Tuesday, 15th March, 1887.

Lake Wakatip Mail, Issue 1582, 25 March 1887, Page 5

Tuesday, 15th March, 1887.

LAKC-\Y. r,t<pnn v. Arthur Kiivlutl. A cliarpe of beinp, on tin; -it!i Mar. Ii instant, .it Kinioch, Hea>l of Lake, an aiww rv in the Lrcenv of one r»»*i r. tlie* pn;ptrtv ff R. C. Bryant. ( Accuse.] is brother to Waiter I»ir«:li.ill, uii«) committed on previous day f r tile lan-t-nv of ti>o sai-l steer. I M'L«*l i-oiniucfe<l the ease lor the ( rown. Accuse.! w.i* u:uit f.-li'leil.

K. (". Bryant, hotelkeepcr, Kinlnrh, pare similar evidence to that adduced in previous case W. Ibrchall. ami fur'her tie}.->s»<l tint accuse! ps'iiii hi ii to compromise the matter for the sake ot h:s.i;r'l in .th-r at.<l tamdy. Mo the of tlic •lav in question i*>t!i Mar.-nl. alt-.r rt-tnn: from the swa-.p * it!i the stcci's li-a.l, ac-uscd and Ins broth r were handcuffed in witw si' nih ,*e at Kinloch. ami win n gjing from tl:c:e to one of witmsV for ihe ni'.lit tiny tri*<l to make their escan-. A«Tlse«l s!ipjie<l one of In* li.:ndl out if the h.ii'loirts an I. in miking off, ti.td to secure the iieail. '! !ie constable went in put suit ai.-l ayain arr.«-!el h>in, af'.er running aluut two chain*. ufterwar-ls f.innl t:.c licaJ iu the s.itil> al'"iiT!!ils; tlie traik. To acc^iserl—When yon rame to my place on SatcrJ..V you a«ke»l me it I ln-i mule any arrai'p - - me-it.* with vour brother Walter, an-l I sint "No, I W'.ul I nut;" an-l tlicii you a>ke t | me to compromise the matter ami give you a receipt, which I tleclllUil '.o ilo. John Burrows, cor.stiMe, stationed a* Qiu-e!\--tT»n, to jroct-c Inijj to the Hal of the T.ihc f ••m iiiformition received concer-iing tlie larceny of the ateer ;r*. i|iicitinn, ami Lave similir eviilem-e as in larceny case pre\ioiia il.iy. :is 'o fi.iilm ' the hen-! of fame, etc., msv.iuij) m-artJl icier Cie.-k, and to the bringina of it ilown to K':! ich, when accusal and his brother were handcuffed. Whilst pr.icetdiiig from the office <>f Bry.int'a hotel t > one of the collates a.cu*e.l sli;i|»el one of Ins h mdcuffi and ran ha. k to the hotel where th" In a<l was, ami was in the act of taking it tthen witneg* came up: accised ran off with it two or t!r.->-ihiiiis liefore witness arrested him. He ih«e« tiie head into the sciiih. and witness fired a shot n«ei hi* head which made h>m stop at once. Jmt aft<r arresting .venaed on the 7th instant, accuse I sid to his brother— " I have to thaik you. Walter, for thi*." On t!»e folio*inir day, Sth instant, accuseil sai.l to »itnes>—" I (irm't see how I can uet into trouble over this. I was driving my bullocks up the flat when my brother Walter came up on horseback itrvina lnL " B,Ptr - 1 asked him where he was coin'.' with it, and he tihl nie he pnrcbT<ed it from Mr Bryant. He then drove the steer into Lite bush an I killed it. Afterward < Walter told me th-.t he had not hou-ht the hnllock. Walter skinned the hul'ock binr»elf Cn Saturday ni.hl. and on account of his mv brother I aaaiatdl him in cairjim.' it away iu •"»•.'« to the lagfvin " Witness had I of the bollock's head until Wednesday. [)<U instant, when he handed it over to S.-i t t. M'Lcod. There were two hu'.let In !••« in the head.

