MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 366, 26 June 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Ifcfore T. W. I'AUKKit, K.sc|., K.M.) KAUDIT OK IIAUi;. Robert Harding and Frank Harding were charged on the information of Mr. Wheatley, ranger, with having at Kakunui on the .'3lst May, unlawfully killed one hare without having taken out a license to kill game under the "Protection of Animals Act, 1807." Sub-Inspector Smith prosecuted, anil Mr. O'Meagher appeared for the defendants.

Robert Amies was called and gave evidence as to having seen four men with guns on the day in question. Robert Harding was one of them, but he could not swear whether or not Frank Harding was one of the party. Witness said be heard two shots fired, and saw the hare

fall. -One of them picked up the hare and put it into a bag. He could not say which of the four shot the hare. He tried to get the hare from them, but they would not let him have it. In cross-examination, witness said he could not swear that it was a hare which the defendants had in the bag, although he was pretty certain that it was from the feel of it he had, Ho was not positive that it was not a rabbit, but he did not think it was, as rabbits were not plentiful in that part of the district.

James Marshall said he had been with

the defendants at Kakanui on the day in question. A young ma-.i named White was also with them. "While in the swamp a rabbit jumped out at the feet of Frank Harding, who fired in the direction in which it went. It ran over towards the hill, and Robert Harding fired at it. The dog ran after it and brought it partly over to them. Frank Harding took it from the dog and put it in the bag. On leaving the swamp Mr. Amies came up and accused him (witness) of a hare, which he denied having '..jao-

„ --lime- attempted to take the bag from a lictle boy who was with him, but witness told him lie had better let it alone. The bag belonged to witness, but it contained the rabbit, which belonged to the party who shot it. He had had some experience with both hares and rabbits, and he would swear positively that it was a rabbit. In crossexamination, witness said lie had seen no shot marks on the rabbit, though they examined it afterwards. He considered that the rabbit was out of range when Robert Harding fired at it. John White, another of the party, was called, and gave similar evidence to that of last witness, but said he could not swear whether the animal in question was a hare or a rabbit, as he had never seen a hare. He had seen rabbits, and believed this to be a rabbit. Allan Hedley, who had been out shooting at the same time as defendants, stated that he had heard two shots fired, and saw a hare or a rabbit run off. A dog went after it, and brought something back, but he could not say whether it was a hare or a rabbit. In cross-examination, witness said he was nearer the animal than Mr. Amies was. and he could not say positively whether it was a hare or a rabbit, although he had seen numbers of hares. His Worship said there was considerable doubt as to whether the animal in question was a hare or a rabbit, and he would therefore dismiss the case.