CITY POLICE COURT.

Otago Daily Times, Issue 13199, 4 February 1905, Page 3

CITY POLICE COURT.

Friday,' Febbuary 3.(Before Mr H. Y. Widdowson, S.M.) Drunkenness.—Waiter Levinson, who did not respond to his bail, was fined 10s, or 48 hours' imprisonment. Two Expensive Trout.—Alexander. Gardiner, George' ftotman, and Richard Motman swere charged with a series o! cllence? under the Fisheries Conservation' Act of 183 i. '.The first charge, one brought by the police," was that of using a net in the Vaikouaiti Kiver on the 27th ult., and with fahing to empty the same in the water. The other charges, one of using certain traps to catch trout—to wit, a net, and the otner of unlawfully taking trout without a license—were brought by tho Otago i Acclimatisation Society, for whom Mitt'. C. MactfrcJor appeared.—Mr Hanlou appeared "for tho delendauts, three youthful yoiing nun, and pleaded "Guilty" to tho charge of taking trout with a net, trnd tho other charges were thereupon withdrawn.— Mr V. C. ilacGregor said tnat the tacts wcro lliat in the afternoon of January 27 the defendants wero fishing with a net near the mouth of tho YVaikouaiti lliver. They were observed by Constable. Bom-ughs-to be using a net, which lie saw them pnli several times. After one of tho draws he saw one of the party take something out of the net and bury it in the sand on tho beach. Subsequent.)this object Was taken elsewhere' on the beacii and buried. The constable-crossed the river and told the three young men that they were illegally fishing, he 11150 went to the spot where something had been buried, awl unearthed two trout. When he spoke to the party about tho matter Gardiner replied that thev had only taken one .trout where others had taken'dozens. The young men were out there on holiday and employing part of their time fishing, Tne Acclimatisation Society had spent a great deal of money and trouble in keeping up the stock of fish in these rivers, and it was very wrong that their work, should be undone and tho law broken 111 such a mannor. It was usually difficult to get evidence to convict in such cases, but, fortunately, on this occasion the constable, who appeared to be a smart officer, had caught the offenders rcd-handsd.' The offence was practically one of poaching, and as convictions in audi cases were hard lo obtain, and v.hilo ho did not wish to' ask for a heavy penally, he could not ask for a nominal fine, but for such a penalty as would be li warning to others not to commit t-hd offence. The other prosecution by tho society had been withdrawn, because the young men were not men of means.—Mr Hanlon, for the defendants, submitted that tho young men were fishing for flounders, etc., and not 'ior trout. It was not likely that men would go out poaching at 1 o'clock in the day ,whon people (any one of whom might be a ranger) were about. Further, they had actually se-en the constable. While netting they had caught one or two small trout, about.the size of a mullet. They were tempted to.-keep these, and so were una-blo to plead not guilty to the charge. But lie put it to Hie court that it was rot a ease of poaching.. These were three young and respectable men engaged in mercantile pursuits. None of them wua earning a large salary or. was in a position to pay a heavy fine, and he submitted that a small penalty would be suffieieut.—The Magistrate said that he "would t&ko the circumstances into consideration. He was not inclined to fix the nom'uial penalty, but he thought a fine of 20s each ar.d costs would probably meet the case, and have the effect of stopping other campers-out from a like cffancc. A fino of 20s each was accordingly fixed, the costs (£3 3s Gd) to be divided among the threo defendants.