SOUTH OTAGO

Otago Daily Times, Issue 22609, 28 June 1935, Page 12

SOUTH OTAGO

MILTON Territorials Lieutenant-colonel P. H. Bell, D. 5.0., will visit Milton next Tuesday evening for an official inspection of the local platoon of the Ist Battalion, Southland Regiment. He will be accompanied by Captain A. J. Moore (staff officer in command of Southland Regiment) and Lieutenant A. R. Cockerill, D.S.O. Ministerial " Retreat " Nine ministers of churches associated with the Clutha Presbytery have been attending a "retreat" at Pounawea, when conferences were held on spiritual matters connected with the church. The " retreat" commenced on Monday afternoon, and was continued until Wednesday afternoon. Ladies' Golf Following is the draw for the second qualifying round in the Toko Golf Club's Ladies' Championship, to be played tomorrow afternoon:—Mrs George v. Mrs Wethey, Mrs Kerse v. Miss M'Laren, Miss Clery v. Mr s Hitchon, Miss Jones v. Mrs J. R. Wilson, Miss V. Wilson v. Miss Hislop, Miss Gray v. Mies Ferguson, Mrs Cameron a bye. Ladies' Hockey In the South Otago Ladies' Hockey Association's shield matches to-morrow afternoon Milton A team will play Stirling on the local ground, and the B team will receive a visit from Lawrence team. The Bruce Club'6 A and B teams journey to Kaitangata and Waitahuna respectively. Obituary The funeral of Mrs Mary Dryden, of Wairoa, took place at Fairfax Cemetery on Wednesday morning. The deceased, who was aged 84 years, died at Wairoa on Sunday at the residence of one of her sons. Her husband predeceased her about 40 vears ago, being accidentally killed at the Milburn limeworks. The funeral service was conducted by the Rev. S. 1. Nicholls, of Milburn.

BALCLUTHA

Alleged Trespass and Assault

At the Magistrate's Court, Balclutha, en Wednesday, Mr H. J. Dixon, S.M., was occupied for the greater part of the day and until 9.30 p.m. in hearing charges of trespass and assault arising out of duck,shooting expeditions on the lagoon at Finegand. Donald Sinclair Andrews and William Robert O'Fee (taxi cab proprietors, Balclutha) were each charged with trespass at Finegand in pursuit of game on Ma'y 19, on the information of Martin M'Allister. Each defendant was similarly charged in respect of May 30. W. R. O'Fee was also charged with failing to produce his game shooting license when requested to do so. W. R. O'Fee was charged with assaultting Isabel Betsy M'Allister on May 30 by striking her with a piece of metal piping. Eric Yorston was charged with on May 30 assaulting W. R. O'Fee by striking him on the head with a plank. Mr R. R. G rigor appeared for Mrs M'Allister and for Eric Yorston, and Mr C. J. L. White (Dunedin) for O'Fee and Andrews. Mr Grigor said that the informant M'Allister farmed a part of Shaw's. Finegand. estate, and he had always tried to protect the feathered game there. At the opening of the season this year the informant had told O'Fee not to come on his property, but had found him there on May 19 and told him he was trespassing. On May 19 the two defendants had been at the Finegand lagoon on informant's land, and when asked for his license O'Fee had refused to produce it. On May 30 the two men returned in company with two others, and the informant found them there in two boat 3 on the lagoon. They were shooting for about two hours in the early morning, and eventually the boats came ashore at the mouth of a canal, and Mr and Mrs M'Allister pulled the boats ashore with gaffs. O'Fee and his men jumped ashore armed with short battens (used for killing wounded ducks) and Mrs M'Allister was first struck over the arm and then on the head by O'Fee. . Martin M'Allister said he had occupied part of the Finegand estate since 1930. His land went all round the lagoon, as far as the bank on the side opposite the house. When he had told O'Fee not to come on his land shooting, the latter had replied that he would shoot where and when he liked, and that nobody would stop him. Witness's brother-in-law, who held an adjoining farm, also told them to desist. He had found O'Fee and Andrews on the property on May 19. That was when O'Fee had refused to produce his license, and witness had ordered them off, threatening to sue for trespass. A week later he heard the guns again in the early morning, and went there with Dick and Erie Yorston and Mrs M'Allister, and Dow also came on the scene. Andrews and Myles were in one boat and O'Fee and Gaudin in the other, and when they came ashore witness grabbed a bag of ducks out of one boat, and threw it ashore. Witness and his wife tried to fish the guns out .of the boats with gaffe when they were inshore at the canal, and it was then O'Fee assaulted Mrs M'Allister by hitting her on the arm and head. Eric Yorston, who was Mrs M'Allister's brother, then hit O'Fee with a piece of wood (six by four), and O'Fee fell into the water. He was pulled out, and he and the other three men went off, leaving the boats. The lagoon comprised 16 to 20 acres.—To Mr White: It was quite true the men were on the water and did not want to land. Eric Yorston was on the bridge, and he was threatening to scuttle the boats. Witness had never had stock on the south side of the canal, although it was within his boundary.

