WAIMATE

Timaru Herald, Volume CXXXVIII, Issue 19986, 19 December 1934, Page 3

WAIMATE

ILLEGAL TAKING OF TROUT FARMER FINED A, sitting of the Magistrate's Court was held yesterday morning before Mr C. R. Orr-Walker, S.M. James Meagher Smitherem, farmer, Morven, was charged with taking trout by means other than with rod and line. Defendant was also charged with taking under-sized trout and with resisting an officer appointed under the Fisheries Act. Defendant pleaded guilty to the first charge and not guilty to resisting. The charge of taking under-sized trout was withdrawn by the Waimate Acclimatisation Society for whom Mr T. A. Wilson appeared. William Thomas Cottee, the Society’s ranger gave evidence that on December 2 at the Waihao River he found the defendant in a hole in the river with his coat off and his sleeves rolled up. Witness said to defendant: “You have a fish in your hand,” and defendant replied, “You have one too.” Witness then produced his ranger’s warrant and defendant asked that he be not prosecuted. Witness told Smitherem that he would have to report the matter to the Society. Smitherem told witness that this was the first time he had taken fish. Witness had not previously seen the defendant at the river. While they were talking a woman came on the scene and was going to take a petrol tin containing fish from where it stood on the bank. Witness went to secure the tin and Smitherem caught hold of it and tried to prevent him doing so. A struggle ensued and witness told the defendant he was foolish to resist a ranger. Witness eventually took possession of the tin which contained about 80 fish. Witness and Mr Rathgen were at the river watching the pools to see if the fish required to be removed to deeper water. Defendant at the time had no rod or line.

Defendant at this stage denied that the ranger had seen him with a fish in his hand, and stated that he had not taken a fish, but that children who were playing in the waterhole which was about six inches deep were catching the fish “hand over fist" and putting them in a tin. The Magistrate allowed defendant’s plea to be altered to not guilty, and the case was started afresh.

The ranger repeated his evidence and added that about 50 of the fish found in the tin were only 6 to 11 inches long. John F. Rathgen corroborated the ranger’s evidence, and stated that a woman had called out not to let the ranger take the fish. Smitherem then rushed up and grabbed the tin from the ranger and spilt them back into the river. Most of the fish were dead. Witness did not actually see the defendant with a fish in his hand. Witness saw some children and a man in the water, but he could not say that the man was stooping in the water. Smitherem, in evidence, said that some children were playing in the river in company with witness's wife and sister. The children found they could catch the fish and were having a great time catching them and putting them in a tin on the bank. One of the women had thrown a stone at witness, who shifted from one pool to another. Just then witness’s sister called out that no harm had been done, and to put the fish back into the river. Witness and the ranger tried at the same time to get hold of the tin, which was tipped over in the struggle. Cross-examined, witness said his wife and sister had been in the water, and he was getting the* blame for it. He had gone into the water merely for a paddle. He had had his sleeves rolled up because he usually went about like that. He had not asked the ranger not to prosecute. Thomas Meagher stated that four children and the two women had been catching fish, but witness had not seen Smitherem catch any.

The Magistrate said that taking fish also included attempting to take, and pursuing fish with the intention of taking, but apart from this anyone assisting to procure was also guilty of the offence. The fact of the river drying up did not afford an excuse, and he would inflict the minimum fine of £2 with costs £2/2/6. One month would be allowed in which to pay. Civil Cases. Judgment by default was entered in the following cases: Morrison and Maithus, Ltd. v. V. S. Eathorne, claim £l/7/-, costs 16/-; Boland and Knell v. J. F. Leyden, claim £l/10/-, costs £l/2/-; John O'Malley v. Michael Hanley, claim £l3/18/3, costs £2/16/-; Union Bank of Australia, Ltd. v. J .W. Blackaby, claim £9/5/7, costs £l/10/6; estate H. M. Christie v. J. Ahearn, claim £l/3/-, costs 8/-; same v. R. Glendining, claim £l/14/9, costs 12/-. At the conclusion of the sitting the Magistrate offered the compliments of the season to the members of the legal profession, the police and the Press, Mr T. A. Wilson making a suitable reply.