MACRAES.—November 22.

Mount Ida Chronicle, Volume VIII, Issue 450, 1 December 1877, Page 3

MACRAES.—November 22.

Resident Magistrate's Cotjbt. (Before H. "VV. Robinson, Ksq., R.M.)

Chinese Gambling.—Police v. Isn Gnatt (alias Aug At) and Chong Ah hoy. Mr. F. Chapman for defendants. Tin's was an information against the defendants for unlawfully establishing, "commencing, and being partners or otherwise beneficially interested in a scheme of chance—to wit, the same of " fan tan''— by which money was gained, drawn or thrown for, or competed for, on the 3rd of Xovcmber; the said lottery not being held for the distribution of property among owners, nor being a raffle of any work purely of art of which due notice had been given. Mr. Chapman demurred to the information as not being confined to one offence. After some disctis=ien it was decided to amend the information, so as to limit the charge to being "partners in a scheme," &c. Constable Gallagher proved that the two men were respectively banker and croupier at the game of " fan tan," which was being carried on in the store of Ah Chun and Chang Ah Geo (otherwise known as Chung Ah Chew). Mr. Chapman argued that, this was not euongh to prove a partnership. It had been decided in one case which he quoted that the mere factof persons being employed in connection with a lottery was not sufficient to substantiate a charge of partnership. After considerable argument, and the hearing of a great deal of evidence, the Court held that the partnership was not proved and the case was dismissed.—Police v. Ah Chun and Chung Ah Gee. Mr. Eraser for the prosecution, Mr. Chapman for the defence. The defendants in this case were proprietors of the store in which the game of " fan tan" was carried on, and were charged with being beneficially interested in a scheme of chance. &c. It was proved that the play was conducted upon their premises and in their presence; also, that a commission was paid to Ah Chun as a percentage upon the wiunings of the banker, who in his turn deducted a percentage from the winnings of plavers. ft was also showu that Ah Oh cm had admitted that there was a gambling company, in which ho held two shares. The case was not clearly made out against Chung Ah Gee. but Ah Chan was lined £lo. Shum I'mig Lee was charged with plaviug at an unlawful game, to wit the game of •■ fan tan." Mr. Fnisor for the prosecution, Mr. Chapman for the defence. The playing was proved, the defendant having acted as banker for a short time on the evening in question, and made, upon his own admission, a profit of sixpence. Other evidence went to show that his profit must have been considerably more. Mr. Chapman submitted that " fan tan" was not an '•' unlawful game" within the meaning either of common law or of any Statute in force in New Zealand. The matter was argued at great length by the learned counsel on both sides. The Magistrate held that there was no proof chat" fan tan"' was in itself an •' aula wful gam? " "Case dismissed.—There were nine or ten other ens-vs (other informations) against different Chmr.men charging them with gambling, hue these were all withdrawn.

Attempt to Steal Money.—All Cheong and Tarn Lung were charged on the information of Cunng Ah Chow with attempting to steal money from the till in his store. Mr. Chapman for the prosecution. Mr. Fraser for the defence. The evidence-of the prosecutor -was to the effect that uvo men en-rr-<d his -store on the Sunday morning after r'i.; sam'-!i ; ::'; :pi.i rimt An Cheung bought sixpence woi-rij n, W-ir- and i-.i-r dowu (i shilling. Wh'-u ho ojk-ij'u rlr-< ;iii .-'„ r.[-., ' r ;.o change Ah Oheong reiiclied l;is haiid <v.-'e>- r-'ii- iV;': 'i into the till, and at::-mpt.M 'ioV'iaw--i)'■VbrvV in silver there lying. Prosecutor said ' ;•".'.-'"h; -■i'/ed All Chro.ng's hand, that a scuffle ensued in .viiirh Tam Lung look part, and that he succeeded with assistance in ejecting the two men. He said, there -were some live or six other people in the store. On the other side evidence was brought to show that at the time of the alleged offence there wore some forty or fifty people gambling in the store, and that Ah Cheong and Tam Lung were elsewhere. Both men were discharged. ■ Attempting to Steal a Jacket.—Chung Ah Chew J. Quan Hing and Ah Nan. This was an information tor an attempt to steal a nankeen jacket our oi the prosecutor's store on the same Stiutiav morning. The parties could not be found to be summoned and Mr. Chapman ask d that warrant* should b'issned for their apprehension, to which the Magistrate consented ; but subsequently llr. Chapman,' by leave of the Court, withdrew the informations. Malicious Injury to Propertv.—Leung Chung v. Sing Chung. This was an information for maliciously breaking a door, value of damage being under £->. The door was a side floor in the store of Ah Chnug and Chung All Gee. It was proved that the defendant had with a stick broken the door, but the damage appeared to be verv trifling, the door'beiii" only a rough construction of packing-cases. Fined Is., and ordered to pay 2s. compensation. Obtaining Money under False Preteucos.—Thorn Song was charged on the information of Leung Chung with fraudulently obtaining the sum of £5 from one Mon Hang by passing a flash note. Mr. Chapman, for the prosecution, asked to be allowed to withdraw the information, as he was satisfied that no conviction could be obtained. The note appeared to have passed through a number of hands,'and he did not wish to impute a criminal intent to the individual in whose hands it had last been found. The note was produced, and was a verv good colorable mutation. It wa' signed •• S.T. Kerr," ami on close inspection proved to be a promise to par this £5 to whoever should prove rlr.it better value was io bo obtained at any other shop than tuat'of Mr. K.-rr who it seems is a tradesman in Duuedin. The Magistrate remarked that any person, especially one nuaole co read English, might be misled, and that he regretted that there seemed to be uo wav of punishing the person who-had in the first instance beeu guilty of putting such an instrument of temptation to, fraud and such a trap for .the unwary into circulation.

Assault.—Chee Sing v. Chong Ah Lye- (-otherwise known as Cbong Ah Loy). This was aii information lor assault, ari.-mg out of rho gambliug business. Chee Sing's evidence was that on Sundav morning, November itli, he w n £2 10=.. and Chong Ah Lov would not puy him, alleging as a reason ther. he had given information to the police on the preceding day. On his insisting upon- being oaid. Chong "Ah l,oy seized a sluicing fork and charged at him with it. Chee Sing, however, succeeded in making, his escape, breaking the door in his exit.. Fined 205., with 6s. Cd. costs, 20s. expenses of two witnesses, and £1 is. professional fee.

Another Assault Case'.—Chong Ah Lov was charged with unlawfully assaulting Ah Chong by striking .him ou the right knee with a sluice fork. It, appeared that Ah Chong had interposed when Chong-Ah Xov was pursuing Chee Sing. The sluice .fork had ; corn his trouser, but escaped hurting him. Case di«mi«ed Case? Wiihhrawn. The following assault eases were withdrawn by arrangement betw-en the lawvers on both sides : Ah Lent v. Chiug Chung, An Fan* l ' v Won Hang, Ah Toi v. Man Hing, Ah Chun v. Ah Lira' Won Hang v. Mec Lock, Chung Ah Lov v. Ah Chun ' Obsceue Language.—W. E. Griffin v. Alfred Upsdalc. Adjourned to December 20rh.

Judgment Summons.—Mrs. Hammond v. Henry EicUnell. Mr. Krasr-r, on behalf of the Judgment creditor, withdrew the ease.

War • en's Cqukt.—JSfov. .23. (Before H. W. Robinson, TCsq., Warden.) Police v. Chon Chong Ping.—Carrying on business without a license. Withdrawn, (iranta.—><TobD Dodd, tail race «ul dam.