At this stage Mr White said the question of defendant's title to the land alleged to have been trespassed on was important and should be decided. —The magietrate replied that there was a doubt whether the question of title arose. It seemed to him that the defendant was in occupation of the land right up to the bridge. Isabel Betty M'Allister gave evidence corroborative of that of her husband, and added that when O'Fee struck her on the forearm with the piece of piping she persisted in trying to get his gun from the boat, and then received a blow on the head. —Dr D. M. Frengley said he examined Mrs M'Allister on May 31 and found a contusion on her head which could have been caused by the piece of metal piping produced.—To Mr White: It was possible the contusion might have been caused otherwise than by a blow. Richard Yorston also gave evidence, and for the defence eight witnesses were called, including Simon Wright and James Hurring, who gave evidence that in their opinion the lafioon was a tidal one.

W. R. O'Fee gave a complete denial of .the alleged assault, which evidence was corroborated by that of his three companionc, and said he thought he was entitled to go on to the lagoon. Mr White raised several legal points, the chief of which was that the defendants were not prespassing on land but on water, and if the water was affected by Ihe tide they had a perfect right to be on-the foreshore.—His Worship said he would take time to consider the points raised by counsel, and reserved his decision. Yesterday morning he was motored to Finegand, and inspected the locality where the offences allegedly took place. Balclutha Borough Council

The monthly meeting of the Balclutha Borough Council was presided over by the Mayor (Mr D. T. Fleming). A deputation consisting of Messrs S. V. White, John Gold, and M. Low (representing the South Otago Coursing Club) waited on the council. Mr White said the Coursing Club was unfortunate in that the Otanamama Plumpton was too far out to let. the club get the support of the general public, and also that the ground was' too clamp, thus affecting detrimentally the health of the hares. Now the club wanted to lease portion of the top reserve, within the borough, at present held by the Cow Owners' Association. The club wanted to get the piece inside the trotting track, 400 yards in lencth and 140 yards across, and it was prepared to level and sow it in grass, and enclose it in a netting wire fence, the club to pay all costs of preparation and maintenance. —The matter was referred to the Reserves Committee to report. Cr Copland, on behalf of the Works Committee reported that good, coarse gravel had been found on the section in William street which had been suggested as a suitable site for a public convenience. The Mayor mentioned another site that had been submitted.—The Mayor and Cr Copland were deputed to make further inquiries and to report.

The Works Committee recommended that new locks be put in at the ends of drains running under the protective bank, and tkat Mr J. Hislop be appointed to superintend the construction. —Agreed to.

_ Cr Gormack reported that it was considered that the lock at the mouth of the creek at the south end of the town was not large enough to take the water away in time of heavy rain. He considered it would be well to approach the Railways Department on the matter, and the borough would have to attend to getting a larger outlet for the culvert on .the Finegand road. —Cr Copland moved in that direction, and that the department'* attention be also drawn to the drain at the railway cattle yards.—Carried. It was agreed to make a donation of £3 3s to the cancer fund.

The Lighting Committee's recommendation for the better lighting of the soldiers' monument and for a 300 candle-power central light opposite the Post Office, and a similar one at the railway station was agreed to. The Matau River Board wrote offering to purchase 250 feet of the water piping on the old bridge, now about to be taken down, and it was left to the Waterworks Committee to attend to the matter. The local Licensed Carriers' Association wrote asking for better provision for the loading and unloading of sheep at the sale yards, and suggesting that a portion of Charlotte street be declared a parking area for lorries and trailers. — The Reserve Committee wag 'deputed to consult with the carriers and report.

The Post and Telegraph Department wrote that another cable had been damaged by having a pick put through it, and blaming this on borough workmen, for which the council would be held responsible. The clerk said for the first one injured £4 16s was claimed, and the council seemed to have no remedy. The inspector had told him that the same thing was continually happening in Dunedin, and the City Council was saddled with the cost. —Received. The treasurer reported that the district fund account was in credit £734 3s. The report was adopted and accounts amounting to £409 17s 8d passed for payment.