OPIUM CASES.

Manawatu Times, Volume XXVII, Issue 7759, 8 July 1903, Page 3

OPIUM CASES.

> " * ' The hearing of the opium cases, adjourned from last Tuesday, was resumed yesterday. ' The. Court was again crowded, a ( fair proportion of the most interested of the spectators being members of the^Chinese race. Mr Fitzherbert, acting on behalf of the. police, said he intended taking the second of the informations laid against Yee Kern Lee first.. The information contained two counts, viz., that defendant had in his possession opium in a form which might be made suitable for smoking—he being a member of the Chinese race. The first count, Mr Fitzherbert said, was sufficient to convict upon, and if such proved to be the case, he' would not trouble about the second, count. Proceeding, counsel read the provisions of the Opium Prohibition Act bearing -on the case and said that any opium • found in the possession of Chinese was ' prohibited goods, and had to.be treated as such. No Chinese could obtain special permission for importing the .article. -'After outlining the facts ot the pase,'Mr Fitzherbert said he did not intend taking the charge against Wang Tong in connection with this against Yee KenvLee, and called — .Constable De Norville said that on the 24th " June Sergeant Stagpoole, Constables Dick, Crozier and himself visited the Chinese laundry in Main-street, kept' • by. Yee ■ Kern ■ Lee. Constables Dick and Crozier were posted at the back and, front doors respectively, and the Sergeant -and; .witness entered the house, saw a number of Chinamen about. and on asking them for "George," the owner of the laundry, were told he was .down town. Sergeant Stagpoole and witness went upstairs and in two room's' facing Main-street found there opium, pipes, . " slusfi lamps," and benches, suitable for smokers to lie -upon. In the second of the' rooms saw a Chinaman named Wong Tong holding a dipper containing opium over a slush lamp and mixing the contents. Wong Tong did not notice them, and the' Sergeant closed the dapr again and left the Chinaman there. Witness then went into Yee Kern Lee's room and saw the defendant with a package of opium in a Gladstone bag, and with one tin of it opened. Yee Kern Lee was just disappearing through the door leading on to the roof at the back of the house. He appeared to be endeavoring to hide the packages under some tubs on the roof, and when witness appeared accused jumped off the roof to the ground. Witness proceeded to .take, charge of the opium. After.wards. Sergeant Stagpoole and witness again/entered Wong Tong's room and saY him 'still mixing the opium. Went downstairs and saw Yee Kern Lee, who told theurhe had got the opium from Donedin some time ago. Took possession of a pipe and a set of opium scales. In a subsequent conversation Sergeant Stagpoole had with accused the latter said a " Now Yorker" had purchased six-penny -worth of smoking opium from him. ' The.open tin of the opium was taken to Mr A. J. Graham, who analysed it and pronounced it to be opium. To Mr Loughnari: Witness had served accused with a notice of the Act of 1902. When witness took the opium from accused the latter said nothing more/than that .he. had got it "some time;ago." ~ Did not know where the opium came from. The police had suspicions, but witness could give no definite information on the subject, and refused, when pressed, to do so. A. J. Graham gave evidence as to having analysed the opium and found it to be in a state suitable for smoking. The opium as produced could not be purchased from. chemists in New Zealand. Certain preparations of opium only could be sold. To Mr Loughnan: .Knew that the opium ms suitable for jmoking, because he>-had sold it for the purpose in years gone by. Did not know the process it had to go through for smoking. The opium as produced was more suitable for .smoking than the gum opium, because it burnt more easily. Chow Li said he had smoked opium at Yee Kern L6o'e house. The opium Was the same as that produced. Witness could not say how long ago the opium had been obtained. Last smoked opium in Yee Kern Lee's house a week ago. Several men smoked there. Sergeant Stagpoole gave evidence corroborative of that supplied by Constable De Noryiile. He also said that defendant, when questioned about the opium, said he had been addicted to the habit sinoe he was 14 years of age and could not'do without it.. In opening the case for the defence, Mr Loughnan said.his main defence was that the opium was in possession'of the Chinaman prior to the passing of the Act of 1901, and he contended that the onus lay with his learned friend to show that it was not so. Itwas not a question whether the goods were wilfully imported, but whether they'were imported prior to the Act of 190r. Ho was prepared t£ prove that the opium was in the possession of the Chinese long be- : fore the passing of the. Act of that date. Mr. Loughnan then referred to the lm« j for^lon or Sruokipg of Opium Act,

and said that under it it was unlawful for anyone to import opium for smoking purposes after the passing of the Act. He pointed out it was contained in the 1902 Act that "it shall be unlawful to' import," and contended it was4 clear that anything taking place prior to the passing of the Act by-these words was not prohibited. Under the Act of 1902 opium prohibited from importation could be confiscated, but the Act did not prevent a person, who had imported the opium prior to the passing of that Act, from continuing to possess some. He pointed out the difficulty of obtaining evidence as to the date the. opium was obtained, aut said that under the Act such was necessary. He called Yee Kern Lee, who said he had the j opium in his possession for one year and nine months. His friend Lee Chow, Yong wrote for it. He got delivery of it at Palmerston but could not remember the date. Witness' had about seventeen tins ; the balance he had smoked. Had not sold any. The opium came to him through the N.Z. Express Company in a wooden case which contained about 25 tins. Witness smoked about 1| tins per week, but less since its importation | had been prohibited. The 25 tins were I the last he had obtained. Chinamen had not smoked at his place since the police had served them with a notice. Lee Chow Yong remembered writing for the opium for accused. This concluded the case for the -defence, and after counsel had addressed the Court his Worship said he would reserve his decision until Monday next when the case against Wong Tong will also be heard.