Strut W. M'Lrod, stationed at Qneenstown, deposed to havinit received the hullo-k's head from pieviona witness; a'so t> having skinned it and ;.:> lii .- <>ne Imlltt in tbe head. For the thfence,

Walter Birelia'l deposed—The accused, my j brother, knew nothiup cf the st»-cr lain;; stolen I until I tol I bint; he did not ki lit or have anything to doing aw av with it. I killed it id tout "tOO | yards from the ligmn I cut it ii|> into piee-s, put I them into baas, placed them on a horse ami carried I them into the v...ter of the la-.'onu, all bv myself. This conclude I the evidence. Accused was ; committed to take hia trial at the Supreme Court, I Ihinelin, on the 4:h next m-mlh. the Magistrate stating that he was willing to admit accused tj bad. " aviL cases. T. S. Smith v. J. Johnson—Judgment summons —Defendant offer, d to pay £1 cash and the remainder by instalment- ot 10s a month. Order maie a<r-"or liucly, by consent, in default of payment 14 days' imprisonment in Arrowtown gaol. D. M'B.He v. I). M'Kcllar—Summons not -■r 01. Mr Tilrton, for plaintiff, said his client wis suing for amount ni a dishonored acceptance, and lie asked that enquiry 1»- made why the summons was not s rved l>y the bailiff. The writ was sent away «n Friday, and th»* bailiff had till that day (Tuesday) to s.rve it. The acceptance was at three moutlis, and just before it was due defendant hid given a mortgage over his property to the N.Z. Loaii Co. for I*looo. Adjourned till next sitting, enquiries: to be made with regard to j non-sen ice of summons. \V. Wairen v. J. Oliver—Claim for £7 15s. 1 Judgment by default for amount claimed, with I cost-, 10*. i BREACHES OF THE UABP.IT NTISAVCE ACT. (The informations below, laid by \V. Miller, I rabbit inspector, were all for neglect of defendants I to do all such act*, fiiic*. etc., a*, in the opinion ! of the inspector, be necessa.y Jo destroy rabbits on lands specified, on the rh ut-st noti<e jiossible, a?»d for not continuing such acts, etc., while such ral bits were destroyed. Mr Tuitjn apjieared for the prosecution.) Crown r. J. Butement —An information lail by W. Miller, sheep inspector, for having neglected to take r>r "•;<• r steps for the destruction of tabbita on land ib Earnslaw district, Head of Lake.

Mr Bulement said, being the first on the list, that he desired to hand in a petition from IS or 19 defendants in cases similar to the present one. His Worship (after reading the document) —As far as this goes with regard to the employment of a solicitor, I have nothing to do with it; the matter is left with the Department I believe the solicitor can charge a certain fee in such case and no more. Still, I think if the inspector had known before that the defendants in these cases were prepared to pleaded guilty, he would not have employed a solicitor. I may mention that a guinea is the price of professional fee where there is no defence, and £2 2s w hen a case is defended. Mr Dutement—Will your Worship adjourn the cases until we communicate with the authorities? Hs Worship—Well, no; but if all plead guilty I will enter up judgment, and defer execution until a reply is received from Government. I cannot adjourn for a month and let the eases hang over. I shall he happy to accommodate as far as 1 can. Mr Bnteraent—Then T plead guilty. Mr Tin ton, for the prosecution, said that defendant had brou.ht witnesses to rebut the charge, and he (counsel) also had witnesses on the other side to prove it. Nome remarks had been made that weie rather hard ou the ins|icctor. The previous inspe -tor had b en discharged on account of not doing hi" duty, and it seemed as thoigli there was a drsne ou the part of some t<> threaten because he did w attempted to do his duty. (Counsel hero real departmental circular, dated April, ISSO, to show the necessity ol the inspector to cany out his duties.) Aiain, in August foil >v, - ing, another circular (read) wis a stiffsr one. These documents showed that, so far from the rabbit inspector nunc •os.iri'y harassing people, he was only doing iiis duty. The land reb.ired to in the present information was the breeding pound fur the Heal of the Lake. The Depart nun t had used every means to keep down the rubhits on Crown !>::ds in the Wuk.itipu, and it cost the Government i'l">o per month in wages alone for rabbittere—or, in I'und numbers, nt least £3OOO a jeir for wage*, poisoned grain, c'e. Mr Bnteinent -1 have been ruined by the rabbits. I have b en 20 years in the district, and now have to clear out of it

His Worship—l ijnite a:ree on the hardship of the nuisance, 1 ut is is no doubt hard on everyone afflicted.

Mr Bntcment— There is bus!) Crown land adjoining my property, and I am not aware that Government hive done anything to it, although I cau pr ,ve that it is nothing iKe I ut a rabbit burrow. His Worship -In eoifederation <-f the com.s being heavy I sb dl fine you the minimum penalty of £5 for a accord offence, with costs, £0 15s. Same v. .1. Whelan— Similar offence at Arrow .1 unction, Knw.irau. Defendant pleaded guilty, l'imd £2, with ots, £1 lis. Same v. H. M'Rri.le, Hives Lake -Similar off-nee. Pbadcd fui tv. Finid £2, costs £1 12s.

