CITY POLICE COURT

Otago Witness, Issue 3334, 6 February 1918, Page 45

CITY POLICE COURT

Wednesday, January 50. (Before Mr H M A. Young, S.M.) »"" A fcitag s Head. —Stewart itt'tomua wai charged, unaer tno Aniinais Protection Act, with selling, on September l, ltH7, a stag's head to Joiui Jtiounson, without having obtained a license to do bo from the Minister: of Internal Affaire.—Mr W. G. Hay, representing the Otago Acclimatisation society, jjrosecuted.—The defendant did not appear, out sent a letter to the court admitting that ho had, through ignorance, sold tiic head. Ho had had it lor nine years, and had received it from Robert Gamble, who secured it in the Blue Mountains.—Sergeant M'Glone said, that defendant told him that ho sold the head for £l, and that he reoeived it from Roberis Gamble, who >va3 killed at the front.— Frederick Walter Pellett, ranger for the Acclimatisation Society, stated that on September 8 last he saw the stag's head at ■ Mr Gibson's, taxidermist, at North-Eass Valley. There was no doubt it was a fresh head, and was not 12 years old. —Defendant was convicted, and ordered to pay £1 4s witness's expenses, court costs (7s), and counsel's fee (£1 IsJ. Selling Fish Without a License.—Anton Middendorf (Mr Irwin) was charged that, on December 15, 1917, at Port Chalmers, he did buy two trout from Herbert Lewis, _ ho being unlicensed to buy or to sell trout. —Mr W. G. Hay prosecuted for the Otago Acclimatisation Society, and said that the prosecution was brought under the regulations made under tho Fisheries Act, 1907. Under tKcso regulations permission was given to net fish in tho southern district trout netting area from the Waitaki to Ta Wae Wae Bay in Southland, for the purpose of allowing fishermen to take sea trout. '•• Under these regulations licenses must ba issued permitting persons to take, and also : to sell, trout. Section 15 of the regulations, made under the same act, was a general prohibition cast upon all persons not to buy trout, salmon, or perch, there being certain exceptions. One was that 'sea trout might be sold and presumably bought, but no person could buy trout without a license. In this case Constable Sutor noticed defendant leave his fish shop at Port Chalmers at 1 a.m. He went to the fishermen's steps, and a fevy minutes afterwards tho constable saw hiin ooming back with a bag containing fish. He asked him what he had in the bag, and defendant replied, " Flounders' and soles." They went into the back of tho shop and defendant emptied) them into a tub. At tho bottom of the bag were the tw'o trout produced. In reply; to the constable he said he had bought them from Neilsoii's party at the slips.— Constable Sutor gave-evidence bearing on this statement—Hanger Pellett identified the fish as Loch Leven trout.—Mr Irwin submitted that on the law the prosecution could not succeed. The regulations under which information was laid applied to confined limits, and there was nothing to show that these fish were got outside these < limits. Then on tho fa/its,.defendant bought some fish from Neilson, and the defendant had absolutely no idea that there was any trout in the bag.—Tho Magistrate held that' there was a ease to answer.—Mr Irwin called tho defendant, who stated that he - bought two dozen flounders and two dozen trevilli from Neilson's boat. His man took the bag down to get the fish, while ho (defendant) talked to a man named Olden. He (defendant) did not know there were trout in the bag.—ln reply to Mr Hay, he said he did 1 • not know the valueof trout, as he had never sold any —The ' Magistrate said that the defendant's story was a very unlikely one. ' Trout could easily bo disposed of by defendant, who supplied fish suppers. Defendant would) be convicted and fined 40s, with costs (8s), and solicitor's fee (£2 2s). Herbert Lewis (Mr A. C. Hanlon) was charged that on December 15, 1917, at Port Chalmers, he did sell trout to Anton Middendorf, lie beingnot licensed/ to do so. The trout in question were those conoernedj in tho previous' case. Constable Sutor gave, formal evidence as to defendant's admission that lie had sold the trout.—Ranger Pellett identified the fish produced as being of the Loch Leven breed. —Herbert James Lewis (tho defendant)! gave evidence" contradicting that of the constable. —Tho Magistrate found the defendant guilty. He said it waa! clear that one or other of tho men concerned with theso fish had lied. The de- § fendant would bo fined 40s, with costs (Bsf, , and counsel's fee (£2 2s). Herbert Lewis was also charged that on December 14," 1917, at the Kaifc, he did take two trout by netting, he being not licensed to do so.— Mr Hay intimated that he would offer ro evidence in this case, and the information was dismissed l , with-costs, £2 2s, for defendant's counsel.

' ; Monday, February 4. (Before Mr J. It. Bartholomew, S.M.) > Assault.—Kura Chung- (a Chinaman) wa* 'charged with unlawfully assaulting Charlea Jewel on January 19. —He pleaded not. guilty.—Complainant, who is a carter employed by Boatwood and Company meat carting contractors, from the abattoirs, stated that on the day indicated he was delivering some" meat at Messrs Barton and Trengrove's butcher shop at.the corner of Manse and Stafford streets. Apparently tha Chinaman had gone •into the shop to| get some meat, but it being Wednesday afternoon he was told to go down to the other shop, which was open. He was backing out when witness was carrying in a quarter of beef, a portion of which struck the Chinaman- The defendant, who was provided with an interpreter, at this stage called out "You tell liar, I do nothing."—Order having been restored, witness f said ho endeavoured to get the Chinaman to go- away from the shop and eventually got him ouS on to the footpath, and then resumed hi* duties. He was in the act of getting hold of some beef when someone called out: " Look out for the knife," and turning 1 ; round he saw the defendant coming at him with an open pocket knife in his hands. Ho knocked defendant's hand on one side and the knife fell to the ground. He then, caught hold of the Chinaman and held him. The hole in his coat, he believed, was caused by the knife.—David Boatwooa gave evidence "which corroborated in the main the statement made by complainant. The Chinaman showed signs of drink. —The Magistrate, in sentencing defendant to two months' imprisonment, said the knife used was one that could have inflicted a dangerous wound, and it was more by good fortune than anything else that a more serious charge was not brought against defendant. Ho had taken into consideration too, the fact that the man was a Chinaman.