WAIKAREMOANA.

Manawatu Times, Volume XLIII, Issue 1444, 18 December 1919, Page 9

WAIKAREMOANA.

BIRD SANCTUARY VIOLATED. DECISION ON MAIN CHARGE RESERVE/D. At the S.M. Court, Wairoa, the Department in Charge of Tourist Resorts proceeded by their ranger, Mr Cobbledick, an officer of the Rotorua Acclimatisation Society, as follows: — (1) Cobbledick v. Howard Nattrass (Wellington), for having on October 3rd killed native pigeons in the Waikaremoana Forest, a protected area. (2) Cobbledick v. Howard Nattrass, charged under the Animals’ Protection Act for killing the said pigeons. (3) Cobbledick v, Howard Nattrass, using a gun in the Waikaremoana Forest Reserve. (4) Cobbledick v. J. O’Sullivan, aiding and abetting in the killing of native pigeons. Mr Foot, for accused, said he had only been instructed the day before, and he must apply for an adjournment. Mr Cobbledick, for the Tourist Department, objected, and said that as the summonses had been served on the 4th and 7th November, the accused had had plenty of time to instruct counsel. His Worship said if he did grant an adjournment it would be on a guarantee. that defendant would pay the costs to date. The costs having been gone into, ;t was found they would total nearly £3O, and the case was set down till 2 p.m. to allow Mr Foot to consult the Wellington counsel of defendants. On the case being resumed, Mr Foot said the defendants, per Mr T. M. Wilford, would not agree to pay these costs, and the case must proceed. Mr Cobbledick called George Allen Cook, who stated that he remembered Howard Nattrass and O’Sullivan staying at Lake House about Ist October, and was told off as guide to take them to Lake Waikare-iti. He rowed the party across the Lake, and on the way over they saw a swan and some young ones, and Mr Nattrass picked up his gun and fired, but missed. They landed by the side of the river, and went up the track. About halfway up they saw two pigeons sitting on a tree. Mr Nattrass fired and brought them down. Witness went to bring them up, and one not being dead he wrung its neck, dropping the head (which came off in his hand) on the ground. Before that he caught it by the tail, but it fluttered and the tail feathers came out on the ground. He brought the pigeon to Mr Nattrass. They put a branch of a tree over the pigeons and went on to the lake, where they had lunch. They came down later, Mr Nattrass ahead, carrying a gun. When they came up to him he had taken the pigeons and carried them to the main lake. Nattrass said he was going to put the pigeons in his car. The ranger stuck him up for shooting pigeons, he said, and that he could not find them. He knew the pigeons were not in the ’car because Nattrass told him to hide them. He got a £1 tip from Mr Nattrass, His Worship: A very decent tip! Mr Cobbledick; Pretty solid! Witness: The party asked where he had hidden the pigeons, for fear the ranger might smell them. Mr O’Sullivan brought him a statement to sign, which he did. Dale being st

ranger, he thought he might make it unpleasant for him, as the people there were his employees. When he signed the statement he knew it was untrue, and he signed it because he was afraid of Dale. In about half an hour Mr Nattrass told him a ranger had held up the car, but could not find any pigeons. Mrs Scollay and Mr Dale told him if he spoke about it he would be a traitor. Mr Cobbledick spoke to him— Mr Foot objected to this. Witness: He hid the pigeons in a cliff overlooking the lake, saw them later in Mr Cobbledick’s possession. They were wrapped in a blue rag when he hid them; he only found one, the other having been eaten bv something. By Mr Foot: It was not unusual to carry a gun on the Waikare-iti track when ladies were there, because of wild cattle. Mrs Nattrass and Mrs O’Sullivan were there. Had been treed by wild cattle. Mrs Scollay advised him to take a gun. There -were at least half a dozen wild cattle. Had heard of them coming at people. By Mr Cobbledick: Was not sure they were wild. The Dales had some. Never saw the cattle defy anyone on the Aniwaniwa track; they never held him up. William Cobbledick, a ranger for the Rotorua district (appointment put in) stated he was at Waikaremoana hatching out trout fry, and was told by his assistant that pigeons nad been shot. Stopped the car occupied by Nattrass and O’Sullivan, telling Nattrass ivhat he had heard. He said, “Oh, we have just left a ranger at Lake House, a Mr Dale.” Witness said he could not help that: he must look for himself. Mr O’Sullivan said he would report witness to the General Manager for holding him up, and Mr Nattrass said he would back, him up; that though he might know his duty the General Manager might not think so, as it would damage the house. They went back to the house. He deposed to the finding of the feathers and the head of the pigeon a little off the track. Coming back along the track he found two empty cartridge cases about where the pigeons were shot; they were similar to cartridges in the car. Went to the cliff, where he saw the boy and found the pigeons (or one of them). Next morning he saw Cook and spoke about the shooting, and about the false statement. (The remains of the pigeons, preserved in formalin, were produced, also the cloth wrapping, tail feathers, and three empty cases.) By Mr Foot: Made no threats to the boy. Never carried a gun himself, generally he had fish on his back. Had not heard it was a custom to carry a gun. He objected to anyone doing so without permission. It was Mrs Scollay who said a gun should be taken to scare away wild cattle. He did not think so himself. By the Court: He merely accused O'Sullivan as an accessory. He put in a plan of the Waikaremoana sanctuary, showing the area where a gun could not be carried without the permission of the General Manager. Mr Foot called no evidence, but referred his Worship to a section dealing with notification, no proof of notification in a newspaper circulating in the district in addition to the Gazette notice. (A leading case quoted.) Mr Cobbledick quoted the 1903 proclamation, also the 1908 Act, as an alternative by the insertion of the

word “or.” In 1031 he said the areo was still pi elected except for deer. It was not necessary to prove the 1903 notification. His Worship said he would convict on two of the cases and reserve another for ruling, also to dismiss the case against O’Sullivan. Mr Cobbledick said he did not think a Maori at this season would kill a pigeon, as they were breeding. Mr Foot asked his Worship to make a note of the fact that the gun was carried for protection from wild cattle. Mr Cobbledick asked for a copy of His Worship’s notes of the boy Cook’s evidence regarding the untrue statement signed by him. His Worship said he would reserve judgment till next Court day to look up the point re notification in a newspaper circulating in the district. He would convict on the second and third counts, and dismiss the case against O’Sullivan. The costs, tentatively, were made up to £22 10/.—“Wairoa Guardian.”