S.«nic v. A. Urquliart, Hayes Lak. 1 — IXfi ndant pleid.d not guilty. W. Mider, rabbit iuspectcr, deposed to a creat many rabbits Ixiug on the land in question, :md of having to c inphio rep?ntei : !y of ■!. fc.i lant neglecting to po:sui rabbits. Crossexamined -I li'ii you have employed some one alter getting liie notice. J. H"inbrson, I'gent, Conob'taied tile e« ui. n-e of previous witness. Defendant was lined £2, costs t'l <s.

S'im..'v. T. M'lntvre. Ar-ow. -I), feiidm* pleaded pniilv, and was third L"j. with costs t'l Ss. Same v. .John .!. M'Blide. Frank ton. -K. M'Jbidc father of defendant who received the summons for |,,« son. j.U?ided j; lilty. Fined £•_'. with costs II S*. Sam*'v. A. 11. I> Hayes I--ik«*.- Defendant saiil that two Motion*- of 1 ind inclided in in'urmation viae net In-., al- > tint h ■• had t.ik<'ii action in de.<tmying the rabbit*, and therefore did not plead vii'lty. W. Niiiler, sheep inspector, and .' Hfii.ler«ofi, hii.i-eiit, f-iivec«idcnce to Rhnwnojrlect of >'*• f.-*"d.int in not taking steps to destroy rabbits. A. H. Doiiyl ■•>. f.T <!• ■?• ii.-. avi -r. d *!i it he had put t .in men on M»rven H II (tlie land ii; (jnestionb ami hid taken «.!!" it '2OOO ralibits. t'ross exMinined

The seeond man was put on after receivinr- noti afrom inform, r*. Wat at a at Anowt ivn some time a:o tor the inspector to prosecute in i ....I-, i.ur w itue-s rook no part in it. Hi- Wor.'hip -Yon hive not proved any hinjj in y >nr favor, nor carried nut the Act. Your difeiice is nothing. Fined J'_\ wi'h costs t"l l - _'-. Snne v. il. White. Hives Lake. S-u.tover Survey di<tii;t. Ik fen.lai.t ;isk" I f r instruitioi.fi bow to a* I e had taken vi rv <-ni r »tic n.e '-ires to deitroy the rabhit", although tle-ie ••> i> still a nuiuber of them on the hod. His Worship said it «•-i. ' •'i h a plea of no! Irivini! villi in, but in evl i. . . . t t.,l;ni suihcient sieps to .lisMoy ti • m He'cndant plcadtil eui,:y, u..l ..as fined t*'J, wit'u cos's t'l IK T! l'ritihirl and IV K rn, Coin T rraee, pb:ade.| ("uilty to .-i-nil n- i hai _;es, and were each lined £2. w;rn .: .sts til Si G i. Samev. W. Reyii' 11«, M.mai-i r Rist'-uni Sta'.i>n, K a war.hi liivvr, phadel i"f (-niity. W, Mil'ei u ave eiidiiice .as t. nefemlunt not Invin.* tu«'i proper steps to destiny ra''l>tt« on the 'rat of •■ uutry—ao ntt 700 acres— tihich reipnnd two oi three men i;i v.* present state to reduce the r.l.iiber of labbitl. .1. 11-a bison, ••j,'-nt, cori.>r!i' rated

evidence of previous %*iln«---. .nil -iii..l, i'i . r>.->-examination, tint vlien seixin. t>u* u >ri>-«- il. K-n.l ant. was ln.ikuiL' for a nan, .nil had (uitncss hebevcd) put a man (in ;>t the •imc. 1 >cf>-iii!;int a»erred that he was a new come", atiil uaion liic Bt,tti"ii simply to sic the shearing liiri U'ii. lie lied a man when«crved null a notice to poison, and iio one catnr round aijain to look nhi» lie In i don'* b-fore Reiving the summon*. Ihiciul.tut waa fined £', wi-h cos > £1 i:>i. Sam-,- v. II M-Ki'.u,n, Crown Teracc—PLa-led guilty. Fund i'2, with costs I'l Lis.

