MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 429, 11 February 1909, Page 4

MAGISTRATE'S COURT.

POLICE CASfIS.

(Before Mr. W. G. Riddell, S.M.)

THE HAINING STREET RAID,

CHINESE AND TAK-A-P'OO,

',;v '-v;;;:; HEAVY IMPOSED;;' ;:,;:■,•, ■ ;: Joe Lim .was, charged on", remand—(l) that, during the month, of^ February, at!-' Welling-; ton, .being tlie,'occupier of certain.premises, No. : -9-;Hainiug Street, !.ho dioV:use tlie same as a, common gaming, house,-; and (2) : that.-oii' )Kebruary, 3, at, Wellington, jhe; did'unlawfully. .sella.ticket.by,which;porniission and, ifcy -,was' given:.t'p!-,tho;pui'ohasler',:thcreof1er',:thcreof to have' an interest in a scliemo. by. which prizes .were gained .by;'a;. mode of chance.-! "-'• .'; v ".;' ...-.iSub-liispebtor, /Phair, 'who' •/■prosebutedi "stated' that' 1 - the first 'information was ; . ilaid ;uiider.;SeotioiiV4,'; Sub-section ; 1, of .'the; Gaming ,Aot,-. 1908,' •'■ and; the second information' ,was.laid under. Section 41, Sub-section! B, of A!ct^'./'v; ■•'• ">; ' ~;!':'';';i; ; ;!

.. 'Mr..'.Herdmah appeared for the defence,/"::■' -:VGonstablo.Cahyell.:stated that he'first'saw , accused' at No;;.9. ; Haining Street-on February V:' Witness'went to. accitsed's,houso on that ocoasion\and.hought.,a: pak-a-poo ticket .from' him";/ paying, 6d. ,for : it.' r Accused was '-at"a table- ,/stretvn 1 / .with ~ tickets,. ,',,ahd ; ' : ap.poared' to, ; bb: in/charge/!' '•■ There;,;were; ,twd : white'men and another, Chinairian.present: ;on/jFebruary\3 witness;,-.wont, to' the.: house '.again;; and ■:■ purchased ■:,another ; pak-a-poo' /tiokqt;'; paying ■ tho'. : .rooney;'., to.' tho .accused again.;": On presenting/the first.ticket 'oh February 4 accused said,:'-'You-win,five marks," and" handedjwithess.'a shilling,and/kept, tho ticket/ > Probationer- Jones, hve:white; men, ; and a-Chinamail.jvero'present on; this: occasion: .Witness saw'.qt-he'r.,tickets, sold: on F.eb'-. to.the.house..! Pr6ba : tiorier Jones also purcliased'ono from accused. -There;'did hot appear to'- bo'anyone olse : who had;anything'to do. with the business oxcept . dccused.,;':',-witricsS'' got ticket, from accused;on;Febriiary,s..' Witness; was' at the placo;five;times ; .altogeth6r.;'. ; :;;' y -;,l"\,'. '-; i'■' ■•:.',To;Mrr,He'rdman'::.W,itnes^. : .wfiß,positive' he : saw, tho"same}Chinaman: on 'eaohV:oc'6asion.' As far, as-witness know-tho': game going on was a.gamo,of;imk-a-p00.7.He did not:understand' Chinese-and; could not swear to" it. .:

;■'." Probationer.. Jones, of tho -.' Police .Depot, stated-..that- he,': knew .accusod, : and''had Been';him'at■'Nb:.;9 Haining.Street.'on ! Febfiiar'y.;4, .when ; Constable ■■ Calwoll.'.purchased r a tioket.: r AVitness.,alsor bought'- a.ticket from accusedi'payuig/sixpehcc- for;it. ~- Witness saw Galwell 'hand -iiva 'ticket andget a shilling' as/his prhse for! what -was called a J five-mark: ticket;' .' Tho v robm: had -a i table; which:;was ■littered.with pak-a-poo.tickets, and contained the marking.:apparatus.; -...,- '-. '•■■■"..//.: :'■■•'■ To /Mr/ Herdman: 'Witness'could not say of bis own 'knowledge that accused was ,'tak-: ~infe;part;in a game of,pak-a-poo. ' stated: that:he N0!,.9 ■Haining'.Street on February l;„: together with two constables, and .executed a, search' warrant/ Acoused Was 'sitting, at the end of a: table '• with '■; a : number of tickets, etc. (produced) .'■ /Two Europeans ■were'present:: .The goods' seized consisted of. a of pak-a-poo tickets, marking '.ink;- a'pa'd and stamp. Witness/arrested accused. , and just afterwards he (accused) said that.hevwas the "boss"; of the place.• The tickets.:produced;by the previous-witnesses .werorpak-a-poo:.tickts. ; i .''The, house was a - well-recognised, pak-a-poo house,.'-./ At.this stage Mr. Herdm'an'withdrew:the plea' of not guilty',', and substituted one of guilty, .remarking- that, it did not seem necessary to-waste \thctime of the Court further, in view.of the,evidence: ':' ■'o ■ : :

