AH LOP IN COURT.

Wairarapa Daily Times, Volume XVI, Issue 4965, 2 March 1895, Page 3

AH LOP IN COURT.

SERIOUS CHARGES AGAINST MASTERTON YOUNG MEN. At the Masterton S.M. Conrt yesterday afternoon before Mr T. 9 Hutchison, S.M., Herbert Welch. John Emmett, Thomas Wrigley, Mark Wilton and John King were charged on the information of Ah Lop, Chinese storekeeper of Queenstreet, Masterton, with having unlaw tally trespassed on his premises, and further that they did "feloniously steal, take and carry away a £1 note on tho Bank of New South Wales, etc." Tho S.M. remarked that the wordof the chargo was rather strong. The Clerk said it had been laid by plaintiff's solicitor. Mr Pownall (who appeared for the accused) entered a plea of" Not Guilty," and said there was very little in the charges although there being five defendants and nine or ten witnesses, the case might occupy some time. As tho larceny charge was a serious one, which his clients did not wish to have hanging over - their heads any longerthan possible, he would ask the Conrt to sit at

night, or to take the case at 10 o'clock on Saturday morning, After discussion the latter sug- " gestion was agreed to, Mr A. It. Bunny, who appeared for the prosecution offering no objection, On the Court resuming at 10 o clock this morning, Mr Bunny asked that the whole of the charges be taken in one, to meet the suggestion of opposing counsel. His Worship said that he was of opinion that such a course could not be as one was an indictablo offence and the other a summary one. Mr Bunny said he would proceed with the case under the Police Offences Act, The accused on the night in question took possession of All Lop's shop, refusing to leave when requested and creating a considerable disturbance, besides using language of a somewhat startling character. He would ask His Worship to impose a severe penalty as a protection not only to Chinese storekeepers, but nlso to the whole of the storekeepers in the town. It was clearly a case of larrikinism.

Ah Lop, the prosecutor, being sworn in Chinese fashion, stated that on the night of Saturday the 10th of February, three young men came « to his shop about 10.30, purchasing some water-melons aud bananas, eatiug the same in the shop, and throwing the refuse about the place. When Euimett, "Wvigley, Wilton, Welch and King came in to the shop the other three men left. Ermnctt purchased a melon for ninepence, dividing ths melon among his companions, at the same time throwing the skins outside. Told him not to do so, when ho said, " Oh that's all right," Welch came in saying he was bad, and asking witness for a cure. Witness referred him to a doctor, and told him tolcave tho shop as he wanted to close it, being late in the night, Welch refused to leave at the same time using bad language. Witness then endeavoured to put him out, Welch and tho others would insist upon being shouted for. Finally he gave them a banana each. When witness took Welch by the J coat to put him out, Welch used bad language and showed fight, There were three men in the shop at the time, namely Welch, Emmett and Wrigley. Welch said his name was Thompson, and he (lid not live on the Opaki, but at the Fernridge. Welch swore at witness for making his coat dirty. He prevented witness closing the shop by putting his foot between the doors, at the same time hitting at witness when attempting to close the door. Welch pulled out his watch, and told witness it was only five minutes past ten, and no need to close. This was about halfpast eleyen, at which time a young man named Joseph Boddingtoncame in to purchase some apples, In weighing out the applcs,one dropped on to the floor, whereupon Welch said "don't put that dirty apple in the bag," though Boddington did not object to him doing so. While Welch was doing all this, the other two men were sitting on witness' counter, laughing at Welch's actions, though not taking any part in them. Witness had also

told these two men to leave. At about tof midnight, wituesswentto his kitchen pi to get a stick to put them out, and returning found they had all left, and that thoy had also taken away a knife and a canister containing string, which he found in the gutter on the following Sunday morning. Witness then went and informed Constable May, telling him that larrikins had been annoying at his shop. Tho constable went in the direction of the Royal Hotel. Did not see the accused any more that night, though his wife said they had been while he was away, and shook the door. Re-entering the shop, witness searched his till and found that a pound note was missing. King aud Wilton during the disturbance, stood outside the door, watching for the police, and were able, at the same time to watch the uproar in the shop. After giving them a banana each to get rid of them, they still further insisted upon cigarettes boing shouted for them. Witness said he could not afford to shout cigarettes for thorn as he made no profit out of their purchase of a ninepenny watermelon. On the following Monday, Emmottcamo to witness who was in « his shop, and asked him not to bring the case into Court. Mr Peat, who owned the boardinghonsa where Emmett stayed, also asked him not to do so. This was because he had (old the Sergeant whom he had intended to summons. Cross-examined by Mr Powuall, the witness said the disturbance took

