MAGISTERIAL

Timaru Herald, Volume XIIC, Issue 13658, 29 July 1908, Page 7

MAGISTERIAL

TEMUKA—TUESDAY, JULY 28th. (Before Mr (J. A. Wray, S.M.) POACHING OF TROUT. Hugh Patrick Brosnahan was charged with illegally taking trout on 20th July from the Opihi River. Mr Raymond appeared for accused, who pleaded guilty, and asked for kniVnfc treatment. He was the son of a respectable fanner, and bore a clean record. Mr Aspinall, for the Acclimatisation Society, said the poachiug was a deliberate, aud premeditated offence, and in view of the great difficulty the .Society had in putting down the offence, which was rife in the district, he must aßk for a, heavy penalty. The instrument used for poaching (a pole of about 10ft. with a spear of several prongs) was produced in court, also the fish. Furthermore, accused gave a false name when apprehended.

Albert Franks, ranger to the South Canterbury Society, gave evidence as to detecting accused in the act-, and that he gave his name as "James Wilson.' The Magistrate said it was very evident that the instrument produced was used for the purpese of poaching, and, further, the season was a close one. He must inflict a severe penalty to deter others from this practice. He would impose a tine of £lO, solicitor's fee £1 Is and witnesses' expenses 16s.

CIVIL CASK. Doctors Hayes and Craw.slnuv v. John Gillespie (police constable, Temuka), claim £6 1& 6d. Mr Aspinall appeared for plaintiffs and stated that the action arose but of the fact that the constable brought a man who recently attempted suicide, to Dr Hayes' private hospital in a very serious state. hi<> life being in danger. He received first a'd, and subsequent treatment. The man 'was not in a position to pay, and a claim was made against the constable,' •who referred the matter to his headquarters, and they declined to acknowledge it. At this stage Sub-Inspector Green. said he represented the Department, and asked for an adjournment- There was apparently a misunderstanding as to Mr Aspinalrs contention that the Department repudiated the claim, and in "support of the adjournment he said the issue of the summons was so recent that no time had been allowed to submit full particulars to his Department. Mr Aspinall said he was instructed to oppose an adjournment; they were prepared to go on with the case. Witnesses were present. Mr Green: We do not deny the fact; they are now before the Department. Mr Aspmall: I would ask for costs if j an adjournment is granted. His Worehij): Do you w.ant your monev?

Mr Aspinall: Yes, on behalf of my; clients. -

His Worship: Very well; an adjournment will be granted to enable the Department to look into the matter.