LAW REPORTS. SUPREME COURT. MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1820, 5 August 1913, Page 3

LAW REPORTS.

SUPREME COURT.

MAGISTRATE'S COURT.

THE CRIME SESSIONS OPENED. HOTEL THIEF'S CASE. CHINESE CASES IN LOWER COURT. Fourteen persons rare presented foi trial at the Criminal Sessions of the Supreme Court, which commenced before Mr. Justice Chapman yesterday. Jlr. P, is. IC. Macasasv, of the Crown Law Office, represented the Crown. The Grand Jury was made up as fol- . lows: —F. W. Hay tittle (foreman), 0. G, Keinbar, Chas. James Loakwood, Francis Baresford. Young, Nugent Welchi, A. D. Duncan, Algar Williams, A. E. HiSlop, William Smith, P. W. Vare, Fredk. Hulse, William Feilding, Fs W. Downs, James Bonnie, William Stephens, Alfred Ernest Odlin, Alfred Vincent Allen, James Alexander Stewart, A. E. Whyte, J. S. Swan, Kichard Keene, Arthur Nanki vilile, and Herbert Ryder Button. In addressing the Grand Juiry, his Honour remarked that on this occasion he would have very few words to say. He was pleased to be able to inform them that tlieir duties would be very short indeed. There were a number of cases that were (so 'iar as the Grand Jury's duties were concerned) of a very simple kind—just the sort which one would expect in a community of this class with no very marked degree of orime. As to the pariaoular cases, his Honour had very little to say. The only one to which he made special reference was that in which a territorial officer had been committed on a number of charges of indecency aard indecent aiEault. True Bills. True bills were found in tho following cases:—Percy Alfred Fabian, theft from hotels (seven charges); Patrick Donovan and Thomas Jno. Lewis, housebreaking at Northland; Albert Downes, indecent assault; John Hou'ldsworth Smith, indecent aot; John Houidsworth Smith, indecent assault; Walter Thomas Miles, assault and robbery; Walter Thomas Miles and William Albert Murray, assault and rob- ■ bMy; James OenneM, assault, causing actual bodily harm; James Hem-y Sargeant, theft; J'funes Whitaker, • receiving stolen property; Frank O'Brien Gillespie, attempt to break and enter; Thomas Jnf>. ICnudseu, housebreaking (two charges); and Howard Patrick Madigan, in<leoent assault. No Bill. In the case of Norman Fraser, charged with and robbery, the Grand Jury returned "No bill." QUICK FINDING. "GUILTY" WITHOUT LEAVING BOX. A middle-aged man, named Percy Alfred Fabian, was first placed in the dock. Ho pleaded not guilty to three charges of theft from hotels. The offences were committed in June, and the articles stolen consisted of overcoats and other wearing apparel of a total value of dSll 9s. Cd. Sir. Macassey, in opening the case to the jury, said that the accused had taken the overcoats mentioned in tho charges from tho racks where they were hanging in the Grand Hotel, Masonic Hotel, and Eagle ' Private Hotel. He was first detected through one of tho owners of an overcoat and hat observing him wearing the missiingi articles in the street. Evidence in support of the Crown's case was called, but no evidence was called for the defence, Fabian contenting himself with cross-examining the Crown witnesses and addressing tho jury. He contended that the case was one of mistaken identity. Referring to his' identification at the police yard, he said thathe had been so dressed on every occasion [ that the police might as ; well have put a label on him. He also' complained of the manner in which ho had been crossexamined by Detective Mason in the Detective Office. He urged the jury to bring in a verdict of not guilty, so that tho could "go out into the world again and hold his head up." The jury returned a verdict of guilty on all charges without leaving the box. Mr. Macassey mentioned to his Honour that there were two minor convictions against the prisoner, who was a married man. His Honour intimated that ho would pass sentence this morning. Four additional charges against Fabian were withdrawn by leave of the Court. HOUSEBREAKER'S ADMISSION. LIGHT SENTENCE. A young Scandinavian named Thomas John Knudsen pleaded guilty to two separate charges of housebreaking at Woodville. His Honour: What is known of tho prisoner? Mr. Macassey said there was a previous conviction against the acoused for theft at Gisborne in August, 1912. He had also been at Woodvillo for a charge of theft in connection with the present offences. The police report showed that he had been drinking at the time that these offences were committed. His Honour warned the prisoner that if he came beforo the Court again he might be declared an habitual criminal. On the present occasion a heavy penalty • would not be imposed. He would be sentenced to six months' imprisonment, with hard labour, on each charge, the sentences to bo concurrent. FOR SENTENCE. Sydney Oscar Thomas will appear before his Honour this morning on a charge of theft of postal packets. —

POLICE STRATEGY.

