UNLAWFULLY PLACING A NET

Otago Daily Times, Issue 14447, 13 February 1909, Page 14

UNLAWFULLY PLACING A NET

A SOLICITOR FINED. John Wilkinson appeared before Messrs H. L Tapley and J. S. Hislop, J.P.'s., at the Cky Police Court yestorday morning on a charge of having, on Deeon>l)or 30, at Pounawea, unlawfully placed a net in tho Owaka lliver, betntr -a stream in the southern acclimatisation district. Defendant pleaded " Guilty," and a6kd Mi* W. C. MacGregor, who speared for the prosecution., to put in aa evidence a letter which he (defendant) had written to tho Acclimatisation Society. Tho loticr was,, substantiaMy in tlw following tonus: — "Yoiu- solicitor (Mi- W. 0. MacGrogor) informed me that it is your society's intention to prosecute rne for a breach of the law .in regard to netting in a prohibited area at Powiawea, near Ca-tJine. Perhaps a statement from me may causo your council to recall yoirr instructions before commencing an action against me, and causing mo the annoyance and vexation of publicity ovor a technicality On Wednesday, December 30, in an interval Iwtweon Convention meetings at Pounawea, racing from the shore a net ready for uso on a boat, two friends who had never oast a net before t-aid to me: ' Shall wo liavo a try just hero?' I accordingly toob the boat and cast the not on a rfood tido in thfi salt voters of the c-rtmvrj-at foAia-^

to, at tho termination, of the. main road, and within half a milo of tho dolphin. As tho net was being; cast it snagged en a submerged t.rcc, and t.lio cast was never completed. The net was left entangled until next day at low lido, when it to torn from the snag and treed, but no fish of any kind was 'captured. This was all done in broad daylight in tho presence of visitors to th e townshio. Tho following day I was accosted by tho ranger, and admitted having need the net at tin's point, but did not admit having done any wrong. I <hd not know the prescribed limits, no one pointed them out to mo, there who notices on ttio shore, nor did any fohorman or other person toll me I was doing wrong „, pu , tillff Hlo nefc where I did. I never thought of catching trout, \ e thought wo might catch mull* or flranden. I have a license to feh for trout with a ml. I, with , llallT otters, was a visitor to Pounawra. to "spend a holiday, and had no intention of ,-mmin* foul of your society or of the law. I went there to escape lawsuits, not to' "ot into .tlte.ni as a party I think vou will agree that a public prosecution under (he above circumstances would- bo treat in" mn without, that amount of courtesy sidera.tion that a member of tho community of Duiiod.in such as _ myself has a right to expect from a- public body, tho individual members of which know mo weli. I shall bo pleased if your society will now drop tho matter, as it cannot seriously bo contended that I intended to defy tho law or your august society.

-Mr Wilkinson said he was by no means, satisfied even now that it was in the Owaka River he had fished. Ho produced a map, and pointed oui that tho mouth of tho river was variously placed (by different peopk). Tho circumstances by no means warranted a prosecution, and the Inspector cf Customs, on being informed by tho ranger, said that it was not- a. case for prosecution. This case was brought as from a private individual. It appeared that the Acclimatisation Society had more regard for the fish of the Dominion than for bis Majesty's subjects. Tho law was very obscure on tho subject, being scattered through many volumes of the Gazette. He questioned whether oven the counsel for the prosecution knew all its ramifications.

Mr MoeGrogor said the prosecution eamo from the Acclimatisation Society, and not from a privaio individual Thoy did not like prosecuting a prominent citizen, but the society cotdd not make fish of one person and Hesh of another. There could lie no doubt Mr Wilkinson had committed an offence, and very properly he had pleaded guilty. A local resident had complained that it, was hard that they should not be allowed to not there if visitors could do so. Unfortunately the minimum penalty was 40s and tho maximum was £50, the amount of the fine resting entirely in tbc hands of their Worships. Ho did not suggest that a heavy fine was required.

Mr Wilkinson -said ho not only got fined, but experienced annoyance and publicity over the affair; got his name in the police records, which jjfts not a pleasant thing; but what affected him most was that he lost his fishing license. Their Worships held that, although not perhaps intentionally, defendant had committed a, Jweach of tho act, and imposed th« minimum penally (40s). They hoped th< society would not cancel tho license. Mr Wilkinson: That is automatic. Mr MacGregor: Just so. But there is nothiiuj lo prevent your applying for, and being granted, another license. Mr Tapley: I hone the society will grant it. Mr MacGregor did not claim expeases, either professionally or for a witness who was in attendance. Two or three similar charges were set down for hearing, but all of these wereadjourned until Wednesday, to allow of the presence of a magistrate.