NOT OUT OF SEASON

Dominion, Volume 21, Issue 14, 11 October 1927, Page 13

NOT OUT OF SEASON

TRAPPING OPOSSUMS prosecution' fails Charles Fleurty, Richard H. Fleurty, and Charles B. Slater appeared before Mr, T. L. Maunsell, S.M., in the Magistrate’s Court on Saturday, charged with being found illegally in -possession ot 106 opossum skins, which were taken out of season. Slater was also charged with hunting or killing opossums .in a State forest without first obtaining a license, while the two Fleurtys were charged with having aided and abetted him. Mr. .1. M. Tudhope, assistant Crown Solicitor, appeared for the Department, while the three accused, who pleaded not guilty, were represented by Mr. A. B. Siovwright. Tho evidence went to show that the Fleurty brothers and Slater were licensed trappers, who resided in Lower Hutt. Slater’s license related to the Orongorongo, while the others’ license allowed them to trap on State forest lands in the Otaki Gorge. 'The season opened on July 20. and continued to August 31. Before it commenced, however, Slater went to Orongorongo. and, discovering that there was no scope for trapping in that area, ho joined the ether two accused in partnership to trap in the Otaki Gorge. The borthers trapped on State forest lauds, while Slater trapped on private property, with a permit from tho owner. The total number of skins trapped by tho three was close on a thousand. On September 5 the skins were brought down by the partners, and stored at Lower Hutt awaiting sale. That day, under a search warrant, the skins were seized by a ranger named Uren. The contention of the prosecution was that there wore at least 106 skins taken prior to the opening of the season. Various expert witnesses were called to support the contention of tho prosecution. but in addressing the .Court Mr. Siovwright stated that evidence, did not correspond, although they had generally agreed that the 106 skins belonging fo the trappers were “stale” llnkyn out of season). At the same time, however, none of (hem could swear definitely that the skins wore taken prior to July 20 of this year, as the “sialo" appearance was perhaps due to tho weather conditions, and the methods which lhad been employed by the accused in drying their skins by tho camp tires.

After Mr. Siovwright: had addressed the Court on the seriousness of convicting his clients without absolute proof, llis Worship said that ho would have to dismiss the charges concerning the taking of opossums out. of season.

At tho request. of Mr. Stndhopo. the other informations were withdrawn. ■