SKILL OR CHANCE ?

Auckland Star, Volume LXIV, Issue 213, 9 September 1933, Page 11

SKILL OR CHANCE ?

MACHINE SEIZED BY POLICE. COURT RESERVES DECISION , . The question whether a game known as "Rainbo de Luxe" is one of ekill or chance was argued at some length in the Police Court yesterday afternoon, when a hairdresser and tobacconist, Stanley Sharp, was charged with using his Albert Street premises as a common gaming house. Mr. R. A. Singer appeared for defendant, who pleaded not guilty. Detectives Hamilton and Mills and two constables gave evidence of having played on the machine, which had been seized at defendant's shop on September 1. After placing a penny in a slot the player Shoots ten coloured marbles by pulling out a handle and then releasing it, the object being to get the coloured marbles into small pockets of the same colour, and to score points. The police alleged that onco the marbles were released the player had no control over them. Defendant received 25 per cent of the machine's takings. One of the witnesses, however, admitted that a certain amount of skill was required to get the marble into one pocket.

Mr. Singer, who quoted several authorities, submitted that the game was a lawful one and not a game of chance. To secure a conviction the- prosecution must prove "that the game was purely one of chance. There were no circumstances of discredit in this case. Defendant was a most respectable man.

Two witnesses wero called by Mr. Singer and gave demonstrations, one being fairly successful after nominating his shots. Ho said he could even put "side" on the marbles. Both agreed that after some practice on the machine, and with an understanding of the touch and control of the handle which shot the marbles, much success could be achieved.

In- reserving his decision the magistrate said that unless he changed his mind later he thought that the element of skill in playing the game was very slight indeed.