AN UNDESIRABLE TENANT.

Gisborne Times, Volume XXVII, Issue 2622, 2 October 1909, Page 2

AN UNDESIRABLE TENANT.

CONVICTION FOR AVILFUL TRESPASS. At the Magistrate’s Court yesterday before Air AAV A. Barton, S.M., a man named Charles Hoggard, alias Aloate, was charged that on September 4th., 1909, he did wilfully trespass on the AVaihulca Station property, and refused to remove after having been ordered to do so by Constable Doyle, a person authorised by, or on behalf of the owner.

Sergt. Hutton conducted the prosecution and defendant, who was not represented bv counsel, pleaded not guilty. Henry' J. C. Alackintosh, Receiver of Land Revenue, stated in evidence that the lessees of run No. 47 in the Hawke’s Bay land district were Alassey Hutchinson and Arthur Hutchinson. He produced a plan of the run, showing the boundaries. Edward Alassey Hutchinson, sheepfarmer stated that he was manager of Waihuka station, which included run 17. He was one of three trustees, under his father’s will, of the AVaihulca property, of which run 47 formed) a part. His uncle, Arthur Hutchinson, was a part owner in the property, and he (witness) held power of attorney from hi s uncle. He had authorised Constable Doyle, in writing, to order off the property any person whom he thought fit. He never gave defendant permission to camp on the property. To Defendant: He did not give the Public AA r orks Department employees permission to camp on property. He had never heard of any Government reserve between his property and Gold Creek.

Constable Doyle of To Karnka produced his authority from Mr Hutchinson to remove trespassers. He gave defendant notice to quit on August 6th, September 2nd and September 4th, but defendant had not yet removed his camp. Defendant on those occasions said that he was aware that he was on Mr Hutchinson’s property, and that he would please himself whether he went off or not, also, at the final interview, that he had no intention of removing his camp, remarking that he would sooner go to gaol first. To Defendant: He had seen him at his old camp since the notice to quit was given. In the course of a statement defendant said that Constable Doyle had accused him of being drunk at Gold Creek after every pay day. The constable asked him where he got the liquor and because he refused to tell, Constable Doyle threatened to give him notice to quit. His Worship said that it was quite clear that defendant was a trespasser and that he must remove his camp. He did not intend'to inflict a heavy penalty hut if defendant persisted in remaining in the camp, the penalty would be considerably increased. Defendant would be fined £1 with £1 os costs, in default 4 days’ imprisonment.