MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1427, 30 April 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Eiddell, S.M.)

BEHIND CHAINED DOORS

HOW CHINESE RAIDS ARE MADE

MIDNIGHT BY LADDER,

Yesterday morning at the Magistrate's Court Joe Chong. was charged with having been found in possession of opium in a form suitable for smoking, and with having been found smoking opium. Chong was stated to bo the occupier of house 47, Haining Street. He was represented by Mr. A. L. Herdmau, and he pleaded not guilty. Mr. Nixon (Collector of Customs) prosecuted. t Constable Doyle deposed that Chong s premises had been raided by Senior Sergeant Eutledge, Constable M'Kclvcy, and himself early on the morning of April 25—at 15 minutes past midnight. The witness continued: "We placed a ladder against the wall in the back yard. I went up the ladder, followed by Constable M'Kelvey. We opened the window, and saw the accused sitting on a mat in the front room with an opium pipe in his mouth." As sooa as accused caught sight of the party on the ladder he threw something away. Witness then called to Sergeant Rntledge, who was below, notifying him of this, and the sergeant, making .a short search, had picked up a tin of opium. A smoking pipe and some mats and pillows (all smoking utensils) had been found in the room in which they had discovered Chong. A pipe which had apparently been thrown through a winlow had also been found outside. "Tho doors were all kept chained up," continued Constable Doyle, "and there was no means of effecting an entrance except in the niiuincr adopted"." At this stage Mr. Herdman withdrew tho plea of not guilty and entered one oi guilty- . , . Mr. Nixon: This is a. recognised opium resort, and has been under observation by Sergeant Eutledge for months past. Mr. Herdman stated that he objected to any statement of that sort. His client was charged with two offences, and one involved the other. "This man," he continued, "has never been before a court previously. I deny that this is a recognised den. Defendant has only been;in.occupation of the premises for six weeks. He came down from Masterton, and is in business here. Some of tho utensils were tho property of people who woto in occupation of tin house before defendant went there. These Chinamen don't knew the law as English people understand it. And it is a difficult, thing for them to break off habits which they contracted years aiul years ago. I a.sk you to take into consideration the fact that ho has never been before the Court previously, and I ask for tlie penalty imposed to be a small one, as I feel certain that that will prevent him offending again. , His Worship: The fact that defendant has not been before a Court previously will be taken into consideration. He will bo fined £5 on the first charge, and on tlie second charge he will be fined

Mr. Hcrdman: Your Worship cannot fee your Tray to merely convict him on the second charge? It is sometimes difficult for these men to find the money. His Worship: I am making the penalty as light as I can. A considerable quantity of opium was found on the premises. The default in the first charge will be 21 days' imprisonment, and on the second charge seven days' imprisonment. The costs on the two charges amounted to XI ss. WALTER RICHARD SADLER. A charge of having, at Wellington, on April 2(i, unlawfully used an instrument with intent to procure a miscarriage in the case of Harriett May Kcetly, was made against Walter Richard Sadler. Chief Detective Broberg stated that defendant had only been arrested late on Saturday night o n a warrant issued at Christchurch. He asked that defendant should be remanded to appear at Christchurch. , His Worship remanded Sadler to appear at Christchurch to-day. ■ On behalf of the defendant, Mr. A. H. Hindmarsh asked if the Court would allow bail, and his Worship fixed the amount at 2150. Later in the sitting of the Court Mr. pointed out that the allegation was that the offence mentioned ni the charge had been committed in 'Wellington "Sadler has been remanded to apI pear at Christchurch," continued_ Mr. Hindmarsh. "It is impossible for him to defend himself properly in Christchurch. His Worship suggested that Chief Detectivo Broberg, as representative of the prosecution, should be asked to attend at the Court again regarding the point Detective Broberg appeared, and Mr. Hindmarsh mentioned the matter again. "I ask your Worship to cancel that order," he said, "and to let the defendant appear at Wellington. It is quite impossible for him to defend himself at Christchurch. Ho .could not bear the expense." Detective Broberg remarked that the whole of the witnesses were in Christchurch. Mr. Hindmarsh: I will say that tho whole tendency is to assist accused. His Worship altered his previous decision by remanding Sadler to appear in the Wellington Magistrate's Court this morning. ME BOSUN'S FRIEXD. Frederick Charles Howell pleaded not guilty to a' charge of having assaulted Philip Herbert Powell. Mr.'A. M. Snick appeared for the defendant. Dr. Henry gave evidence that between 11.MO p.m. and midnight on April 2i he had been called to the Hinemoa to attend to Powell, who was then lying on a bunk bleeding from a wound close to the right eye. There were also several bruises on Powell's body. Tho wound on the face was not serious, and he dill not anticipate anv serious result. Tiie wound had borne the appearance of having been indicted with a blunt-pointed instrument. Powell deposed that he was bosun on the steamer Hinemoa. On the night of April 21, after he had gone to bed, Howell had gone to complainant's cabin, and had nsked him to "Come up on deck and re I tic ft" argument." Powell had gone up, and had been shown a letter, ami while ho had bent over il lo read it. he had been struck in I he eye. lie hod fallen down, and then Howell had Kicked him- . , , i ii Howell slated that, he had asked Pnwell to go on deck to sellle a little difierence. The matter was of a private nature, and that, was why defendan. had not wished anyone -he in the r.nhin to overhear what was laid. "Ho iPovrcU)

