MAGISTRATE’S COURT

Grey River Argus, 21 November 1944, Page 2

MAGISTRATE’S COURT

LENGTHY GREYMOUTH SITTING A variety of cases were brought before the Magistrate, Mr. A. A. McLachlan, S.M., in the Magistrate’s Court at Greyjmouth, yesterday, in a sitting which lasted for the greater part of the day. Senior Sergeant Holt appeared for the Police. • John Newton, miner of Runanga, appeared on bail on a charge that, at Rapahoe, on November 19, while drunk, he did act in a disorderly manner in the Rapahoe Hall and did resist arrest by Constable Theyers in the lawful execution of his duty. The Senior Sergeant said that another man implicated in the offence was now in hospital and he asked for a remand. Newton pleaded guilty to the charge, and Mr. W. D. Taylor who represented him agreed to a remand for a fortnight. Bail was allowed on accused’s recognisance of £3O with one surety of £3O.

William Fitzgerald Connelly, who is a patient in the Grey River Hospital, was remanded on a charge that he did behave in a disorderly manner Lt Rapahoe on November 19, and did wilfully obstruct a police constable in the lawful execution of his duty and resist arrest. LICENSING CASES A man found on licensed premises on November 5, 1944, after hours, was convicted and fined 5/- with 10/costs. Margaret Elizabeth Jane Steel (Mr. Taylor) pleaded guilty to a charge of selling liquor after hours in the Golden Eagle Hotel on October 28, 1944, a charge of opening for sale being withdrawn with the consent of the. police. The Senior Sergeant said that Sergeant R. C. Mcßobbie and Constable A. Wilson (who both gave evidence) had visited the hotel at 12.10 a.m., on October 28, seven men being found in the bar consuming liquor. Mrs. Steel, said the Senior Sergeant, ran a fair sort of hotel, but had a penchant foliate hours. Defendant was convicted and fined £lO with 10/- costs. Seven men found consuming liquor on the premises were each convicted and fined £2 with 10/- cost? on a charge under the regulations, an alternative charge of being- found on licensed premises being withdrawn. Duncaan C. Warren for driving a vehicle with insufficient brakes was convicted and fined £l, with 10/- costs. Frederick Alexander Warren was convicted and fined £l, with 10/- costs for driving a vehicle not equipped with a warrant of fitness. For taking acclimatised fish, two trout, with a spear at Ai-atika on November 5, Joseph Poole, David Shand, John Bourke, John Fitzgibbon and John McTaggart, on the information of the Grey Acclimatisation Society, were each convicted and fined £2/10/and 10/- costs with £l/1/- solicitor’s fee.

Mr. Taylor, who appeared for imformant, said that on the night of November 5, a ranger of the Acclimatisation Society, saw lights on the Aratika dam, and after waiting for li hours, accosted the defendants. Two trout had been speared and he had been instructed to ask for a substantial penalty—the maximum wa? £50 —as the Society intended to go to considerable expense to restock the river, but it would be useless under the present circumstances. Only one defendant had a license but not to take fe’h in the manner he had. The spear—a type of pitchfork —used would do more damage to fish than catch them.

Mr. A. M. Jamieson, who appeared for defendants, said that they had not been an organised illegal fishing party: They had been shooting with no success and before returning to Runanga, they had decided to spear eels. They speared 18 eels, but had .vjeilded to temptation and had taken couple of trout. The fact that they were equipped with only a pitchfork' indicated that they had not set out for an illegal purpose. SAWM'iLLER’S OFFENCE Tack Bros. Sawmillers, (Mr. Taylor) pleaded not guilty to a charge of falling trees without lawful authority at Bell Hill, the charges being made under the Forestry Act of 1921-22, and the Forestry Amendment Act, 1926. Mr F. A. Kitchingham, who appeared for the State Forest Department, outlined the features of the case, which were that the defendant company had been cutting bush in an area for which they hold no license, and for which tenders had not been called, and as that area' had been licensed to a silver pine cutter for the extraction of silver pine posts, the cuting had been to his- detriment. Mr. Kitchingham pressed for a substantial penalty, as there had been a number of cases of trespassing by sawmillers lately. The timber taken had amounted to 318,000 feet of rimu and 14,000 feet of kahikatea. The maximum penalty was 1 £lOO, but a penalty amounting to double royalty on the timber cut could also be imposed. Expenses amounted to £5/1/1, and double royalty to £597/18/1. Louis Walter Watsney, Ranger, gave evidence of an inspection made by him in the Bell Hill area. There was about 600,000 feet of rimu in the area, and a quantity of kahikatea. Jack Bros, indicated that the area they required was in the southwest corner. It was best that the whole of the area' be disposed of in one lot. He observed a quantity of silver pine in the territory. He told a Jack Bros, bushman that the company could not cut into the area yet. The silver pine was sold to another man, named Wilson. He discovered in August that the company had commenced cutting in the area. Now the silver pine areas were covered up and broken. Wilson was to pay for the silver pine on a royalty basis. To Mr. Tay/or: The appraisal was made at the request of Jack Bros. After an appraisal had been made, the usual procedure was for him to report to his superior officer. The timber was usually set up for sale by tender. The highest tender would be accepted, but witness would not sav that three or four months elapsed before a' license was granted. He would not admit that in the majority of cases, cutting commenced before the license was signed. Jack Bros, would be the only mill interested in the area. He thought there might be a thosuand silver pine posts in the area. An area of silver pine in the centre of the block had been destroyed. Albert Williams, State Forest Ranger, said he visited the area at Bell. Hill and discovered a trespass by JackBros. With previous' witness he appraised the area to see how much timber had been cut. It would be practically impossible to work the cutover area now for silver pine. No license had been issued or grant made to J'ack Bros. The area had not been advertised as for sale.

