HOT OPIUM PIPES.

Auckland Star, Volume LXVI, Issue 261, 4 November 1935, Page 8

HOT OPIUM PIPES.

J RAID ON CHINESE. WHAT DETECTIVES FOUND. UNUSUAL DEFENCE RAISED. An unusual defence—that a Chinese, out of spite, gave the police information which resulted in a raid on a Chinese house in Nelson Street on the afternoon of October 21, and that the informer would give evidence in favour of seven of the men who were charged with being found unlawfully on premises used for opium smoking—was outlined by Mr. J. J. Sullivan in the Police Court this morning, before Mr. Wyvern Wilson, S.M., when nine Chinese appeared in the dock.

Ah Lee, aged 32, gardener, was charged with that, being the occupier of the premises, he permitted them to be used for opium smoking, while Chan Fun, aged 4S, another gardener, was charged with being found in possession of prepared opium.

Seven other Chinese, Wong Sun (30), Wong Wah (40), Chang Wang (31), Ah Wong (50), Ah Hing (37), Ah Shun (30) and Kwok Hing (41), were each charged with being found without lawful excuse on premises which were being used for opium smoking.

Senior Detective Hall prosecuted and Mr. J. J. Sullivan appeared for Ah Lee and all the others, with the exception of Chan Fun and Wong Shing, who were represented by Mr. J. F. W. Dickson. Ah Lee and Chan Fun. pleaded guilty. The others pleaded not guilty. Raid Described. Senior Detective Hall said that as the result of complaints Detective-Sergeant McHugh, Detectives Davis and Miller and Constable Fuller went to Cook Street at 1 p.m. on October 21. There they saw Chan Fun come out of a lane. Detective-Sergeant Mc-Hugh said to him, "I believe you have some opium?" Chan Fun said, "A little." The detectives then searched him and found on him a tin containing 15 packets of prepared opium. He was arrested.

Detective-Sergeant McHugh and Detective Miller described their visit to the house in Nelson Street. DetectiveSergeant McHugh said he could hear voices inside, but could get no answer to his knock at either the front or the back doors, so he forced one door with his shoulder and entered. In one back room he found two hot opium pipes on a mat on the floor, while an opium lamp was burning.

The other seven men were found in the four-roomed cottage, the windows of which were covered with sacks nailed to the side?; of each window. There was a strong smell of opium in the house. In another back room witness found another lamp alight and two more hot opium pipes. He also found three pipes in the making, a tray on which were opium seconds in two tins and a paper bag. Other opium smoking paraphenalia, consisting of grease, wicks, scales and headrests, were seized in the house. None of the seven men found on the premises could give an explanation of why he was there. He questioned Ah Lee, who admitted that he was the occupier of the house. Previous Convictions. Perusing Chan Fun's list of previous convictions, the magistrate remarked that this accused had four previous convictions for being found in possession of opium, opium smoking and being unlawfully on premises. •

Mr. Dickson said Chan Fun was a very sick man and an opium addict. Counsel produced two medical certificates stating that Chan Fun suffered with bilateral pulmonary tuberculosis and that it would be difficult for him to give up opium altogether. "The opium found on my client was merely his own supply," said Mr. Dickson. "There is no suggestion tliat he was trafficking in it or running the premises. Two doctors think it necessary for him to take opium. He is more to be pitied than punished." Mr. Wyvern Wilson: The only thing to do with him is to put him away where he cannot get opium. Opium smoking is an evil. "But why?" said counsel. "He is the only man who suffers and he is not doing harm to anybody except himself. No policeman in the world will stop him smoking opium. If lie goes to gaol now, when he conies out he will still smoke. The punishment should fit the crime. Mr. Wilson: I am not going to punish him. lam going to check him, that's all. He will be remanded for sentence until the other cases are heard. Respecting Ah Lee, Mr. Sullivan said he had only occupied the house for two weeks prior to the day on which it was raided. Alleged Informer's Spite. Mr. Sullivan cross-examined DetectiveSergeant McHugh at some length. The latter said that' all of the seven men found on the premises had all their clothing on, also they were wearing shoes.

Mr. Sullivan: Will you tell me who informed you of this house?— No. Was it a Chinese?—l refuse to say. The magistrate said he thought the officer was quite right in refusing to give the source of his information... Mr. Sullivan submitted that the seven men found on the premises had a lawful excuse for being there. "The defence is that on the day prior to the raid it was arranged among members of the Kwong Chew Club that a meeting would be held at Ah Lee's' on October 21 for the purpose of dealing with a partnership dispute between Ah Wong and Wong Shing," added Mr. Sullivan. "These two men had been in partnership in a market garden business and they and others were asked to turn up at Nelson Street to a meeting which was to adjust the dispute in the approved Chinese manner and custom. Wong Shing, who it will be shown, went to the police under the name of Wong Jack, will get into the witness box and swear that he went to the police and told them to make a raid as he was annoyed with the way he was being treated. He did this out of spite. I will establish the partnership between the two men by letter and telegrams, also by extraneous evidence."

Ah Wong then gave evidence that he went to the Nelson Street house of Ah Lee to the meeting concerning the dissolution of his partnership with the other Chinese, Wong Shing. It had been arranged that he was to walk out of the business with £S0 and that Wong Shing was to pay him £40 on October 21 at Ah Lee's and the balance in January next. While there the police raided the house and arrested witness. He denied that he was smoking and also denied seeing anyone else smoking. He could not account for the hot opium pipes.

In answer to Mr. Dickson, Ah Wong said Ah Hing owed him £5 and had arranged to pay him the money at Ah Lee's. The suni of £1 10/, which was found on a mat, was placed there by Ah Hing, and witness claimed and later received this from the police. This was part of the £5 owing to him. Other of the men charged gave evidence denying that they were smoking opium or knew that it was being smoked. They all said they were there for the meeting over the partnership. (Proceeding.)