June 24, 1907.]
SELLING LIQUOR WITHOUT A LICENCE.
THE UNITED CLUB CASE,
Was COD-
Before Mr. F. A. Hazeland, at the Police Court, оп June 17th, the_case cluded in which William David Radburn, Mrs Marie Rodgers and her husband, Saper H. G. L. Rodgers, R., were prosecuted for selling intoxicating liquors at 15, Queen's Road Central, at premises known as the United Club, without a proper permit.
Detective-Sergeants Marison and Earner conducted the case on behalf of the Police, while Mr. P. W. Goldring (of Messrs. Goldring and Barlow) appeared for the second and third defendants.
Mr. Goldring-Your Worship will recollect that I raised the point as to whether a prima facie case had been made out against the second and third defendante. I now wish to submit that in view of the evidence of the first defendants the prima facie case, such as it was, falls to the ground, and the complicity of the second and third defendants vanishes. It is clear from the first defendant's evidence that the second and third were not concerned with the sale of the liquor.
His Worship-l be question is whether hey are not guilty of being aiders and abettors. (His Worship quoted the case of Owen Lanfor with regard to this point.)
Mr. Goldring-That is a question of cou victing the owner. Who is the ow er here
under the circumstances?
His Worship-The person who supplied liquor in this case was employed as a barman by the third defendant.
Mr. Goldring-He is not employed by the third defendant.
His Worship-But he says he was employed as barmanj!
Mr. Goldring-He was employed as barman by the Club.
His Worship-I am not, satisfied that it is & Club.
The onus is on you to satisfy me that it is.
Mr. Goldring-I submit that the charges against the second and third defendants cannot stand on the evidence at present before your Worship. The explanation of the first defend- ant goes to show that it was a club.
His Worship-The onus is on you to satisfy me that it is a club. You have not proved that any subscriptions were paid.
Mr. Goldring-That is shown in the books. His Worship-It is not shown in the books. Mr Goldring-It was also proved by Radburn who stated that he refused to serve two men on one occasion. From his evidence, given on oath, your Worship will see that payment was not always recorded.
His Worship-There is nothing in the evidence to satisfy me that a single man put down as a member paid a copper cent as sub- scription,
Mr. Goldring-Perhaps not directly. His Worship-With reference to the question of being aiders and abettors, there is the point that the second defendant ordered the liquor and it was old to the first two witnesses. The second defendant ordered the mineral water.
and the second and third ordered the chairs. I
think the second defendant is entitled to be acquitted, but the evidence against the third is that be employed the first man as barman, and the barman's duty was to sell drinks. If this is not a lawful club, then in my opinion the third defendant is an aider and abettor.
Mr. Goldring-I hope to prove to your Worship that the third defendant did not admit or suffer the first defeudant to sell any intoxicat- ing liquor.
His Worship-I assume the club is not a lawful club.
Mr. Goldring-It has been continually called the United Club.
His Worship-The fact of its being called a club does not constitute its club - We've got a book recording the payment of entrance.
His Worship-You've gʊt to prove to me that those people paid their entrance fees.
CHINA OVERLAND TRADE REPORT.
Lance Corporal Patten, R. E, sworn, said he was the secretary of the United Club, which Club was started on May 15th. Civiljang, military or naval men could become members.
The entrance fee was $1 for the Service and 82 for civilians, while the subscription was fifty cents for the Service and 81 for civilians, The names of the people in the membership book had paid their entrance fee and subscription, and bad been elected members. The same book contained the minutes of the first meeting held on May 15th. These were in the hand writing of witness. Any profit accruing from the sale of liquor was to go to the benefit of members, The premises were leased from paid was approximately $120 a month. That was to corer steward's expenses. Wilness asked Mrs. Rodgers to order the liquor for the club, as he had not time to order it He gave ber the money to pay for it. The third defendant put the takings in the for the amount taken, together with the key cash box each night, handing witness a chit of the box.
the second defendant, and the amount to be
himself.
His Worship - How did the election of members take place?-On the first night by the committee. Afterwards by ballot,
Was it the arrangement that election should be by ballot -After the month end. Sergeant Pari's name has been entered in the Sergeant Earner pointed out that Lance- membership book, but that he had not paid his subscription.
Witness said all the members had not paid up. Sergeant Earner-Are any chits allowed to be signed ?-No.
His Worship-How about visitors?-Visitors are not allowed to visit the club unless accom- panied by a member.
What's your explanation about. Radbarn selling liquor to new members? the orders of the club. I have known him to It's against
refuse before.
His Worship (to Sergeant Earner)—You are not able to point out any other man who has not paid his subscription?
Sergeant Earner-No, your Worship. Mr. Goldring - And the man who did not pay is a p-liceman!
A delective (whispering) – A policeman is human the same as other men.
and ordered him to pay a fine of $15, the alter- His Worship convicted the first defendant,
native being one month's imprisonment. The second and third defendants were discharged and the liquor is not to be forfeited. Half the fine, if paid, is to go to the first two witnesses.
