OPIUM PROSECUTIONS.

Evening Post, Volume LXVI, Issue 20, 23 July 1903, Page 5

OPIUM PROSECUTIONS.

HEAVY FINES IMPOSED. Judgment was given this morning by Dr. M'Arthur, S.M., in the cases in which Choo Poye, Kirn Lee, and Fan Tv, Chinese shopkeepers, were charged with breaches of the Opium Prohibition Act 1901 and the amending Act of 1902 by having in their possession opium suitable for smoking. Referring to the charge against Choo Poye, his Worship said the defendant whs found in possession of opium suitable for smoking. t His defence was that he prepared it nimself, and used it solely for his own use. That statement was denied by the evidence of Detective Cox, who deposed that he had frequently seen Europeans and Chinese in Choo Poye's place, just leaving oft smoking as he (Cox) entered. The Chinese witnesses also testified to having, bought apd smoked opitfm in the thop. Defendant denied that, and stated that the Chinese witnesses gave evidence against him as they and he had quarrelled. Be that as it might, taking all the circumstances into consideration as testified in* Court he (Dr. M'Arthur,) was of opinion that the witnesses were telling the truth. He could not believe defendant's story as to his possession of the opium, and as he had not therefore discharged the onus of proving that he was legally in pc* session oi it d conviction must be recorded. A fine of £20 and costs (£5 7») was imposed. Mr. Weston gave notice of appeal. A similar fine, with costs (£3 10s) was imposed in the case against Kirn, Lee, ithe Chinaman who was recently sent to Somes Island oa suspicion of. being a leper The information against Fan Tv wag dismissed. His Worship said the expert evidence showed conclusively that - the opium found in defendant's possession was opium in a form suitable for smoking. Detective Cox's evidence showed that defendant denied having opium in his possession, but it was worthy of notice that . in his examination-in-clijef the landing waiter stated that defendant on being questioned by the detective said he had had the* opium for over two years. Defendant's evidence was perhaps not so satisfactory as it/ might be, but it was substantiated in its leading points by the evidence of the other two Chinese witnesses for the defence. If he (the Magistrate) was to place any reliance on the witnesses he . must believe that the opium, the subejet of the information, was a part of some purchased by defendant late in 1900 and early in 1901. The case must therefore be dismissed. Mr. Myers, for the Crown, intimated that in Fan Tu's case there was a point of law on which he might appeal. His Worship referred to the strong measures which had had to be taken to suppress sly-grog selling in the King Country, and said he wished it to be known that the imposition of a heavy fine was not the extreme course which he would take in any future opium case. The Chinese had had fair warning, and he knew that, tne better class of Chinamen were anxious that the law should be observed.