could see," continued Howell, "that, while ho was supposed to be a friend of mine, I had found out that he was rcallv slabbing me in the back. . . . After wo had lieen on deck a while, he put himself in a lighting atlitudo. ] knew (lie man I had lo deal with, and I squared up, too We had.a rough-and-tumble." His Worship .siid that no doubt the defendant had been provoked, but he doubted very much if defendant had been warranted in using such severity. In fixing Hie penalty, the Court would take into consideraliun that defendant had been in custodv for four davs. A fine of M, with .CI ss'. costs, was made. OTHER CASKS. For breaking prohibition orders. George tlarley was fined .I*l, Victor Emanuel Scoullar £i, Harold Andrews .£2, Alexan- ""!> evens £1, and William Yarle.lt, JZI William Everest, was fined „C 3, with lfls. costs, tor having made use of certain anguage. Defendant slated that lie hail been having an argument on the wharf with an expressman, and hail lost his temper, which accounted for his language. John lilanehette was deemed to have been on certain premises on March 31 tor the- purpose of illegally dealing 'in liquor. Ho admitted the offence, and was lined .£l, wilh costs 7s, in default four days' imprisonment. Defendant had been found on the premises when they were raided and liquor was seized. John Price was fined £1 for insobriety. For having disobeyed maintenance orders, Georgo Henry liradley and William Slattery were each fined .£2. Alexander Robert Johnson was ordered to pay las. per week towards the maintenance of his wife. Mr. E. C. I.owcy appeared for .the applicant, and Mr. R. 13. Williams for the defendant. An application by Evangeline Thompson for separation from her' husband (Frederick William Thompson), and for a maintenance order against him, was dismissed. Mr. T. C. Ilislop appeared for the plaintiff, and Mr. E. B. Williams for tho defendant. Joseph Wilson and Albert Ciitbush were charged with having forged the name of W. H. Robinson to a cheque for £20 lis., and having uttered the cheque to Ernest Batchelor. It was stated that tho bank on which the alleged cheque was made out was tho National Bank at Ilokit.ika. Tho defendants wero remanded till May 1. Bail (£SO) was allowed. BUILDING CASE. (Before Dr. M'Arthur, S.M.) H. E. Manning proceeded against H. C. Clark and Mrs. H. C. Clark, claiming .£BO 13s. Gd. as money due for additions and alterations to a building. Defendants paid £3S lis. into Court, and disputed the balance of the claim. Mr. A. Blair appeared for the plaintiff, and Mr. M. Myers for the defendant. Somo evidence was heard, and the case was then adjourned till 11 a.m. to-day.