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Robert Pool - Article - 3rd June 1893

......Robert Rule, fisherman, Annan, was charged with a similar offence on the same date. He pled not guilty, and was defended by Mr. Johnston. Constable Jamieson and Robert Pool, water bailiff, deponed that on the Thursday, when the tide had three hours and a half to ebb, they saw accused shoot his net shorewards, and it was 150 yards within low-water mark, as indicated by the posts which they had put in on the previous night 25 yards landward of low-water mark. The net caught in one of the posts. Accused, on seeing the witnesses, sailed off down channel. His boat was afterwards brought to the Waterfoot by William Rabie, and he returned in another boat. They must have changed boats out at sea. When they spoke to accused he denied having been at Newbie, and said he had been out in the channel salmon fishing since four o'clock in the morning. Thomas Irving, fisherman, called as a witness for the defence, said he saw Rule fishing at the place, and that judging from the time he began to pay out the net, there could not be more than thirty yards out. William Walker, one of the accused in the last case, said Rule did not seem to be within low-water mark, but he evidently had been, for there were posts put in. (Laughter.) There would not be above a yard or two of his net inside the posts, The Sheriff found the charge proven. Mr. Phyn asked that the nets should also be forfeited in this case. Mr. Johnston said the forfeiture of the nets was a serious penalty for the accused. Those forfeited in the previous case were also his property - The Sheriff said this seemed a wholesale system of illegal fishing; and if you imposed light penalties they might think they could just turn round and laugh at you. - Mr. Phyn said this was really a very serious case. This man was the employer of the others. They could make as much in a single tide as would pay all the fines and the nets. - The Sheriff imposed a penalty of £2 and £1 8s of expenses, together with the forfeiture of the nets ( four in number), the alternative being a month's imprisonment. The fine was paid.

 

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