NEIGHBOUR’S PET BIRDS

Waikato Times, Volume 127, Issue 21243, 14 October 1940, Page 10

NEIGHBOUR’S PET BIRDS

DAMAGES FOR SHOOTING (By Teleg-rspH.—Press Association) WHAKATANE, Saturday Before Mr E. L. Walton, S.M., in the Whakatane Magistrate’s Court, Rex Rondon (Mr B. S. Barry) proceeded against Albert George Penny (Mr R. F. Smith) for the recovery of £5, the value of two pet Chinese silver pheasants stated to have been shot by defendant. Plaintiff said he had bred and reared the birds, which ran about freely in his grounds and sometimes went on to neighbours’ properties. On such occasions they always returned. The birds were so tame that they played marbles with his five children and were in the habit of playing with other children of the district. Defendant’s predecessor had encouraged the birds to go on to the property now occupied by Penny. Child Allegedly Frightened Defendant said he was working in his garden when the two birds flew over the fence. He took no notice, as they did not appear to be doing any harm. Twenty minutes later, while walking towards his poultry-run, he heard his infant daughter scream and saw her on the ground, with a pheasant, in the manner of a fight-ing-cock. poised over her. He immediately shot both birds. “The plaintiff was the owner of two tame pheasants,” observed Mr Walton, in giving judgment, “and the birds were in the habit of visiting neighbouring properties, includI ing defendant’s. The evidence does I not disclose that defendant objected i in any way and I think they were ! there with his permission. I do not think that the circumstances justiI tied the shooting and judgment will ibe for the plaintiff for the full amoun;."

Costs amounted to £3 12s 6d