RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 2856, 29 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before M. Price, Esq., R.M.)

Tuesday, May 28. His Worship took his seat on the Bench at eleven a.m.

LUNACY.

A lunatic patient was, on the evidence of Dr Dermott, discharged cured.

PAN TAN AND FALSE PRETENCES.

Moss Levy was charged, on the information of Sing Mow, with obtaining the sum of £2 by false pretences from him.

Mr South appeared for the informant, and Mr Purkiss for the defendant, who pleaded not guilty.

(An interpreter was sworn in.)

Sing Mow, a gardener living near Hokitika said : I recollect being in town on the 23rd inst., in Revell-street. I was at the Chinese cook shop between two and three o'clock in the afternoon. Shum Ping Lee and the defendant were with me in an inside room. We were yarning together. We were not gambling. The defendant asked me for silver for two one pound notes. I gave him thirty shillings in silver and half a sovereign. He did hot give me the notes. He put my money in his pocket. He then walked out of doors. I ran out after him and caught him by the breast. I asked him for my money back. He did not give it. He wanted to get away. I prevented him, and he hit me in the face and knocked me down. 1 never got back the notes or my own money. I never owed to defendant Levy any money, nor do I owe him anything. He did not claim the money for a gambling debt. I gave him it as change for two notes, which I never got. Shum Ping Lee saw me give Levy the money. By Mr Purkiss: There was no one inside but Shum Ping Lee, the defendant arid me. A man named Lynch was at the street door.f_l know how to play fan tan. The house is mine. Shum Ping Lee lives at the house. The cook was in the back yard chopping firewood, I was not gambling. There was no gambling that day at all that I saw. I did not see the defendant with any notes. Ido not understand any English. Shum Ping Lee arid another Chinaman, with a name which sounded like Ah Cow, corroborated the evidence of the first witness. Neither of them knew anything about the game of fan tan. This concluded the case for the complainant.

For the defence, Mr Purkiss called, J. Lynch, who said — I know Moss Levy. I went with him, either the day or two days before the Queen's birthday, to the Chinaman's house. On that day I saw an assault committed by Levy on a Cliinaraan. I do not know the name of the man who keeps the house. I saw the Chinaman, I know now as the prosecutor, He was playing fan tan. He was the banker and conducting the game. There was another man, a kind of clerk. The

defendant Levy was playing at the same time, with the prosecutor. There was a dispute about' £2 10J*, 1 The defendant lost £2 10s. Ifs asked For £2 10s and said he woul4 give the prosecutor £5. The Chinaman |ad not got tpe change, and Ls?y thpu said he VQJ&& npi P ay anything. I did not' hjsr Levy ask for phange of £2. I was present with the i defendant from the time he went in until he left. In fact he went away before I did. I saw Ohing Mow afterwards catch Levy by the breast and Levy struck him. By Mr South : This was about twelve noon, before dinner. I was there about ah hour, and then went to dinner. I was not unwilling to give evidence. I don't know what time I went to the house. I could not say what time I had dinner. Fan tan was being played in a back room. There were from fifteen to twenty persons present. Levy did ask the prosecutor for change for a £5 note in order to pay £2 10s. Prosecutor did not give any change. I first knew on Saturday that I was going to be subpoenaed. This morning I did not think £ was going to. be called. I was present all the time M^oss Levy was in the house. I mean to say it is false that the Chinaman gave the defendant change for £2. His Worship, in giving judgment, said these cases always contained elements of considerable difficulty, and he always, therefore, approached them with great care. He endeavored to realize the reverse of the position, and imaging a European a suitor in a Chinese Court, who would expect to get the same jnstice there as he got at Home. His Worship then fully reviewed the evidence, ridiculing the notion that a Chinaman did not know what the game of fan tan was. He put credence in Lynch's evidence, which he thought bore an aspect of truth. The charge must be dismissed, although, it was quite evident, the defendant did not come out of it with clean hands. His action was dishonorable. Case dismissed. ASSAULT. The same defendant was then fined 10s and costs for assaulting Sing Mow. CIVIL JURISDICTION. Green v. Tabart. — On the application of Mr Button, the hearing of this case was adjourned until the 11th June, to allow the defendant's evidence to be taken in Christchurch. Rangitoto Silver Mining Company v. Moutrie, £18 12s. Judgment for the amount claimed with costs, English v. Cameron, £9 17s 6d. Judgment for the amount with costs. Whale v, Tennant, £2 12s 6d. Order made for 10s per week. , Goldstone v. Breeze, £2 11s 6d. Mr Furkiss for defendant. This was a disputed account, and, after a long hearing, judgment was given for £1 Is 6d, in addition to the amount 6s 6d paid into Court. His Worship remarking that there had been perjury on one side or the other. The Court then adjourned.