..; Sub-Inspector Phair then asked that the second charge should be withdrawn. . Pleas of,guilty-were also entered bv.Mr. Jlordman in respect ; of'Kong Young and Now Bee, similarly charged in regard to/Nos. 49 and 53 Haining Stfoot. -,; j '.'Mr. Hcrdman informed the' Court,that!the .accused men had-never been convicted of any offence: before. The. first man charged, was. a recent arrival from China, and, during his residence'of. six weeks' in New Zealand, had:, apparently been [■ unable r to get ■ rid. of habits, contracted in his native land.' Counsel, drew, attention to. the tendency in some parts'ito. treat. Chinamen's ■ offences more severely than quite as serious breaches of tho law. by whito 'men.-; The accused were only servants of other men,.and;got.a commission of'-one penny per .ticket.. .Counsel: submitted that a fine, of £5 would' meet the offences. '; His. Worship' remarked'' that; the'- 'offence' was considered 'n serious one by the, Legislature, which provided a maximum penalty of £100..- .01 this the Chinese/were quite awarol' If they, deliberately committed those, offences' they niust be punished.. Each defendant would, be'oonvicted and .fined £40 ajkl costs' 75., in default two months';imprisonment on the first charge, ; and .the, second .information in each case;would be. withdrawn.by leaveof tho Court.;., ,"■..

■ INFORMATIONS WITHDRAWN.

David Morris Owods, "-'builder,-■,pleaded guilty to having been found in a common gaminghouse, No. 53 Haimrig Street. Mr. Dunn appeared for defendant, who explained that he was the owner of several properties in tho vicinity of Tory Street. , He- was certainly in.tho house.when the police raided, it, but he had been negotiating with a Chinaman for the letting of a house, and .was' searching for him when "he was in tho house. m question, having already: boon in '.' two othor.plaocs.in the sam'o street. ..Just after ho went into-the house the,police.came'in, arid ho and the.other, men who-were there voro arrested. Ho gavo this'.cxplanation.to the police at. tho time of tho arrest. : Defendant..was; against gaming, and the only gambling, he did was in property." Ho had! a, olauso. inserted "in all his leases that no gambling was to be permittodon the'premises. ;;• .•;.: ■'- ,".. "■':.;,'■■ .After hearing defendant's, evidence, SubInspector' Phair made.application'.that' the' charge should bo withd-rawii. The Court agrcod to the request. '.■• '...-■ Tim Kum, defended by Mr. Herdman, also pleaded, not guilty to having !been' found in .a gaminghouse,' No. ,49 : Haining..Street.. Counsel explained. that: defendant,. a. cook, belonging to Wostport, took no,part in : the!: gaming, but was simply a lodger, da the; premises.' This information "also was .withdrawn by leave, of the'. Court, on tho' application -'of Sub-Inspector Phair. '... :;;;.,'■ .FALSE DECLARATION OF-;BIRTH, -"/-: ..' Rita May Patton, alias .Partridge,''-alias' Evan's, appeared on remand on that,. on , May„4,".at Wellington,; she• did" wilfully : make a: certain fake statement to th«; Regis-: trar'of-Births, to wit,.that'she 1 was married to James Evans; at Dunedin, ,on'. March 10,1598._ , .: . .;"'.- .",:.:<■.::" ; .::.;- ',::;':-:' '..Chief Detective., Broberg'conducted . the : case;for the prosecution'..•'■".■ '.'"' :'.:.!';' : Gilbert"G'..Blodgkins,.'Registrar, of Births, Deaths, and Marriages at Wellington) prb--duced' a certified -copyof - an. entry inthe register of .births 'referring to tho 'birth' of' Rita 'Dorothy May Evans, .stated ■ to, have been born' on.March; .Witness : had irom' defendant,' who 'said she.iwas a" married .woman,' arid gave"- :the name Jas,.Evans as tho. father of;tho child and her husband,..; Sho said that- she .was married to Evans:at;Dunedhr on'Mareli. 10, 1898; Tho child .was: registered, as-. a' legitimate child: as a. result- ofi tho"particulars .supplied.'":-..':.-.' ;■,: •:-' '■'■•:*■','• '■■■ )"■'■•-■■ :■"'•:"■:■'■■■■■■'.