To Mr Taylor: The area had previously been cut over for silver pine sleepers. The tender by Jack Bros, for the area would be a mere formality. Mr Taylor said that there was no question of there being a deliberate wilful trespass. The bush was available and no one else would have been interested in it other than Iho defendant company. Jack Broa, had in fact written asking for an appraisal as they wished to commence rutting in the area. That part of the bug!) was the only portion which the mill could commence cutting economically at the

time. The winch was only 17 chains from the boundary, and it was usual for millers to start cutting in an area which they are certain to be granted without waiting for a license. It was not a defiant trespass, though it must be conceded that there was a' trespass. Carl Gilman, head bushman at Bell Hill, testified, to the delay and uneconomical procedure which would have transpired had the company been compelled to shift their scene of operations to another section of the bush. He had never been told that he was not to cut into the new area. There were only about a thousand silver pine posts in the area. This had not been damaged and could be recovered.

To Mr Kitchingham: The cut-tops would hinder the securing of the silver pine. The company would have to lift and extend their tramlines to go into any other area. The mill would have to be closed in the meantime.

Oscar Hay. manager of Jack Bros. Mill, said he had asked the Department to appraise the timber in the area, as the firm would require timber in a fortnight’s time. Tenders had not been called for the area. It had been the custom to go straight into the bush, instead of waiting for the license. The silver pine was not worth the trouble of getting. It had not been much damaged. He did not think there would be any hold-up in obtaining the area. Had the mill been stopped from cutting in the bush concerned, a further 18 chains of tramline would be required and the mill would have had to stop. Ha'd he known the area would not be granted, he would not have entered the bush. James Jack, director of J'ack Bros., said the mill had paid thousands of pounds in Royalty since it commenced operations. The Government wa's asking for timber, but the Department' gave no help. To Mr Taylor: The whole trouble hinged on the Department’s calling for tenders for silver pine instead of red pine. He did not know there was any prohibition on the area. To* the Magistrate: The Royalty would be paid when tenders for the area were called. There would be no trouble about that. Gordon Blair, manager of Stratford, Blair and Co., Ltd., said it was customary for a mill to cut into bush before the license had been granted. A previous Conservator of Forests had stated that every assistance would be given by the Department to facilitate rapid production by mills. John Spiers Robertson, director of Wild and Robertson, Ltd., said the way Jack Bros, had worked the bush wa's the normal way. It . was not usual to proceed with cutting before a license was granted, though there were delays in receiving the licenses. It would be expected that the millers wohld advise the Forestry Department.

To the Magistrate: It was not a good policy' to take the law into. one's own hands, even though the timber would eventually; be granted. “T'herje is no doffih at all that there has been a trespass of the type that cannot be countenanced by the Department,” commented the Magistral e. It was not serious enough, he eaid, to impose a penalty . on the double Royalty basis. Defendants would be "convicted and fined £25. costs 10s, and they would be ordered to pav £5 costs of appraising the damage caused by the trespass. He would also order that thev pay to the Conservator of Forests £5 which was to be used, if required, to compensate the silver pine cutter, and if not required to be refunded. Solicitor’s fee at £3 3s would be allowed.

MOTORIST FINED. In the first case to be heard on the West Coast involving the amended right-hand traffic rule, William George Henderson, of Dunollie, was convicted and fined 10s, with 10s costs and 10s witness expenses. Defendant, who was represented by Mr. Kitchingham, pleaded not guilty to a charge that being the driver of a motor truck on Marlborough Street, Greymouth, and approaching the intersection of High Street along which another vehicle was travelling, did fail to give way to that vehicle and .allow it to pass before him. Ralph Francis Heslop, N.Z.R. employee, said he was travelling down High Street towards, town. Approaching the Marlborough Street intersection he saw a truck .coming at him, turning to the right as it came. He jammed on his brakes and swerved his car to the right, but a collision occurred. Witness had been travelling at 25 miles an hour an f ] defendant at from 15 to zu miles. To Mr. Kitchingham: The two vehicles came to rest in the middle of the road in front of Rathbun s si ore. Had defendant’s truck been going straight through, it wouiu have been too late for witness to have given way, as he w'as already

on the intersection. He thought defendant’s truck' was about thirty feet away when he first saw it. Defendant, in evidence, said he had intended to stop at Rathbun’s store to pick up a passenger. He was travelling from east to west. He locke f ] to the right, but saw no other vehicle and was on the intersection before he saw Heslop. He could not stop as he would have been struck in the middle, and continued on his course. To Traffic Inspector Lane: Had he not thought that Heslop would give way to him, he might have been able to stop. “It seems to be a slight breach of the regulations,” commented the Magistrale in sentencing defendant.