THE TRIP TO CHINATOWN.

FINES RANGE TO £25,

Quits a large batch of Chinese and Europeans, captured in the "trip to Chinatown" by the police ,on July 29, were before Mr. W. G. Biddell, S.M., yesterday. Ah For was charged with having kept No. 39 Haining Street during July as a common, gaming house. Another Chinoso named Ah Loo was similarly tiharged respecting 131 A Taranaki Street. Cornelius Cronin, William Henry Eager, Michael Biggins, Charles, Borck, Sho Fong, Jos 'MeeJ. and Charles Ma'thieson were charged with having been found in 39 Ilaining Street on July 29. James Thomas Biggs, Stephen Sullivan, Frank Biythman, George Sandbrook, John Victor Saunders, and Charlie Hoe were charged with having been found, in 131 A Taranaki Street on July 29, George Gee was charged with, being the occupier of 131 A Taranaki Street, having used the premises as a common gaming house. Mr. M. Myers appeared for the Chineso, all of whom pleaded not guilty. The Europeans all admitted the charges. Daniel O'Brion was charged with having given Ah For warning of the approach of the police. He was represented by Mr. H. F. O'Leary, and pleaded not guilty. Enter the Police. Senior Sergeant Butledge gave ovidence to the effect that on July 29 he entered 131 A Taranaki Street, and found there Ah Loo, Charlie Hoe, and a number of Europeans. When the police entered there was a stampede. On a table were a number of pakapoo tickets, and till tho jvxaphornaliai for tlw gatua was oa IJxo

I promises. On the window of tho premises there was the word "Laundry," but r.o laundry work was done there, and there were no appliances with which to do washing and ironing. No. 39 Haining Street was also raided. Ho had watched 131 A Taranaki Street and had been on the premises about twenty times in all during tho last month. The two places wero raided simultaneously! Detective-Sergeant Cassells made tho Haining Street entry. About six Chinese lived at 131 a Taranaki Street, but the greater proportion of the visitors to the place were Europeans.