•". Constable.Abbott stated ; thatvJb©■ saw .a'cbused on/January 28,'- showed :her. the-certi-ficate produced,"and;asked her Hf'sho had given the; information ,'to'-'.the -Registrar ,'iri" regard to; the child, and shd-replied "Yes'.''. She- said'that ;ishe was; a "married: Woman,' but-iwaa not married .to ■Evan's';' --She 1 : had taken hisr name.: ; as: ho-had .asked' hereto, register the ; child 'in',his : name '-■] ';■She; .'said' Evans was "a fireman onvai steamer)-.arid'tlie' .father of : 'the jChild, : When. "■ arrested;' ac-! pused admitted that the*information-she-had given -,tho-Registrar was incorrect; -and said, she would plead guilty 'to,, the ohargc. : De.fondant's' maiden. .name. - was: /Partridge, and hor married name was TPittbn. ':' >'•'.-;-; : '; "■; Accused; pleaded guilty,' and: was v'comhiit-' ted to the Supreme''Court ; -for:-: sentence/' Bail was allowed in'the sum'of' £20 andone surety; of /£2O. :■■>;■: -~','>; : .; ; ; K,,.;-■:..,;-.-.•/,■,. ;:.;.-;" -.ONE .of )■!■*'■;': 1 'Thomas'Randall appeared oh -remand on a charge, of having becinfound by .night, 1 -at,' 2.45 -a.m.,, on lebruary, 6, .'without - lawful excuse, in an enclosed yard.in Cuba Street,.the property of;the ; -RhodesEgtate. ; ;:;i--: -..- SuVlnspector-Phair .;informed,: :, the -Coiirt .that, accused! was found sleeping ;out in : a 1 section; at the,'corner,of Victoria Street;and: .Cuba Street.';; , ; Se;had arrived ifrohvAustfa-lia-.about 10. weeks ago,: and then- had -some' money; which .he!had squandered.;iri. : .drink,- : He; had not been' working. for': some' : tim'e; and- had- ,'been Bleeping; ;out' whereverv"ht> could fin'd-a convenient: spot?.'. ;.-.;.-..';'■ ■.Iri';convioting,;accußed-andordoririg: him tb; ,eomo up..for sentence When; called'.on, -his 1 Worship, advised-him to got 'work"againy for his, own sake.. \ ' : ', ;; - ; ;-.;'.•,:.';.■•,-'!;

-, ; A',DESERTING.:MAN-O'rWARSMAN:::. v- .;■ A,man-d'-warsmah named'Wm.'.'Ma'rkswas ohargcd./ihat,. on "January, 2i ; ,.at.-Lytteltoh', he did unlawfully, !dbseril. frpm'HiMiS: -Power: ful.;-Defendant,-was ;remaiided tp.'.the-Wel-lington Gaol; to'\be, handed. naval autllp'rities:;at'tlib firstvoppqrtunityo !.>/::/:';:. 'v.;,;,.' ':;';■;:';-> INSOBRIETY. //•; V Mirinio.- Aldridgo;' : charged ,Wth-./ : habitual 'drunkenness, -wass convicted", and' sentenced .to one mouth's .imprisonment.:'; Wm. .Sinipkins,; charged'on' remand -with'■:.having..been found- in/a statoof, helpless-drunkenness at Ngaliduianga on;; February 2,; was -further remanded to February.' 17, as, he. had/not, yet recovered.; -.v. -■->;'-: ; !-;.' ! \. ,; V ;; ' : '-- '.. i /'-'.'-'. : -■