and the road. Witness had been much troubled by shooters, who made up week-end parties and took liquor with them. She could not say if defendants had liquor with them. To Mr Sim: The amount claimed, £lO, was for general damages. Is it not a fact that you "farm" rabbits on your property) No, it is not. We had poisoned only a week before. , But you sell a great number of rabbits! —Not now. Some are sold from my brother's property. Joseph Wallis, son of plaintiff, said he had warned Cornish about trespassing. He denied that his family "farmed" rabbits. William Muir, one of the defendants, said 1 he and others were making up Anderson's land when they heard Miss Wallis calling from about half a mile down the hill. She shouted to them to get off. The party consulted together, and, thinking they had made a mistake in the sections, they crossed the next section to Bamford's, where they knew they would be safe. To Mr Archer: He had never spent a week-end out rabbit shooting. Very little liquor was taken, only enough for lunch. He denied absolutely that any bad language was used. Arthur John Stanley Wyatt said it was the first time he had shot in the vicinity. They were on Anderson's land when they heard Miss Wallis calling ont to them to get off. They thought they had make a mistake and were on Wallis's land, and crossed the fence to get.off. They then crossed the fence into what they found since was Wallis's section. They used no bad language. Evison Cornish, one of the defendant!, and

S. Baiuford, farmer, Governor's Bay, also gave evidence. The Bench said they had decided to convict, as there was no doubt that a trespass hail occurred. It ,was a duty for shooters to make sure o£ tUo laud they were on. At the same time they were satisfied that the trespass was not an aggravated one, and that there had been no bad language, Damages would not be allowed, but defendants would be ordered to pay Court costs, witnesses' expenses, and solicitor's fee.