Enter More Police, Detective-Sergeant Cassells deposed as to raiding 39 Raining Street. Constable Warner, ho said, accompanied him. When, witness entered tlie place Ah For was in tho act of handing a pakapoo ticket to a European. Joe Mee also was there, and a number of Europeans too. Just after witness entered a Chinese arrived in a very excited state. "They say that actions speak louder than words," continued the detective. "I don't know what lie said, but I have a pretty good idea. Then one O'Brien arrived, and, opemng tho door, called out: "Pull out! Pull out! There's a raid on here!" "We tr J ™ to gTab him, but he executed a flank movement and disappeared," added the witness. •Mr. Myers: In your long experience as a polico officer, hare you learnt the Chinese language? Detective Cassells: No; I have not mastered. the English language yet. Mr. Myers: Oh, you're not bad at it., "Pul! Out! There's a Raid on!" Mr. O'Leary: What were the exact words which O'Brien used? Detective Cassells: Pull out! Pull out! There's a raid'on here! Mr. O'Leary: You tried to detain him? Detectivo Cassells: Yes; we tried to pull him in, and ho pulled out. Constable Warner stated in evidence that he had bought pakapoo tickets from Ah For at 39 Raining Street and fro™ George Geo and Ah Loo at 131 a Taranaki Street. Tho case against She Fong was immediately dismissed, the reason being that he had been pulled into tho premises when he appeared at the door. Mr. Myers remarked that after certain evidence (the evidence of Constable Warner) he could not expect tho Court to dismiss the . informations against the others, except George Gee. All, however, were first offenders. Tho against George Gee, who was charged with being tho occupier of 131 a Taranald Street, could ;.not succeed because the police evidence i" indicated that another Chinese was the occupier. His Worship said that thero was a presumption that George Gee was the oc•cupier, and that unless defendant Tebutted that presumption he would bo convicted. Mr. Myers then called evidence in rebuttal of the charge against Gee, after which his Worship remarked that the defendant must be charged. with having assisted in the keeping of a common gaming house. Before the new charge was made Mr. Myers suggested that Ah Loo should be called ■as his evidence might assist tho Court. Ah Loo then swore that George Gee did not sell pakapoo tickets. His Worship: Charge him (George Gee) with assisting in the keeping of a common gaining house. Mr. Myers: That is an extraordinary course to adopt! His Worship ordered the course to bo pursued. Mr. Myers: Respecting what date is he charged? His Worship: During the month of July. Mr. Myers: Surely there must bo some specific charge! His Worship: Very well, the charge can be laid again. The original information against Gee was then dismissed and the hearing of tho new information adjourned. £25, or Six Weeks. His Worship: Ah For and Ah Loo will both be convicted. It is clear that n considerable amount of gambling goes on. They are liable to fines of XIOO. Inspector Ilendrey: May I draw attention to the number of Europeans found on the premises—the so-called superior race keeping a number of Chinese . in idleness? Mr. Myers: The Europeans should bo punished, then! His Worship: Oh, well, I suppose gambling will go on till tho end of the world. They will each be fined <£25. Mr. Myers asked for timo in which the fines might be paid. Inspector Hendrey: I don't mind so long as someone goes surety for them. A Chinese is like a drop of water in a pond: as soon as you let him out of your sight it becomes difficult to find him > again. The clerk: Ask Ah For if' lie has any goods to levy on. ■ ' The interpreter: He says he has no goods and asks for two days in wliich to find the money. His Worship: Tell him he can't have time. The default will bo six weeks, Joe Leo, Charlie Hoe, and all tho Europeans who were found on the promises were'fined .£2 each, with costs, in default three days' imprisonment. O'Brien was fined £1, with, costs 7s. : GAMBLING ON RACE TRAIN. CARD-PLAYER CAUGHT. Gambling on a railway train returning from Otaki races on June i was alleged] against John M'Cann, for whom Mr. H. F. O'Leary appeared. The prosecution was conducted by Chief-Detective Broberg. Evidence was given by Edward Ernest Farnsworth, the guard in charge of the train. Ho stated that he had watched four men .playing poker. Money was being handed round after each deal. He continued: "After watching tho game for ■ some time, I saw 2s. handed over, and ■ I made a grab for it. It went into the sleeve of an overcoat, and I tried to got the overcoat from M'Cann, but he was too strong for me. Ho then accused me o[ stealing half a sovereign from him. During the time I was taking the names and addresses they accused me of taking 2s. from them, and first to satisfy them I felt in my pocket, and thero I found a, marked half-crown which had been put into my pocket." Mr. O'Leary: You had to resort to strategy to catch these men; you made yourself up in an ordinary coat and hat? The guard: Yes. You like that sort of thing ?—"lt is the first time I havo done it." But you like these dramatic situations? You wero a kind of amateur Sherlock Holmes?—"Oh, I don't know." You are fond of that kind of thing. Don't you remember when we used to call you Bland Holt?—" Yes." We will change it now to Sherlock Kolmes. You disguised yourself and eat riown beside. them ?—"Yes." For how long?—"A quarter of an hour." Did you over see poker played, and not for money?—" Yes; for matches." Detective Andrews deposed that M'Cann told him that he had played euchre for drinks. M'Cann was fined £1, with costs £1 Bs. OTHER CASES. For disobedienoe of maintenance orders, Duncan M'Farlano was sontenced to ono month's imprisonment; John James Thomas was fined ■£•!; and Hugh Douglas £1. For insobriety, John Douglas was fined .£l, Henry Greenfield JC2, Dan Yun 10s., Thomas Gussy XI, Frederick Lyness £2, and William Dobson XI. Having played hazards with dice on the Queen s Wharf was alleged against John Holland. Ho was fined XI. A fin# of ,t!3, with costs 17s. Gd., was imposed on the Nutricia Milk Company, - on a charge of having sold milk below ( the standard required by the Act. f William Sim,,a barman, was fined 10s., with costs 95., for having supplied leer to a person apparently under 21 years j of age. j For breaking prohibition orders, Fred- ! erick Lyness and James Wallace were ; each fined X 3. . , For having boarded a moving train at Thorndon, James Oswald was ordered to ! pay 17s. court costs. 1 Cecil Edwin Young Taylor was accused j of the theft of a brief bag, a piiir of boots, and a' soft felt hat belonging to , frank Hoy Barber. It was said that tho proporty was stolen from the Skating : Rink, Vivian Streeti in April last, After haavlfltf ovldeaca, tko Court dismissed the iaioraatioflj -i; 1