RAILWAY TRESPASS.

Otago Witness, Issue 2858, 23 December 1908, Page 15

RAILWAY TRESPASS.

A ST. LEONARD'S SHORT OUT. At the Police Court on the loth, before Mr H. Y. WiddowcoD, S.M., Chaa. Graham, yTalter Buchanan, and Archibald Walker, jun., were each charged with having at St. Leonards on November SO trespassed on the railway. Mr J. F. M. Fraser, Orown Proseoutoiv appeared for the Railway Department, and Mr Burnard for the defendants, who pleaded " Guilty." Mr Fraeer said the defendants persistently trespassed on the railway lin© near Ssfc. Leonards. The authorities strongly resented the action of parties in trespassing there, as there was every possibility of the occurrence of a serious accident. The parties charged had been repeatedly warned, but persisted in trespassing. Their action was nothing short of impudent defi&nce of the department. He contended that in the circumstances a nominal penalty would be a waste of time. They were liable to «. penalty not exceeding £10. J. Muirheao (ganger) deposed to warning defendants, whom he recognised. I Mr Burnard explained that residents ; were in the habit of using the railway line in order to out off a considerable length of road. Some few yeans ago an attempt was made by the Railway Department to put a stop to the trespassing. A prosecution was threatened, and &% * result overtu io«i o« were made to the Minister of Rail1 v.,i\-, through the parliamentary member »or 'be district. The result of th« n«go-

tiations was to the effect that the names ol ' trespassers had to be forwarded to Wellington before a prosecution was instituted. i It was generally understood that nothing „ further would be heard of the matter after it was so reported. The question ' was one on which the residents felt very strongly. Business' men went along the part of the line every morning. "Why were they not charged ? i Mr Fraser objected to this remark, and 68/ id that IMr Burnard, his Worship, or I' himself would be promptly prosecuted if ; any one of them trespassed. Mr G. R. Smith said he had walked along the part of the line, and explained that many residents of the district did likewise in order to shorten a long walk round the road. He corroborated Mr Burnard'B statement concerning the overtures to the authorities, and mentioned that it had been generally understood that; trespassing would be' winked at. His Worship pointed out that the defendants had received sufficient warning. If the question were a. public matter* in the district the residents could assist to pay the fines. With regard to Walker, who was an apprentice, he would be convicted and ordered to pay costs amounting to £1 10s; Graham and Buchanan would be fined 10s each, with costs .(£1 16a- each).

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