A CHINESE EMIGRANT TO
VANCOUVER.
1 UROPFAN CHARGED WITH AIDING AND
ABETTING.
Court, on the 13th June, Thomas Chater Before Mr. F. A. Hazeland, at the Police
Hopkins, alias Thomas Chater Hooper, was charged with unlawfully aiding and abetting one,
Fam Ying, to obtain a passage on board the 8.8. Empress of China without the consent of the owner, charterer, agent, master, or the person in charge, on April 10th.
Mr. G. C. C. Master (of Messrs. Johnson, Stokes and Master) prosecuted on behalf of the Canadian-Pacific Railway Co., and Mr. P. W. Goldring (of Messsrs. Goldring and Barlow) represented the defendant.
his
417
His Worship-I think I had better first hear the facts from Mr. Master. I will hear you
further afterwards.
Mr. Master-It appears that a certain shop. keeper was approached by Gardiner, who asked him if he bad anybody he wanted to go to Vancouver, explaining that he had a way of getting them in-that meant, without paying the poll tax.
Mr. Goldring stated that he was instructed to withdraw bis plea of not guilty, and plead guilty. His client was the bookkeeper in the Savoy, L'd, and at some stage of master-at-arms on the Empress of China. In existence became acquainted with one, Gardiner, the course of this connection a certain amount of temptation was held out to him, and it was explained that something could be done in the way of getting Chinese into Canada. How far his client was interested in this it was difficult to say, but Mr. Goldring did not think he interested himself very much although he got mized up with the man Gardiner, who had since absconded. The speaker asked his Wor ship to deal leniently with the defendant, who got a salary of only $150 per month. He submitted that a fine would meet the case, and asked his Worship to remember that the de- fendant had spent a week in jail, that the chief offender had absconded, and that the defendant was simply drafted in.
His Worship-What is the amount of the poll tax?
people are found on board by the Customs Mr. Master-$500 gold. When smuggled Officials it means a great deal of trouble to the steamers, and the Company may be fined. In some cases they have to pay the head tax aud a penalty in addition. In this case there has been a considerable amount of corres Chinaman. pondence and trouble about this particular
His Worship-With reference to Australia, where there is total exclusion, the ship is fined a large amount. I want to know, with refer- ence to this case, whether any fine was im. posed on the Company or ship.
Mr. Master-Mr. Craddock informs 18
smuggled passenger $500 gold, the poll tax, that the ship is liable to pay in case of a and a fine of $500 gold. In this particular case the man was brought back, no fine was imposed. I think the Company were able to satisfy the officials that it wis not their fault. The stowaway was hidden by the master-at- arms in his own cabin in a very clever bid- ing place. So far as Mr. Craddock knows, the Company has not paid anything, but whether they will have to or not he cannot at the mo ment say. Proceeding, Mr. Master said that with reference to the facts of the case he should have proved that Hopkins was the go-between between the shopkeeper and Gardiner, and that he actually accompanied the stowaway to the side of the ship when he went on board There was no question about his being mixed up in the case, likewise Gardiner, who bolted as soon as the man was found. With reference to the punishment, he was instructed to leave the matter in his orship's band. They could not appear before the Court and say "Please let this man off", but on the other hand they did not appear in any vindictive way. The defend. ant was prosecuted as aider and abettor, and the speaker venjured to suggest that he was worse than the Chinese stowaway.
Mr. Goldring pointed out to his Worship that the shopkeeper who procured the man was more complicated than his client, Assuming everything to be as bad as it could be against the defendant, he was nothing but the go- between. The worst person in this business was Gardiner.
His Worship-There is no question about that.
Mr. Goldring-I don't think it can be proved that the defendant was going to get any money out of this transaction.
Mr. Master-I'll admit he has not received any, but he was to after the man got in.
Mr. Goldring asked his Worship to take into consideration the fact that the defendant had not received any money. He pleaded for a fine, stating that imprisonment for a man of the defendant's age was a very serious thing.
His Worship ordered the defendant to pay a fine of $500, the alternative being three months' imprisonment,
THE TOWAWAY.
Fam Ying was then charged with stowing away, and pleaded guilty.
Mr. Master said the defendant was the friend or relative of a certain shopkeeper and went on board the Empress of China as a stowaway. He was concealed by Master-at Arms Gardiner in his cabin. During the voyage he mixed with other Chinese passengers and fed with them but before the steamer reached Vancouver he was again secreted in the cabin of the master at-arms, his hiding mained for three days without food, so he had place being a large chest. In this he re-
a fairly rough time of it. When found by one of the Customs officials he was detained, and an inquiry held, after which he was brought
back to China.
His Worship-I have tried a large number of stowaway cases, and feel sorry for these people, those assisting them actually get money from them.
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