MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1477, 27 June 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. TV. G. Kiddell, S.M.)

TRUNKS PER WARRIMOO. THE POOR, CONFUSED CHINESEHEAVILY FINED/ At the.Magistrate's Court ycstmlny Mr. C. S. Nixon (inspector of Customs) sued Young Cliing 011 a iliargc of having not d?o!arccl certain dutiable goods. The articles enumerated were six pieccs of silk, a eramiiphono, and 81 gramnplione records. Jlr. Nixon conducted the ca*e for tlio Customs, and lir, A. L. Hcrdnuui appeared on behalf of Young Cliing. It appeared from the proceedings that Young Cliing, together with nine other Chinese, arrived from Sydney jier TVarrimoo, and had his luggage by, the Customs officer in the culinary way. The goods were thereupon c'.isa-ov-ered. Customs Officers Get to Work. JOIIII Mnnnigan, Customhouse oflicor, who was on dutv when tho Warrimco arrived, gave evidence to tho fact that ho had inspected Young Citing's luggage, and had also asked him if 110 had any "new" goods with him, especially inquiring if he had any silk. Young Cniug had replied in tho .negative. A search of the luggage being made, a thick quilt was brought :o light, which accused described as a "Chinese blanket." Having private information that silk was sometimes brought into the country concealed in such blankets, ho (Flannigan) cut tho quilt open and discovered the silk. Continuing his search he afterwards found the gramaphone and the records wrapped ia tissue paper in another box. To Mr. I-lerdman: Accused had distinctly denied having any silk or fancy goods, with the exception of a few silk handkerchiefs, and when the gramaphono records were found (but'before they were unwrapped) the accused had said that they were "music" and that tho graniaphon'e itself was "more music," which he had bought four months ago. •Tames Simpson, in the employ of the Harbour Board, stated that he had been _ with Flannigan at the time of tho inspection, and had heard the conversation. When the silk had been found the accused had disowned it, stating that it belonged to his cousin, who had been left in Sydney. The Chinese and His Friend. • Mr. Herclman, in tho course of his statement in defence, separated tho silk from the jollier articles. Tho silk did not belong to tho accused, but to a friend of his who had been compelled by law to remain in Sydney. That reference was to a number of Chines© who had arrived from Canton in Sydney, and fourteen of these had intended coming on to New Zealand. Tho Union Company's steamers, however, were only permitted to carry ten Chinese at a time, and so four of these Cantonese had to remain m Sydney, accused's "friend" being ono of the number. The friend's box was on board the TVarrimoo, and stowed in the hold beforo the owner had been made aware that ho was not permitted to accompany it in person. Tho friend had therefore thrown tho key of the box to accused, who, 011 arrival in Wellington, had had tho' box stored "in tho Customs shed for inspection, totally unaware of the contents. Howovcr, the real owner of tho box had just arrived from Sydney, and would givo evidence. As to the gramaphono and records, Jlr. Herdman said -that he hoped to provo that thoy were not "new." Ho also honed that his Worship would take into" account Iho accused s inability to understand very clearly tho questions put to him bv the Customs officials. Young Ching (speaking with tho aid of an interpreter) stated that he had arrived here by tho TVarrimoo. Ho had taken care of his friend's box, which had been in the hold during tho passage across. His friend had thrown" him the key of the box just' as tho ship was leaving the wliarl' at Sydney, and he had produced both his own and his friend's key to tho official in Wellington, and the "friend's box had been opened first., Questioned by Sir. Herdman concerning tho gramanhone records, accused replied that ho had used them for about four months, and was not aware tliat there was any duty 011 them. Young Soom Boor, the real owner of the silk, stated that lie had been stopped from accompanying his friends, and had had to remain another week in Sydney. All their luggage had been mixed up, and, as he could not get.his box out of the hold before the boat left, 110 threw tho key to his friend and told him of the silk in it. . He did not .know if his friend had heard him or not. "Plenty Noise" When the Ship Left. Another Chinese, also a lmssengor on the TVarrijnoo, said that the"re was "plenty noise" when the boat was leaving, anil lie did not know if accused had heard his friend when he told him about the silk. Before giving judgment his Wc^shic-re-called accused, Young Ching, and asked him how long he had been in New Zealand. previously. To this question accused replied that lie had been four years in New Zealand and luid then gone back to China for three years and had now ar-j rived in New Zealand again. ! And What Are "New" Goods? At this stage Mr. Nixon referred to tho wording of the Act as regards such goods as gramophones, which states that 'they are considered to be new and therefore taxable until they are 12 months old. Tho goods in question were only four months old. v ( Mr. Herdman objected that tho word "new" was rather vague and it was hard to expect accused to know that they had to be 12 months old before they lost their "newness." The accused had not in anywwasy s endeavoured to conceal them but had simply stated that 110 had nothing "new" and had asked ihe official to look for himself. < Judgment was then given in favour of the prosecution and accused was convicted and fined XIOO (reduced to .£25) 'with ;E1 12s. Court costs. The gramophone and records were to be forfeited pending application to the' Minister. OTHER CASES. For breach of prohibition orders Richard Dunn and Francis Adair were fined .£•1, in default 21 days' imprisonment, William Wallace or 14 days' imprisonment. Richard Dunn was also fined for using certain language. Reginald Clark was fined 2fls., in default seven davs' imprisonment for being disorderly while under tho influence of liquor. .Tames Irving and James Hannigaii were fined 20s. or three days' imprisonment for insobriety. Joseph Murphy was fined £2 in default 7 days' imprisonment, and was mode the subject of a prohibition order, the charge in this case being insobriety also. Nine first offenders were also dealt with.