The Queenstown Assault and Poaching Cases.

Otago Witness, Issue 1751, 13 June 1885, Page 12

The Queenstown Assault and Poaching Cases.

(rEOM ODB OWN OOaBESPONDENT.)

Qukknstown, June 8.

Tho assault cases arising out of a dispute pa co tho ov/nerehip ot some trout, aid alao the charge of poaching, in which public interest baa been so much concerned, were beard today by Mr Hickson, R. (VI.

Tho first o/ibo called was for assault, in which o<vea Mackin, ran(?>T of the Likea Diatrict Aoclim '.tifation Society, wag plaialiii*, and Alfred Armstrong Pennefather, rauger of the Southland Society, was defendant. The former b~i alleged to hava beau lmoekad down by the latter with a irnuft,

Mr W. Turton, solicitor, Qieenstown, appsared for the plaintiff; and M"* C. W. Tuuner, Invercaigill, for the defendant. All witnesses we;e ordered out ot Court.

O. Mackin sworn, said : fie was a paid officer of the Lake Diitnici. Acclimatisation Society, and rauger for the Sooioty, anu produced his appoictixient. Kn«\v i,bo dticend^cit aa ranger tor the Southland Acohinali^ati'iu Society- Oa March 16th last witness vim on board the steamer Mountaineer in company with Oonstablo Young. About 6 o'clock am. off Hilf-way Bay two boatn came alongside. la one of them were Mr P. nnofaiher, Mr T.mui<r, and M'Allister, and P^nubfathor toid M'Alliiier to chuck tho fisb ab >a d. Three fisL were put on board iho Mountaineer. Witness said to Pdnnefatber, "11 UK) mute, you hava bean u^hingi" Hw had a fnb in each hand, and said, "If you interfere with me or mv fi^h I'll flatten you with one of them," Witnasa attktd him if Lo had a license. Ha said he had got ono, but did nut require it. Without saying another word, he awuog the fish round and let witness have it with one of them, knocking him down in v. cowardly and unmanly mannor. Constable Young came up and interfered. Pennefathor then said they were not his fiah, but woro Mr Tanner'u. Witnes« asked Me Tanner if they were his fish, and he replied that .they were not. Witness then told PRnnefather to give them up. Defendant was perfectly weli waia that witness was ranger of the Lake District Acclimatisation Society. Witness heard that there were poachers in the district, and was told they were Pennefather and Tanner. Saw the fish thrown on the deck. Did not demand tha fish, nor lay hia band upon Pennefather before being struck. Hud a right to take possession of the fish. His appointment was not superior to Pannofather's.

Constable Young corroborated the previous witness' evidence, and said Mackin crave no provocation to lead to an assault. When he asked Pennefather for his license he eaid he bad a right to fi.-h all over Otngo. The fish were all trout,— When croasexaminad witness caid he was in plain clothes, but Pennefa'her knew him as he told him who he was. Wi nt down in tba steamer on purpose to catch poachers. H, N Firth, secretary of the Likes District Acclimatisation Siciety, gave evidence as to the coosliution of the Society.

A. A. Pennefather deposed thst he was a ranger for the Southland Society, and had authority all over Otago. He van in legal possession of the fish. There were three fiah in a box beloaging to Mr Tanner, and they wera thrown on board. Witness picked them up, and said he had a licepse, but did not require it. Mackm made an attempt to suatch the fish our. of his hands, but he put him back. He cacao on again, a.iyiog he have those fish, and witnefs lifted lii-< right hand and gave fairu a pfiove with tbo fish in hid h-nd. Yi.ung and Mackin took hold of lijm. He told them tbafc waa not thi way to act, ejh they had a loi?a! i-emmiy. Tanner tokl ihrai tbat all the fi-i'i bi ought on haoi-d hek'i!p,ed to bim, WitnePß (ii'usidrrr-d if, n ci'it-is ' pj evocation barney ru^pfded of poachins: Tnld Mackin a? soon aa ha could that; tho fn h bulons'ed to Tannor, and did no(, nay to him, "If you interfere with mo rr mv fi.'b T]l fl-tten you with one of them." Witness had no license for thia district.

JJdmund Tinnsr, solicitor, Invercargill, depoetd tjaat ho was secretary of the Southland A cclhiia'cifldtion Society until recently, when he resigned. Ho remembered the 16 ; h of March laot, when Pennefatber and hinißelf were at Half-way Bay, waiting to ba picked

up by vho Mi untainfer fco go to King F-ton, «'c got alorspi-ide ihe stenmor with thf>ir traps, a.'d raw another boat spoofing up. He paw thr ti ih t.hiown oa bo;»rd ju-t r-t his feet. PIo kr;<)W thry were meant tor Peuuefather or fov himself. PLnncsfather pickrd them up, and went forward with them. The "ipciuier wan very crowded with paa^ptg'rs. Sviv Romp atrufirfflmg ; Rfvw Ponnef,»t,her (TPsticulating, and Mack'm seizing him by the chroat, Ponncfaib^r kneping him off with a fi-.h in hi? haidi. Mackin waa imrjorionaly domondinj? tho fish while strug Riinf?. Pennafalher f aid Mackin had no right to thim ; saying thpy belonged to witness. Witur sp Ibid Pcinnefather ho did not want tho tiah, and 10 gi-~a them to Mnckin. Youn^ took thsfish tor ward, Ko considered Mackin's condw.f; voiy provocative, and thought he gave J'onuefattior ample nrovocation for his n^tiofl.

Tn JVav Turbou : Saw a bunt come up to tha ntaauier with a yywpj man named Green. The fish wexo thrown from M'Allister's boat into Groan's, ani from thara oti to the deck of tha si.earner, Witaeaa did not see Mackin knocked dowti on tho deck. Supposed the fish were meant for u itber Penncf/ither or himself, or for both Pounefather waa thero simply as wi'.upnf, 1 gillie

Summing up, Ms H'.cka^n ?aii ho considered tho as'«au't proved, as Pounefathar had no ricr t to tfkn the law in his own bapds. I") j ff>n dint would bo iinad £5, with professional toa(B2)andcn^(l3 ).

THE POACHING CASK

The information fjr poAchiug against A. A. P-nuefV,ber was thon proceeded with. Constable V ung repeated hia evidence ac reported iv tho fo*Hiei* case. Counsel for the defence ( Mr C. W. T.-.nnerj questioned the power of lbs conotable fco Jay an information under the Svhnon and Trout Act, grounding his obj )Cuion oa a section of the Act. Af for lengthy argument by counsel, Mr Hickaon gave him tho epkion lo accept tha dismisal of the caan or go on vdth i«;, and to i\ppqal if the verdict proved fid' 7 arso, as h« refused to give costs against tha police. Mr Tanner said he did not fii-vm coutß \v>m thti pi lica, but from the L^kea District Acclim'Atiaa^ion Sjctttty, whoh'.ui instigated the action Af'.or further argument, howovor, he accepted tha dismissal of the ease without cOttts, The Cv>urfc then adjoumod, md att«i» reaumiiig the information ngainat I'Mtniind Taimi.-v fnr poaching being called ou, Air Tart m wilfadrow the informal ion. Mr fanner ap?,in c'aimfid coats, which wera not, allowed, Jrtiding try hot arguments bslvvsen tho 'i-ncb and Mr T.ume* 1 , who, after being ra Vmkod, calmed dov;», and euhniittod to the ruling of thfi Bench without further demur. Fresh information" have boon l:iid pgainst P.»nnafa'uhei* ;iud Tivnoor for poaciiiug by tho v,'.ve?t of t'so iocal society "/hieh will be heard yin Friday next by Mr Hiokaon,