place between eleven and twelve / o'clock. Nobody from tho outside f. could see what was going on in the shop, as the shutters were up and the door partly closed. Thought : there was sufficient uproar to attract the attention of passers-by. It was not on account ol: eating the melon inside that he -wished them to leave the shop. Did not over-state facts in his evidence to the Court. Wm. Reynolds, working for Messrs Williams and Beetham at Lansi downe, stated that on the Saturday night in question he was in Ah lop's shop with two , others, when he purchased some Ji fruit; Whilst eating the same, the five accused came into the shop, and Wrigley asked witness for some of the fruit, whereupon witness gave him some bananas. This was shortly » before eleven o'clock. Witness and his mates left the shop to oat their water-melon, returning shortly after finding the same five still in the shop. Noticed Ah Loptryiner toougt Welch from the shop. Welch said, "If you wish me to go out, tell me to do so, don't try and put me out." Heard no bad language used. Ah Lop said, "Go out, I want to close,'";', ..' *-' This couoladed the evidwce'of the

; witness, who bad swooned in the box and had to bo earned out. David McOorkondakv saddler, stated tbat ho was one of tlio three who went into the shop on the night in question. Saw the live accused in the shop that night, the time being somewhere about eleven. Saw Emmett hand his mates some matches. Also heard Ah Lop ask Welch to leave. Welch replied, ''lf I am asked quietly and not forced." Did not hear any bad language used. The five accused, also witnessand his mates all lefttho shopwheurequested shortly after eleven, The compnny scattered. It may have been curiosity that led witness and his two mates to return to the shop after leaving the first time. Joseph Boddington en mo to the shop lo purchase apples. Heard one of the live say that " he would not oat an apple that had been dropped on the iloor." Could not say who it was made the remark, was only acquainted with Emmett and Wrigley. In cross-examination, witness said he was not aware that lie had made any different statements to the Sergeant than to the Court. Did not tell the Sergeant that Wrigloy rushed him for the bauauas, which he had to give up, and leave the shop with a melon which bo had nlso purchased. Did not know where the men went to after they were lost sight of. Could not say whether i Ah Lop closed the shop after they! all went away. Could assign no special reason for Ah Lop attempt-! iug to put Welch out forcibly any more than tho others, Welch took the " shove " from Ah Lop in asomo what cool nmnuer,simply requesting| to be asked civilly and not ejected forcibly. |

Harold K. Nicholson, laborer, sworn, statod that he was near Ah Lop's shop on tho night in qncetion j had come along with Joseph Bodjilington, who wont into the shop and purchased sume fruit. Could see i into the shop, though he did not take any particular notice u£ any proceedings going ou inside. Heard a noise in the shop, and Boddington who came out at the time informed witness that there was likely to be a row ou shortly between the Chiuainan and several men in his shop, After hearingthis from Boddington, witness said the affair was simply disgraceful, and they ought to get six month's for so doing. Was not aware that he had stated anything of a different character in the presence of and to the Sergeant, though he would not say for a moment that if the Set', geant went into tho box and swore that he did say different, it would not te the truth.

Algernon J. Boddington, called, deposed that he remembered the Saturday night when the disturbance took place at the Chinaman's shop. Went into the shop where accused were, to purchase apples. One dropping on the floor, Welch merely asked if witness would take it. Did not hear any had language used, the accused leaving the shop at the time, as the Chinaman had asked them to do so. The door was closed after witness left, the accused standing on the footpath. Welch appeared to be resisting Ah Lop's attempt to dose the door. Was well-acquainted with the accused, and did not think such procedure was unusual. Cross-examined by Mr Pownall, witness said Ah Lop was quite cool at the time when ordering Welch out of the shop. When witness first passed, all the accused were sittin" about the shop in various positions. It was usual to see people in all attitudes, and eating fruit in Chineso shops. Henry Greathead, called, stated that he was also among those present, when the affair occurred. The accused, who were well-known to witness, came into the shop some time after him. Emmett purchased a melon, and at this stage witness and two of his mates left. Returned shortly after, aud observed the accused eating water melon and throwing out tho 1 skins. Ah Lop attempted to push Welch out of the shop, Welch retorting that he would not bo thrown out, though be was willing to go out quietly. The accused and witness' mates left somowhere about tho same time. Whilst witness and his mates were absent from the shop, it would have been possible for the accused to have returned. Could not say why he (witness) returned to tho shop after leaving. Had no intention of purchasing ; simply went in to have a yarn as there was nothing else for him to do. Was only a few minutes inside the shop on the second occasion.

In cross-examination, witness said no bad language was used by the accused towards the Chinaman. The accused were talking about football when he wont into the shop on the second occasion,

At this stage the Court adjourned until 2 p.m.