PROTECTED BIRD SHOT

Timaru Herald, Volume CXLV, Issue 21155, 30 September 1938, Page 4

PROTECTED BIRD SHOT

St. Andrews Farmer Fined £5 111-Feeling Among Neighbours Unfolding- a story of ill-feeling between farmer neighbours at St. Andrews in an attempt to prove that information given to the police was the result of vindictiveness failed to clear John Edward Blank of a charge of having killed a protected bird, a paradise duck, on Sunday, August 21, when he appeared in the Timaru Magistrate’s Court yesterday. Blank was convicted and fined £5 with £l/15/10 costs by Mr H. Morgan, S.M. The duck was produced in Court. Senior-Sergeant D. J. Hewitt conducted the case for the police and Mr L. M. Inglis appeared for Blank. On Sunday, August 21, Hutton, a farmer at St. Andrews, heard the shot and saw the bird fall into the paddock said the Senior-Sergeant. Allen, who was nearby, went over to Blank, who Was just inside the boundary fence with the gun. There was only one shot fired. George William Hutton, farmer. St. Andrews, said he was up a tree when he heard a shot and saw the duck fall and land about 100 yards inside the boundary fence of his property. There was a man inside the gorse hedge on Blank's property. Allen, who was on the ground, went across to where the duck fell and later returned with the duck, which was given to Constable Leckie. Blank was beside the gorse boundary fence between the two properties. Hutton described the various movements of Allen and Blank after the shot, which was the only one he heard. He did not know of any bad feeling between ths Allens and the Blanks. Neither he nor Allen had a gun on this occasion, he said in answer to Mr Morgan. When he first had a look to see where the shot came from he saw Blank clearly about 500 yards away looking towards the spot at which the duck had fallen. When he heard the shot he went to see where it came from said William Allen, and he saw Blank with a gun walking with a retriever dog up a gully. The duck was about six yards from the gully and Blank sent the dog to collect the duck, which was on Hutton s land. Blank took the duck from the dog. He had not noticed where the duck was shot, said Allen, but it was still warm. Blank said it was a dirty trick to catch him and he, Allen, told Blank it would be better to leave the duck. It was the only shot he had heard that afternoon. Struggle for Duck He knew there was talk in the district about the disposal of his land to Hutton, and mentioned the matter to Blank after he had the duck, continued Allen. "I told Blank he had been doing n lot of talking.” Blank had fallen in the struggle for the duck and the gun, which he did not know was loaded, had been across Blank’s chest. The muzzle was pointing up. Blank was on his back on the ground and he was kneeling over the top of him, said Allen. He denied saying he would choke Blank, but took the gun off him and after the struggle picked up the duck. When the shot was fired Hutton was in a tree knocking cones off while he was on the ground, said Allen. He asked Hutton who fired the shot. There was frequently shooting in that district. Constable Leckie stated that Allen, on Tuesday, August 23, handed him the bird, which was a paradise drake, a protected bird. Witness outlined statements made to him. A bird shot in the head, as this one appeared to be, would drop suddenly. He was an experienced shooter. Recalled by Mr Morgan, Hutton said the duck fell rbout 100 yards inside the fence and Blank was about 10 yards from the fence and 110 yards from where the duck fell. Blank said he was hare shooting and there were others also shooting, said Mr Inglis. Two paradise ducks flew over his head, one crying out and losing height. The wounded duck fell in Hutton's property about 100 yards Inside the fence. Blank was some distance further away by another fence. His dog went after the duck and he followed. Blank maintained he was SOO or 400 yards away when the duck fell. When Allen came over Blank maintained that Allen did not say anything about the duck, but mentioned the talk about the properties, that Allen then leaped at him and threatene< to choke him. Blank’s gun was loaded as it had not been fired. After the struggle Blank picked up his gun and Allen picked up the duck for the first time and said: If I can't get you one way, I will get you another." Defendant’s Evidence In evidence Blank stated that the property adjoining that of his father was recently occupied by Allen, Blank then gave evidence on the lines of the address by Mr Inglis. He had gone hare shooting and while out had heard several shot fired, but owing to th. lay of the land could not see who fired them. The dog had carried the duck some distance when he arrived, lien wanted to fight but he would not do so. Allen did not say what he Intended to do with the duck. He had no shots at a duck that day, but he had shot at a hare. There was a lot of shooting done in that district, and people were shooting almost every Sunday. In answer to the Senior-Sergeant, Blank said he did not think that Hutton had any bad feeling against him. He was unable to see the other people shooting because of the lay of the land. From the sound of the shots he was certain they were In the next paddock. “If you can tell from the sound Where a shot was fired you are a remarkably clever man," said the SeniorSergeant. Blank denied that he was close to the boundary fence when the bird fell. There could be someone near where it fell who would be hidden from him. Allen had a grievance against him, saying that Blank was telling people that once he had the leasehold of Alien's land he would get the freehold. He had nf>t been talking, but he was annoyed at Hutton getting the pro-

perty. Until recently Allen and he had been the best of friends. “Were you not known as a sort of parrot with your chatter in the district?” asked the Senior-Sergeant. He had no doubt that Blank shot tne duck, said the Magistrate in entering a conviction. Blank’s story was most unconvincing and he was satisfied that Blank was guilty.