LAW REPORTS.

Dominion, Volume 3, Issue 821, 19 May 1910, Page 11

LAW REPORTS.

MAGISTRATE'S COURT. (Before Mr. AY. G. Riddel], S.M.) A CHINESE AND HIS DRUC. INTERESTING DEFENCE. A .Chinaman named Jim Koe appeared on remand on three charges, as undor: (1) Having, at Wellington, on .May 13, been found in possession of opium, the importation of which is prohibited by law; (2) having possession of prohibited goods, to wit, opium, and (3) manufacturing opium in New Zenland in a form suitable for smoking. Pleas of not guilty were entered oil each charge. Sir. C. S. Nixon, Collector of Customs, conducted the case for tho prosecution, and Mr. A. L. Herdman : appeared for tuo defence. ' Sergeant iluldeilge stated that on Hay 13, ho, in company with Constables 31'Kelvie and Doyle, went into , defendant's premises, a "laundry at 34 Cilmzneo Street. Witness rushed through to a room at the back, and found accused on a bench oil the floor. The Chinaman immediately jumped up, throwing a tin containing opium in a form suitable for smoking on to tho floor behind him. An opium pipe, a lamp, and a tin containing seconds wero also found, as well as a small bono pot nontaining liquid opium, iwiu two other tins with traces of opium in them. In a cupboard a further tin was found, with traces of opium in it. Five or six bottles were taken possession of, and were found to contain tincture of laudanum. Defendant appeared dazed when lie was found. Ho admitted that everything in the room belonged to him, and that another Chinaman who was found there had nothing to do with the goods. "VYilness had purchased tincture of laudanum himself, and ho explained successful experiments carried out by him and a Chinaman to produce opium suitable for smoking. To Mr. Herdman: All the opium discovered in the house was in a form suitable for smoking. Constables M'Kelvio and Doyle gave corroborative evidence. . Mr. Herdman callcd no evidence for the defence, but confined his case to certain law points based on tho decision of Mr. Justice Edwards in the cases of Hempton (Collector of Customs at Now Plymouth) v. Wong See, and Hempton v. Jog Waugli. On the decision given in these cases counsel urged the informations must be dismissed. Dealing with the charge of manufacturing opium, apart from the judgment of Mr. Justice Edwards, counsel urged lliat the Customs had not adduced one fact to prove that the opium had been manufactured in Now Zealand. It was not sufficient to put the Sergeant of Police into tho box to prove that certain experiments ho had carried out with laudanum had produced opium suitable, for smoking. It had to bo proved that tho accused manufactured opium in a form suitablo for smoking, and this had . not been done. Counsel went on to deal with the recent decision of Mr. Justice' Edwards as applied, to these cases at somo length, and stated that the police must prove that accused was unlawfully in possession of uncustomed or restricted goods, and that the goods found in his possession -wero prohibited by the Act of 1903. Further, it had to bo proved that tho opium found was imported in contravention of tho previous provisions of the Opium Act. Theso tilings had not been done. Before tho Customs Law' Consolidation Act came into force, said Mr. Herdman, all that

it ha dbeen necessary for the police to do to got a conviction was to frnd! a> Chinaman in possession of opium suitablo for smoking. The Consolidating Act, however, had, he contended, altered the law.