X.vue v. \V. I\.t-rs i ■». Arrow.- -Defendant ilea led giiitv. Imt said !:•• w«s busy shearing at the tunc an I Ins son nejVcted to prnnon *t unci*. Hc&itUs, the «Von-n lands adjoininc. were fti" 1 of rabbit*. Tie- Maid if the ('sown laic's \\n- mt properly ebaml it could not he expected that lewould lire <n)vcriiiii.'i.t. although thev ou-.!i! n >t io keep a warren ndj.iii.ibg private land. Fined i'2, with costs £2 <k

Same v. .1. M 'Donald, Arrow—ftefi n lai t pleadi il not entity and that Crown lunN adjotuioj were ovirniii. For pltintitf, A. I' \w!', a raMij.ter, deposed tii.it from M.iv to Aiijii.it, la-t he was constantly destroyingtubbits on the (,Vown reserve referred to Hy defendant. New Clmm gu'lv »;. >ken of l.y defendant in previous ca«e was also p isoned by witti.-sa and party. To defendant -Yo.i and I'ritciiiiu were toi tic d t.» p lison. J. Lin wood, raitbttc:, conol'oratcd the ev deuce of p evio.is witness ; he saw no one working about il< fendanU.

For the defence, .!. M'Dmald deposed tint lie hul jKiivnieti liia puldock twicrt and part of it thiee titr.i■*. He also pi i iimed t!u- Crown reserves adjoinat liia own expense, tin- first time sonic time c uly last winter. II: al-»o placed some traps across Ihe secti.uis. Cross-examined—l Lave dune nothing since harvest commenced.

The Magistrate said defendant had made a loiib-to-do al>out having one man and another at uoik poisonur.*, but both the a-ent and inspector hid sworn they never vwv anyone on the ground. Defendant was lined £'.'>, with costs i'l lis. Smie v. (J, Li\v, Arrow —Defendant pleaded guilty and was fined £2, with cost* IT Us. Same v. K. Campbell, Arr.iw—Dtfeudaiit pl'wled not guilty. \V. Miller, sheep inspector, deposed that tiic ground in ipieation was very had with rthl.ifs, and he was not aware t;f any person trapping there. J Henderson, agent, corrolio* rated tiie evidence of previous witi.ess, and was told by defendant I hat he hid a lad on the mound. Cross-examined A couple of men with 100 trips evh would frighten the rabbit*. Wis not aware that defendant g»t about 4,O<K) ndiits since N'.vimher. Had very often to jas ;!i. lat.d, but did n<>t ate a man about the place, K. t'ainpliell, in defence, di|io.-ci (.hat a' ml tlv middle of November list he en.: iron a loan till a'smt New Year, am! paid him for about IOUO rabbits. He afterwards got a man from the W.inaka, and had bince gut about another I'.'DO skins.

Cross-examined—The lad had over 59 traps at work. Siuce New Year A. Cameron, a professional rabbitter, had been engaged with 50 traps, and was kept oo m long as it would pay.

G. Spence deposed that since the latter part of November defendant had a rabbitter on continuously, and witness had been over the country nearly every day. He considered trm about 300 out of the 333 acres were clear of rabbits—that was, in his opinion. His Worship-In your opinion, you say; but I want the opinion of the otlicers of the Department. ; You might have tried to prove yourself not guilty, but you might save yourself that trouble as long as J the inspector or agent gave an opinion that you j have not done ail necessary acts, deeds, matters or things to destroy the rabbits on your land, and have j not continued to destroy them. In consideration of the extra time of the Court taken up you are fined £3, with costs £ I 10a. Same v. C. U'Fce.—Adjourned till next Court day, in consequence of doctoi'a certificate that defendant is unable to attend, Suite v. B. It. llaird, Hayes Lake.—Defendant said, before pleading guilty, that he thought, after the remarks mule by his Worship about Campbell in t!ir previous case, it would he useless to make a defence. Wish reference to the paper or petition befo e the Bench, lie was sorry he signed it, being under the impr-. ssiou it was merely for ihe object if reduction of professional fee. If permissible he would rsk that his name might be stiuck out. T«e Bench declined to allow the name to be withdrawn. Defendant —Very well, I shall nevertheless plead not guilty. Mr Turtou said this ra*e a little different to the rest, because notice was titst sent to Cockburn (defendant's manager) ly request of defendant, but Cockburn afterw aids left hiiu informant had to serve a fresh summons. W. Mile'-, insjiector, deposed that he did not consider defend n't I.ad taken the necessary steps to dear off the i dibits fiom his farm, which was about

