THIRD EDITION.

Auckland Star, Volume LVII, Issue 205, 30 August 1926, Page 9

THIRD EDITION.

ROLL DOWN ILLEGAL.

DECISION ON APPEAL. CONVICTION CONFIRMED. PREDOMINANCE OF CHANCE. (Bj Telegraph—Soecial to "Star.") WELLINGTON, this day. liiv conviction of Alfred Dawson and Harold Percival Bishop, who ran a rolla duw n parlour in Manners Street, by a magistrate who lined both for using the premises as a common gaming house, was upheld by the Chief Justice in a reserved judgment on appeal this morning. His Honor said that it was clear that appellants made substantial prolits from the game. There was ng opportunity of cheating in the game, no assemblage ol bad characters, and no nuisance, was caused to adjoining premises. On the other hand, the roll-down had no intrinbic merits as a game. It was not a guine like pool, or one which could be played for pleasure and the interest ol" playing. Its vogue was based solely ou the gambling associated with it. Though the amount of the cash stake was not large, games followed one another in quick succession, and many players continued to play game cfter game. The game was one that attracted women and children and young people. If the characters of the competitors, their ages, and the actual conditions under which the game was played be regarded, the conclusion might well be arrived at that the conditions under which the game was played were in the highest degree unfavourable to the acquisition and exercise of, anything like such skill and dexterity as w-ould predominate over the element of chance. It was clear that if the game played was a pernicious game in the public interest, or was played under conditions which rendered it prejudicial to the morals of the community, then a place which was opened for the purpose of playing the game would be a common gaming house. The roil down undoubtedly tended to encourage a spirit of gambling, and appellants exploited for their own profit the gambling instincts of thoughtless people. It required no stretch of imagination to conjure up the effect on public morals.