MAGISTRATE'S COURT.

Oamaru Mail, Volume XXXIX, Issue 10708, 6 March 1911, Page 4

MAGISTRATE'S COURT.

(Before Mr T. Hutchison, S.M.) CHARGES OF PERJURY. . In connection witli a recent charge of indecent behavior Robert Young and Geprge Timmins were charged that on February 13 they d.id commit wilful and corrupt perjury' in the testimony that they gave on oath. Mr'Hjorring. instructed by Mr Ongley, appeared for the defence, and asked for a remand. :* Sergeant Stagpoole offered no objection and both defendants were thorefo're remanded to March 13. boil being allowed in one surety of £-10. ... THE RABBIT NUISANCE. .J-lMary. Fallon, of Enfield, was charged that being the occupier of section 33a, block 8, Windsor Park Settlement., she did'-fail to take reasonable steps to destroy rabbits on the land. ■(Mr Hjorring appeared for defendant, who. pleaded not guilty. .•■Sidney W. Tavlor, Inspector of Stock, said that on December 9, 1910. lie.-made an inspection of defendant's property and found that at the top corner it was particularly bad with rabbits. For an agricultural section it was in a disgraceful condition. Nothing was being done to keep down the rabbits. which were eating down the crops. Witness saw defendant, who said that sHe had had n man destroying the rabbits, and would have him put on again. Witness issued a notice on the following, day, and on January 3 again visited the property on which the rabbits were as bad as ever. There was evidence of traps having been set on Mie boundary, hut without, doing any good. .On February 8 lie made a final inspection and found the land as bad as':ovcr..

-To Mr Hjorring: About 10 or 12 aires only out of the "ifio were bad. r.-Gcorge Rcid, assistant Stock Inspecthat the land for ten or twelve acres iii the to]) corner was simply disgraceful for agricultural land. There w.ore one or two trap marks on the fcrpund, but they were not of recent daip. .'-To Mr Hjorring-. It was possible that a>*mnn may have been trapping without Signs of his work being seen. A trapper preferred to wait until March if he oiily got the skins for his trapping, as tne skins wore not so good in the.middle of'summer.

..This concluded the case for the prosecution. ■•'--.

"'"■ For the defence, Mr Hjorring called J/ohn Fallon, husband of defendant, who said ho remembered when Mr Taylor inspected the property in December. Subsequently he received a ribtice. to clear the rabbits. Ho had -a ra'libitCT trapping there in December autl February, and a vast difference was made. 'To Mr Taylor: The rabbiter was trapping in February after the inspectors final visit.

..-Douglas Shalders said he was rabbitillg for Davis and Fallon at the same time. He started trapping about the middle of December,' and continued'for a'fortnight, working, ninety traps. - He went over .the" ground once -and examined it. He got. 150 on "Fallon's ground. On February 5, two da'ys-be-'firre the inspector's ; visit, he 'started again. Altogether he took- 850 rabbits oil Davis' and Fallon's property. The rabbits .were scarce on Fallon's jjropert-y at the time of the second visit". >'• -. , ■';■ ;/- ..jj3sa':Mr Taylor: During his-first fortiuglit's trapping in' December he' spent ojfly"one day and a-half on Fallows property. After his second visit he was" sure there were not many rabbits on the place. He trapped for the skins alone, but though it was good for him tj> have jplenty of rabbits on a place it tfaßjio his interest to make a good job ;elearnrg or he wouldjiot get the Ties* year. ; r XEbStMagistrate said'he was not satis-ffeff-that-defendant had taken reasonable steps, thoiigh she had taken some. SfieT would be convicted and fined £2 and-: costs 7s:

'/SfPUEam Davis, also of Enfield--was charged on' a similar information; liavreference to section 34a, AVindsor PsMf Settlement. Hjqrring. for defendant, pleaded flSt*guilty; and intimated that the- defence would be practically the samb as iiiHfcbe previous case, Davis and Falion being- adjoining owners. Taylor said that Davis' property was bigger than Fallon's. - but defendant in this case had cleared the flat portion of his land, though in the hilly part; the rabbits were as bad as ever. l-"?si-r fine of £2, with 7s costs, was imposed."

JFafefes : Beck, Queen's Flat, Ngapara, charged him with failing to clear rabfrom'section 17a, block 7, Windsor Pjirk Settlement. Taylor said the property was'one of 213 acres situated at Queen's Flat, Ngapara." It was arable land ex-' ejept for one or two faces; and it was ri'off difficult to clear. On October 27, 1910, witness walked over the property, and found the rabbits to be very badj iflfleed. The following day he sent de-; feiidant a notice. On January 12th,: 1911, he was there again, and foundi .the place worse than ever. There werej trio signs of anyone working there, and ! noiorie about the place. On February; Bthy in company with his assistant, "bej made: another inspection and found ,the! rabbits in a disgraceful state. - ,'Jlefendant, • in evidence,-said that the ■ season had been a very bad.'one for stocky" and the rabbits had -increased •enormously. After receiving the" notice tier put on a man and. went over.'the; - ground himself poisoning the/rabbits.'; TK6. poison took fair!}' well. The .pasture was so scarce that he had to run; his sheep all over the place and could' not trap. Now that he had been com-; pelled to send away almost all his sheep; he was trapping. a . . . The Magistrate accepted defendant's: statement and took that into considera-! tadn.": A'fine of £1 and costs was imposed. BOUNDARY- FENCE. aiHelena- Dillon was charged that,j -'being-'r the - occupier of section 22a,f bloiks; 1-. and 2, Kauroo Hill Settle-! '.inißntJ:-she did fail to clear land of ai rtoxidns weed, to wit,_gorse. ■-.."■• ''Silnspector Taylor said the fence was -iMej- -boundary between the Mnrtiweka-'-Instate and defendant's property. -The; •''eM"-'fence had spread, and though the--Mahiweka people had cleared it all* off ' their side, defendant had not touched • it""."'!'-.-"' ■,;■•>■;!. • ~-;-Mr Dillon, who appeared in ; place" of "defendant, advanced the plea that'the {ownership of the property was not clear, as negotiations were proceeding for fixing the boundary. '.-His_ "Worship would not accept this^ a's-'it was clear that defendant was the •occupier; but on defendant promising .'"to-clear the land, he granted an ad- . joumnient- for a month. ; OF THE BY-LAWS. ; *A number of prosecutions . for • "breaches of the Borough by-laws were • Vbroiight by Inspector Henry Mathias. \ For driving a vehicle in a public place without a light Thomas Cooper was convicted and fined 2s without costs. ':'.*. IS.'Presland, William Croft, and Bert Appleby were convicted and fined 2s •--for riding bicycles after sunset without lights. For a similar offence Charles "Free was convicted and fined Is and Alice Appleby convicted and dis- : charged. : y- INSOBRIETY. ::One first offending inebriate was con--victed and fined "os. in default 24 •hours' imprisonment.