4otJ acres in extent. The first notice was served on Cockburn on the 3rd December last. Witn-ss saw two boys on the Morven Hil! side with two ferrets; towards the top of ih? hi 1, on lh» Morven Hill side of defendant's ground, the rabbits were swarming. Witness again went on the 10th iostint. when be found the country was much in the same state. I>hl not think defendant had a pio:»er syst»m to clew off the labbits. A notice was posted to defendant on the Ist instant. Cross-examined— I found the land on the Morven II 11 siil- very bad, also that portion adjoining Whelan's, Urqnhart's, Douglas and another, and I swear th it the area has not b°en cleared. No doubt the rabbits cnine off these lauds on to yours, and rice rerna. If each bolder were to destroy 700 labbits a month on an aiea the size of yours, it would reduce th'.' number •.rvatly. lamn >t aware yr u have :i contract with Angelo to destroy t'oe rabbi Is. I gave you peis)i;al ntitice on the Ut March, and siimmoned you for the 10th. It wns only abut Mr Paterson's firm that I savv anything doing. To Mr Tnrton—l think defendant's place was woise than Wlndan's. .1. Heiideisin, rabbit agent, who hnd bern over the ground six or seven tunes, gave corroborative cvidt-n.'i*.

i'ih tilt- defence, S. An.'(■!" deposed that he had had a contract ivitn difendaiit l! r last two years for d.-strnyiinj i-.-dibit* on the area in •jne->ti<*ii. which ho did with tiic u-tsistancc if Li-* two son*. Al»out the 18th September last lie to'ik en nn extra man, and almost continu illy since tlu'ii had lieen desti-ovint: rabbits. Since ;h it date lie lia'l ill sfroied over oOUO rabbit'. !i.- linl if t think it posdble t«i keep down tlic rabbi's as loni* .is defendant's n.'ijhhnis neglected to i|o tlnir shaie «f work. He haully though* tint ill • aria I iho.it 4.*)1) acres) could curry at the rife of 10,000 rabbits (six eipial to one sheep) and 700 •dieep, besides lai>/e cattle—a e,ood part of th" land a's i l»irq under i*io|i. Witness was not limited to the number of hand- he was to put nn. Cross-ex tmiucd —I am not hivh'C ' hat linger the A't I have to destrov rabbits on the public road adj •iiiiii:/, the are; 1 .. We hive tripped on the rou'. IK feiulant once had a good rahhiter named lloli rt>on, who paid lie was making C\ a day, and \it he could not k't-p the rabbits d out. I'> 11. liaii'd deposed that ever since he had "ii tin* aria in ipie.Hiou, h's nliject had been to udace the tab' l ii* ; I mi* he fi und, after expending a c>n-a lerable .Miiou-it of my, that it was almost iinpo-Mhle to !." ]) tl.rm down. The only wav would 11; if a 1 the landowners were t> act simultaneously in winter, that the rabbits could be kept uown. I'rom the end of lSS.'i to ISSrj the la*t pivmeiits toUobirt-oi weiei'Jo 10s and i'B It!-. In S-pienb-.-i list m itne-s'jut a nun nrinvd I'cti'ie •Aim said it .i"iiM not p.iv to kd: the rr. 1 bits, as he r■ -iilll nit inaki 30s a week. A'i el i was then put on an I had killed ■'-,-'''o in less 'lnn mx mouths. It was a m nil iincos ii i ity to keep the rabbits down in leu j all hands Worked loi/etlier— otherwise the 1) st plan would be for Snneboiiv elic to take the lual. I io<s-exaniiii"d- If Wliclan, Lowe, Po'iilas and I'npdiart co-operated the rabbits could le kept I low n Anuelo and his t»vo sons <:o out trappi r.g 1 ,ii.! f-'iretiie/, V.ie ! e.i.-h, in !n_r jndg tucnt said I quite «.y in pa thine wi'h y >•<, and do think that if all the I landowners work-d together they would keep the I r.'iou's down mil ii letter than they do. Hut I | iMiini.t set over th. swo: n te-t moi y of the inspector | an I his :i" nt tii.it the i round is n-t proper'J' eleared

. f i-ilil'iis. I have tixi'l n r rihe than liifh-rto it from £i ;■» t'-'. l-eeanse it i-* ridiculous !o inflict, a Mini! tier, wl.i It only encciii a'C* pe >pl« to nt lift ileH'roxin'.' thi! ral-bits. Still, men in sonic parts ar • spendins large i.:enm"s, and >vt th»v ■■aniiot l;e<p lire rdihi'a down. You a>e li'ied i'2, wi li costs CI 10s. I I'o Mr Turton.) You can i'i,: i ; !i a '•or-y of the petition lud.-i din Court. (To Mr I'aterson.) I «ili i.iv« def-ndant«a wee'; b-fore taking PX'di'ion, in order to allow tinman npnor. tunity of appealing to Uowrnmctit in the matter of prulei'>k , nal Ice