FEATHERS AS EVIDENCE

New Zealand Herald, Volume LXXII, Issue 22185, 12 August 1935, Page 11

FEATHERS AS EVIDENCE

PROTECTED NATIVE GAME WHANGAREI PROSECUTION CONVICTION OF DEFENDANT [from our own correspondent] WHANGAREI, Saturday Reserved judgment was given in the Magistrate's Court to-day bv Mr. G. X. Morris, S.M., in tlio case brought by the Wliangarei Acclimatisation Society (Mr. J. F. S. Briggs) against George Collinson (Mr. R. K. Trimmer), that 011 June 7 at Kiripaka he was, without lawful authority, in possession of feathers of an absolutely protected pigeon. At the hearing a charge of being in possession of hen pheasant feathers, without lawful authority, was dismissed. In the course of his judgment, Mr. Morris said: "Mr. Trimmer contended that in view of the fact that only a few feathers of a native pigeon were found, it would be ridiculous to convict, but I do not think that argument can hold. If a man is guilty of killing illegally a protected bird, he would not leave a large quantity of feathers about, and the most that would be found in the evidence of carelessness would be a few feathers. "Altogether, feathers were found by the ranger in five different places. Those found in pillows were old and could be an exception. There is one point, however, that defendant, when in the witness box, attempted to show that the feathers found in a box had worked out of the pillow, but the expert evidence of Mr. Falla, of Auckland, satisfied me that was not so. Again, feathers were found under a tree, and, of course, in a neighbourhood where native pigeons live, it would be dangerous to convict on that evidence. Nevertheless, feathers were discovered in three places in the house, one place being a fairly new sugar sack which would make a suitable game bag. Again, feathers were found, together with pheasant feathers, in a box, and this would seem to be the most likely place to find them, if * a man were guilty of killing native pigeons, and was careless. I have given considerable thought to this very unusual case, and I cannot find any reasonable alternative. The suggestion that someone with a grudge against defendant had placed the feathers in the house, is unlikely. Defendant will be convicted and fined £7 10s, and costs £4 lis." Costs amounting to £3 15s in the case against Collinson dismissed at the hearing were awarded against the society, Mr. Briggs making a strong protest.