WAIMATE

Timaru Herald, Volume CXLIII, Issue 20851, 6 October 1937, Page 4

WAIMATE

PROTECTED BIRDS SHOT

OFFENCE WITH UNUSUAL FEATURES

A case with unusual features was heard in the Magistrate's Court before Mr H. Morgan. S.M.. yesterday, when the Waimate Acclimatisation Society, “reluctantly” proceeded against the president of the Society. Sydney Cox, a farmer of Studholme Junction, on a charge of shooting protected birds. The offence occurred when members of the Society were liberating stranded fish from the Waihao River into the Waitaki. In their sluggish condition the fish were an easy prey to thousands of black bill gulls in the vicinity, and Cox fired two shots into their midst to disperse them. The members of the Society sympathised with the president in his action, stated counsel, and were bringing the charge with reluctance on an information laid by Mr H. Jackson.

In outlining the case for the Acclimatisation Society, Mr T. A. Wilson said that the Society liberated fry in the Waihao River, which was regarded as a nursery for other streams. At times the Waihao became dry and it was necessary for stranded fish to be removed. On May 16 the defendant and other members of the Society were engaged in removing fish and liberating them at the mouth of the Waitaki. One load of between 3000 and 4000 fish had been liberated and trouble was experienced from birds attacking the fish. On being informed of this on his return from bringing a further load Cox went to the edge of the water and fired into the birds, killing several. Mr H. Jackson, a member of the Society and a former member of the Council, was aware of the incident and although the shots were fired across stream, was able to retrieve-one and was able to prove it a black bill gull—a protected bird. He had requested the Society to prosecute. No doubt, concluded Mr Wilson, an offence had been committed.

Mr G. R. Watters for the defendant entered a pro forma plea of not guilty. Cyril Coventry, J.P., a dentist of Waimate, gave evidence on the lines of counsel’s opening statement.

After the evidence of Mr Cocentry had been heard, Mr Watters entered a plea of guilty. The Acclimatisation Society was in the unusual position of prosecuting its own president for ah act done in the interests of the Society and of fishermen, said Mr Watters. Although the members and the defendant had gone to considerable trouble to save the fish, their efforts had been nullified by the depredations of the birds. Fish taken from muddy water were more sluggish than those from clear running water, and were an easy prey for the birds. Stones proved of no effect in dispersing the birds, so Cox took the law into his own hands and fired two shots into the flock, and as a result the second delivery of trout was unmolested. A fine of £1 was imposed. Failed to Clear Drain George Croft, Makikihi, who was prosecuted by the Wainono Drainage Board for falling to clear a drain of weeds and other growth was fined and ordered to pay costs, the total amount being £lO/19/6. Motor Truck Driver Fined A charge of exceeding the speed limit with a heavy motor truck on the Winchester-Dunedin highway, was preferred against Edwin Girdler. Defendant was convicted and fined £l/10/- and costs. Judgment Summons In the case Barfords Ltd. v. William Lane, a claim for £9/9/11, and costs £l/7/6, defendant was ordered to pay the amount forthwith, in default 10 days in Paparua prison, the warrant to be suspended provided 12/6 a week was paid, the first payment to be on October 19. PRESIDENT RESIGNS acclimatisation society As a result of his conviction yesterday in the Magistrate's Court on a charge of shooting protected birds, Mr S. Cox has handed in his resignation as president of the Waimate Acclimatisation Society. The resignation will be considered by a special meeting of the Council.

It is considered likely that Mr Cox will be reinstated in the position of president.

PERSONAL Miss E. Westmacott, Timaru, is visiting Mrs H. Macfarlane, “Waikara,” Waihaorunga. Mrs Lyons, Christchurch, is staying with her daughter, Mrs F. C. Main, “The Vicarage,” Waihao Downs. Sister Bremner, who has been staying with her parents, Mr and Mrs A. Bremner, Parsonage Road, left for Palmerston North yesterday.

Mr S. H. Mayne, F.S.M.C., F. 1.0 (London), representing “Procter’s,” the Opticians, Christchurch, will be visiting Waimate from 10 a.m. Wednesday, 13th October, to 2.30 p.m., Thursday, 14th October, when he may be consulted on all defects of eyesight at the Royal Hotel. Appointments can now be made by ringing the Royal Hotel, 'phone 15