Johnstone River Advocate and Innisfail News, Friday, November 27, 1931
His first official lapse in 50 years' residence in the Innisfail district was responsible for the appearance at the Innisfail Summon Court before Mr. A. E. Aitkin, P.M., on Monday morning, of Lum Hook, an aged Chinese market gardener, on a charge of unlawful possession of opium.
Mr. M. A. Vandeleur appeared for the defendant and, pleading guilty, stressed the age and long residence of his client in this district without previous offence.
His plea that defendant was in indigent circumstances was somewhat borne out by the appearance of Lum Hook and the display of an unprepossessing member of his pedal extremities that had found the canvas of his shoes but a poor barrier in its fight for freedom.
A fine of £20, in default one months' imprisonment, was imposed by Mr. Aitkin.
Action by Constable Crank was responsible for the appearance of defendant, and Senior Sergt. Kierman said that this officer, in company with Constable Evans, proceeded to Mellick's island, about four miles from Innisfail and, searching Lum Hook's premises, found a small amount of charcoal opium. When questioned, the defendant admitted ownership of the drug and later he was served with a summons.
Senior Sergt. Kiernan stated that defendant had not been before the court on any previous occasion. He was suspected of trading in opium, and there were a number of aborigines in the locality and there was a suspicion that he sold it to these people.
Senior Sergt. Kiernan produced the opium, which Mr. Vandeleur, in pleading guilty, said was only a small quantity.
Mr. Aitkin: That is not a small quantity, Mr. Vandeleur.
Mr. Vandeleur said that he had been told by the Senior Sergeant that the charcoal opium would be sold for about 1/-, although there was some opium for which a high price had to be paid. In that case there could not be a £'s worth in the containers. The Senior Sergt. had told him that when it was sold to the aborigines it was mixed with water for drinking.
Mr. Aitkin: A little goes a long way like that.
Mr. Vandeleur submitted that acting judicially the magistrate could take into consideration the suspicion but would treat it as the offence on which he was charged, and for which the penalty had been increased and was now very substantial. It was his client's first offence. He was 75 years of age and had been living in the district for 50 years. Defendant assured him that he was eking out a living by selling vegetables. It was well known that he had a market garden on Mellick's island. He grew vegetables there and sold them to other Chinese, who retailed them in Innisfail. He said that he had been addicted to opium for 50 years but never sells it. He was in very indigent circumstances and whatever fine was inflicted he would have to rely solely on the generosity of his friends to pay othrewise he would have to serve a term of imprisonment.
He asked Mr. Aitkin to take into consideration defendant's age and the time he had been in the district - half a century.
Mr. Aitkin: Is there much opium about now?
Senior Sergt. Kiernan: I am informed that there is, but of course it is nothing to what it used to be.
Mr. Aitkin imposed the minimum penalty of £20, with 3/6 costs of court, in default one months' imprisonment.
Mr. Vandeleur applied for one month in which to pay the fine, and this was granted.