Ah John was charged with having sold two tickets in a pakapoo lottery at Grey-* month on the 10th July last. Accused pleaded not guilty.
Mr Park prosecuted and Mr Joyce, with him Mr Beare, appeared for the defence
The following jury was empannelled,— J W Dale, W J Cooper, E A Well?, W Wall, 0 Howard, J Forsytb, H Preston, A Michel, J Hills, A Bradley. P Hines, and W H Teague. Mr E A Wells was chosen foreman.
Mr Park challenged W Weiblotr, J Schroder, M MoFayden, A J Ward, J H Eisfelder, R Thompson, R Heslan, and C Toobey. Mr Joyce challenged J King A Cederman, IT J Nightengale.' J Mitchell A E Benjamin, and E Mabin.
Mr Park opened up tbe case detailing the circumstances of the purchase of tbe, tickets. He called— Charles O'Loughlin, carpenter, of Grey mouth, who deposed he knew 'the accused by sight. On the 10th July last he purchased two pakapoo tickets from ths aocus?d. Paid 64 each for them. The tickets were on tbe next lottery. It was about 8 25 p m when he got the t ckefcg, A man named Joe Harrison was present wtfen witness got the tickets. When on the way to accused's placo to see whether he had got a priza he was arrested for drunkenness. Did uot draw any prize Had purchased tickets fiom accused a omple of times before. Hid no doubt as to bis identity. Was also sure as to Harrison being presenjt. By Mr Joyce— Was' giving in Greyjabuth about two months before the 10 h of July, It was after dark when he bought (be tickets. Thought kerosene light was burning in the jQhjnaman's room.. Had bad a few drinks wben he bought the ticketß, but knew what he was doing. There were more £ban $ye Europeans presen£ when he purchased tbe tickets, and a number of Chinamen.
George Edward Harrison, bricklayer's labourer,Greymouth deposed he knew Ah John's premises in Mackay Street, Greymouth. Remembered tbe 10 th July last. Saw the previous witness there on tbe evening of that day and saw him purchase two tickets.
In cross examination witness declined jto answer the .education whether he had been convicted under jbbe name of David Sband o£ theft and sentenced jto two years, ,or whether bg b&d come from a mill near Hokitikp to Gtosyiaout& about five moatbs ago.
Constable Lsrmer deposed to arriving O'Loughlin for drunkenness on lltb and wben searching him ip tbe usual way foaod the lw» lottery tickets in his posewsioo. On tn§ following morning O'Loughlin pointed oat accused m th* matvwho sold bim tbe tickets, but aocused denied having' sold the tickets. It was generally known that pakapoo tickets can be obtained at accused's place.
By Mr Beare— lt was not a fact that O'Longhlin on the morning he was arrested went first to the European Hotel before pointing oat sccused's placg as the place where the ticket! were purchased. Had been several time 3in the place and warned accused not to, sell any tickets. Did not know whether tbe place was used m ft boarding house. Accused was a married man and did not live in the bouse, but generally came to it every morning.
Re-examined, witness said aecobed was i lentified immediately by O'Laugblin as the man who Bold the tickets
Detective Campbell corroborated the evidence of the previous witness*
By Mr JJeare— He bad fever purchased |ny pakepoo tickets, bat knew the principle of the lotterie Had been in Ah John's house on many occasions, but there jrere no Europeans present then. Mr Beare raised the pcjnfc whether the purchase pf the tickets involved a game of chance or a lottery. He quoted a camber of preoed nis.
His Honour said he would lo reserve the point. Mr Joyce addressed the Court. He stated that these two men -.entered the accused's house on the date mentioned and evidence would be called to show there rere no other Europeans present at the time, and Ah John was also not present He called Lcm Woo miner of Marsden, wh» remem bered the month of July last. Was in Ah John's place early in the month of July. Remembered two Europeans being there. Did not know them, but would know them if be saw the». Witness identified O'Longhlin in Court as the man he saw in Ah John's house. There was another man with him, but Ah John was not present when the two Europeans were there. By Mr Park O'Loogblih asked for Ah John, They bad been selling tickets for a long time, but none had been sold since the last trouble. Did not see anyone sell a ticket to O'Longhlin. The day was the 7th July; To Hit Honour— Was present the whole time the Europeans were in Ah John's. Did not see who sold them the tickets. Lung Ghee, laundryman, knew Ah John and was in bis place on the 7th July this year. Be saw one European come into the place on the oooasion mentioned. Mr Joyce addressed the jury. He stated that the charge was one of selling pakjpoo tickets to O'Loughlin on the 10th July. In order to establish the fact that this was a lottery, according to Mr Justice Williams, it was necessary that the tiokets should be marked by the aeller acd that a dnplisate should also be marked by him. They had Lougblins evidence that he did not see the tickets marked when they were sold to him. O'Looghlin bad some drink before going to the Chinaman's and it was doubtful whether be had ever purchased the ticket at Ab John's, or whether be knew where be bad purchased them. Counsel traversed the evidence of the witness Harrison, etating it was utterly untrustworthy, while that tendered by the polite did not help the jury at all. They had the cvidenoe of the two Chinese witnesses, wbo said that Ah John was not present when the licketa were sold. The jury most be certain that Ah John and no one else had sold the ticket*. He wcnld leave the case with the jury, and if there was any doubt in.their minds they should give the accused the benefit of it.
His Honour, in camming up, ssid they had tbe evidence of two Europeans and tbe indisputable evidence of the documents, ss against that of one Chinese. To his mind there no donbt that the tickets had been sold by someone to O'Loughlin, and most probably by the proprietor of tbe establishment. Becacse Harrison bad apparently been in trouble it was no reason to discount bis evidence, and then there was the evidenoe of O'Longblin. Against tbat they had only the evidence of Lum Woo. He gave evidence that nobody bad sold the tickets to O'Loughlin and that statement was absurd. There was not the slightest reliance to be paced in this man's evidence in any way whatever. They would retire and consider their verdict.
The jury retired at 6 p.m. They were looked ap for four hoars, and being unable to agree, were discharged, His Honour has ordered a fresh trial for today. West Coast Times , Issue 13960, 22 September 1906, Page 3