PROSECUTION FOR ALLEGED TRESPASS.

Auckland Star, Volume XXI, Issue 35, 12 February 1890, Page 5

PROSECUTION FOR ALLEGED TRESPASS.

(FROM OUR OWN CORRESPONDENT.)

The Whangarei Justice of tho Peace Court was occupied on the morning of Saturday last with cases of great interest to the inhabitants. Mr Ranger Garsed had, by orders #from the head of this Department, summoned Mr Robert Thompson, M.H.R., Mr Barton, agent of tho Bank of New Zealand, and Mr Holiman, a builder, for trespassing on the Puhipuhi State forest on the 7th January last. The Bench was occupied by Messrs Joseph Bell, Finlayson Smith, I. Irwin Wilson, and James Whitelaw, Justices of the Peace. The prosecution was conducted by Mr Charles Buddie, of the Auckland firm of Whitaker, Russell, and Buddie ; for the defence was Mr W. A. Carruth, of Thorne and Carruth. Mr Thompson was undefended.

Mr Buddie put Mr Garsed into the box, who stated he had seen the gentlemen named passing his house on the 7fch January, that he had shown tlaem his plans, etc., but cautioned them that they were running some risk of being prosecuted. They said that they would risk it, as Mr Thompson wished to obtain some stone to bring with him to the South to have tested by experts, and to show to the Ministry. Mr Fraser,one of the prospectors, was examined as a witness, and stated that he had seen the gentlemen at tho prospector's claim upon a certain wet day, and that the claim was Bituated on the Tangipakura Creek in tho Puhipuhi State forest, and thab he wa3 working by permission of the Crown Lands Commissioner as one of the No. 1 Prospectors' Company.

This was the evidence for the prosecution. Mr Thompson addressed the Bench, and stated he was there on public duty, that they had entered the forest along a track used by homestead settlers of the Ruapekapeka. Mr Carruth thon took exception to the Order in Council of September stb, 1889, showing that it wa3 informal, as it did not state when it came into force as required by the Act, 1885. This, with some other irregularities, was, he submitted, fatal to the cases, and he asked the Bench it they so considered his objection whether they would proceed with the hearing. The Bench upon consultation said they would adjourn the oases for one month to enable the prosecution and themselves to look up authorities. It is hoped that before tho month is up the country will be opened up for mining purposes. The Court was crowded during the hearing.