Mr. Nixon urged that quite sufficient had been proved to warrant a conviction. The decision of Mr. Jnstico Edwards,, quoted by Mr. Herdman, was against that'of the Chief Justice and of the persons responsible for the consolidation of the statutes, and further the Department was convinced that the decision would not hold if they appealed against it. A case similar to the presont had been decided by Mr. Haseltlen, S.M., a few weeks ago, and had been in favour of the prosecution. His Worship said the decision of Mr. Justice Edwards was binding on the Court, until it was reversed. As to Mr. Haselden's decision, it may have been on the facts alone. He could not give a decision at once, but would take time to look' into the matter and give his judgment on Monday next. Bail was allowed in the sum of £50 and one surety of £50. CARGO BROACHING. A WHARF LABOURER CONVICTED. A wharf labourer named Edmund Barlow," a young man, pleaded not guilty to a charge of stealing seven bottles of whisky", valued at 855., the property of the Fedoral-Houlder-Shiro Shipping Company. Mr. O'Regan appeared for accused, and Sub-Inspector Norwood cnnductcd the case for the prosecution. Percy A. Adams, fourth officer of the steamer Drayton Grange, stated that accused was working near the 'tween decks of No. 3 hatch of. the vessel on Tuesday. Nino men were sent down t-o work after 1 p.m. on Tuesday, all going to No. 3 lower hold. Witness noticed that Barlow was under the influence of liquor, and consequently watched him. Accused left the lower hold during the afternoon, and went to the 'tween decks, where cases of whisky (produced) were stored. Witness followed accused to the 'tween decks twice, and tile second time saw iiim with the bottle of whisky (produced) in his hands. Witness told him to put it down, and accused made an excuse that he had como up to get something out of his coat. Subsequently, witness searched where ho had seen accused ill the 'tween decks, ami found a case of Buchanan's whisky had been broached, and out of which four bottles were missing. After accused had been given into custody, a case of. White Mackny whisky was found to have been pillaged. Three bottles were found —one was empty, ono had tho cork out, and the other was full. Accused bad no right to loavo the lower hold and go to tho 'tween decks. Frederick W. Bleutt, chief officer of the Drayton Grange, stated that when ho accused Barlow of pillaging cargo, he said: "That, has to be proved." At this stage, Mr. O'Regan asked that the charge should bo read over again to the accused. When this had been done, accused stated that lie would plead guilty to tho theft of tho one bottle, but ho denied any knowledge of the other six. His Worship thought there was some doubt as to whether the evidence was sufficient to convict' accused of the theft of tho seven bottles, but he may liavo taken more than ono. Mr. O'Regan said lie would call accused, who would state that he lmd no knowledge of any of tho bottles other than the one he had Icon found with. Barlow, on oath, admitted that lie had tho bottle of whisky in his hand when the fourth officer interrogated him, but ho had absolutely no knowledge, of an empty bottle found in tho hold. His Worship said accused must bo convicted of stealing two bottles of whisky. The circumstances were bus-

picious in regard to tho other bottles, but tlio Court was not prepared to Bay that accuscd stole them. The fact that this man had boon convicted of theft, and that it had not been absolutely proved that ho took the missing bottlcK, placed- the other workmen in a rather unfair position. Accused would lie convicted and fined £5, and costs 245., with the alternative of one month's imprisonment.

HIS "PROFESSION." "Ho_ is well known throughout the Dominion as a professional vagrant," said Sub-Inspector Norwood, referring to an . elderly man named Itobert Green, who appeared in the dock, an unkempt and severely battered looking individual, to answer a charge of bniim deemed a rogue and vagabond in that lie was found without lawful excuse in an enclosed yard, the property of Jas. Kicr, Abel Smith Street, According to the Sub-Inspector, accused was found in tho yard at 11.30 p.m. Ho had come under the notice of tho police earlier in the evening through having gono into a restaurant ami ordered supper, and after having disposed of it, refused to pay as lie had no money. Accused had been admitted to several different homes but ho would upyor in any of them, and invariably cleared out. Accused said ho had an order for his admission to the hospital, but the police stated that from inquiries made they found that although accused required treatment he was not a fit subject for the hospital. A sentence of six months' imprisonment was imposed. i THE CASE OF RUE BUN. ittS?? ® Un u ' aa °h a n?cd with having, at Wellington, on January 14, been found in a common gaming-house in Haining Street. Accuscd had already been convicted and fined £2 and costs 75., when his case was heard with several others some time ago, but as.an appeal had been lodged in one of the cases, tho conviction was not entered pending tho result of the appeal. The appeal having been dismissed, accused was brought forward to have the conviction duly recorded against him. | MAINTENANCE. ! A young man named Jack M'Kenzio Hay, who arrived from Sydney in the custody of Detective Gibson, 'was charged with failing to maintain his illegitimate child. A remand to this morning was granted, bail being alin the sum of £50 and one surety of £50. Mr. Fitzgibbon nppoaVod for complainant. A YOUTH STEALS MERCERY. A juvenile offender, who had boon remanded for a week on two charges of stealing merecry, of a total value of £1 95., was convicted aiid ordered to come up for sentence when called on. An order was made Unit, x)i<i <<oods nhould bo returned to tho owner. OTHER CASES. Gatherino lhatclior, who pleaded guilty to a charge of insobriety, said she would go away to relatives in Pnlmcrston_ North if tho Court would give her .*m opportunity. Accused was remanded for a week for sentence, to enable her relatives to bo communicated with. In tho meantime she is being looked after by tho Salvation Army authorities. Alexander Anderson, also charged with insobriety, was convicted and lined 10s., with the alternative of 48 hours' imprisonment. Four first offenders were each convicted and discharged. A seafaring man named Michael Smith, belonging to a deep-sea sailing ship, pleaded guilty to a chargo of indecency in Willis Street, and was convicted and fined £4, in default 21 days' imprisonment.