FINED £40

New Zealand Times, Volume XXXII, Issue 7039, 29 January 1910, Page 1

FINED £4O

HAINING STREET CHINESE KEEPER OF COMMON GAMING HOUSE. ' ' OTHER CHARGES ADJOURNED.

Mr TC. G. Riddell, S.M., gave- judgment m the Magistrate's Court yesterday in the case of a Chinaman named Jim Yung, who was charged with having kept a common gaming house at No. 53,, Haining street. It was held that the prosecution' had proved that defendant was found on the premises on various dates during the current month, and , that ho sold pak-a-poo tickets to two probationary constables. These tickets were marked by the -probationers, who said they paid the defendant for them aaid afterwards.compared their marks on these tickets with the "bank" marks. Defendant admitted to Sergeant Murphy that he was. the "boss" of the house. Mr Wilford, who appeared for defendant/ submitted that the prosecution must fail: there was no proof that the house was a "common gaming-house," nor that the house was kept for and used for playing an unlawful, game, that the house was owned or occupied by defendant, and that the evidence adduced by the prosecution was ' that of accomplices and; without -corroboration and was not. sufficient to put defendant upon his defence. ■' His Worship held that the Chinese gameof"pak-a-poo" was declared by the Gaming Act •to be a. .game- of olianoe and the same statute declared every game of chance to bo unlawful. .

.. Defendant was .fined £4O with £3 10s costs, and £lo* security for the appeal, which was applied for and granted. In the cases of Wong Lee, Sue Bun, and Joe Wong, who were charged with a similar offence, Mr T.. M. Wilford appeared for the accused, who pleaded not guilty. Mr Wilford said -that when the policeraided No 48, BSainiing street, the accused Joe Wong was not in the room where pak-a-poo was being carried on, but .lie was pushed into it. His Worship accepted this view of the case and.: Wong- was discharged.' The charges against the other two defendants* were.adjourned,,pen ding'the: re-: siilt'of thef a-ppe/al.dn Jim Yung's ,case.