In a recent session at Listowel Petty Sessions, Captain C. P. Crane presided over the fishery prosecutions, with Mr E. J. Stack and Dr Dillon in attendance. The proceedings involved the prosecution of James Costelloe from Convent Street, who was accused of using a stroke haul for fishing in the Feale on June 6th. Additionally, Michael McElligott from William Street and DI W. Coavent-Street faced charges of aiding and abetting Costelloe on the same occasion.
Mr E. J. Poe Hosford, Secretary of the Limerick Board of Conservators, acted as the prosecutor, while Mr John Condon defended Captain Robert F. H _Hall, who served as a Fishery Inspector employed by the Conservators. Captain Hall testified that on the morning of June 6th, around 5 o’clock, he and water bailiff Sheehan went to investigate reports of poaching in the Kilcreen area.
While on the opposite bank, Captain Hall noticed a man approaching with a fishing rod and a net. Sheehan informed him that the man was James McElligott. Captain Hall observed Costelloe searching for something near the river while walking along the bank. When two other men approached the area, Captain Hall and Sheehan hid.
The men, later identified as Costelloe and Daniel Hurley, engaged in a conversation about catching fish with stroke hauls and discussed previously poisoned fish. Another man arrived, and they all met near Captain Hall’s hiding spot. The captain overheard their conversation, confirming the men’s identities as Costelloe, Hurley, and McElligott.
The trio proceeded to the water’s edge, continuously beating the river with their rods while advancing toward each other. They repeated this action until they reached a particular hole, where they used the stroke haul. Captain Hall observed their actions from his hiding spot.
Around 8:10 a.m., Costelloe approached the captain’s hiding place, carrying his rod with the stroke haul attached. Captain Hall ordered Sheehan to seize the stroke haul, which he did. Costelloe was charged with illegal fishing and asked to show his bag. When Costelloe opened his coat, the stroke haul was discovered in his inside pocket.
However, Mr Condon, the defence attorney, objected to proceeding with the charge of gaffing against Costelloe on the same day, as the summons was served that morning. After a legal argument, the Chairman upheld Mr Condon’s objection, leading to an adjournment of the case for a week.
During the cross-examination by Mr Condon, Captain Hall’s evidence remained unshaken. The defence then presented its case. Michael McElligott testified that he had gone fishing on June 6th and encountered Costelloe and Hurley. However, he denied having any connection with them and stated that he did not fish alongside them.
Daniel Hurley, another defence witness, confirmed that he met Costelloe while fishing, but they were not friendly. He also mentioned that McElligott was fishing separately from them.
After considering all the evidence and holding a consultation, the Chairman announced that the Bench unanimously believed Captain Hall’s testimony, considering him a respectable witness. As a result, they fined Costelloe £4 and Hurley £4. However, due to doubt in McElligott’s case, they gave him the benefit of the doubt and dismissed the charges against him. No costs were awarded, apart from ordinary costs.
The case showcased the efforts to combat illegal fishing and the importance of strong evidence in prosecuting such activities.
Kerry News – Wednesday 06 July 1904
