A PAK-A-POO CONVICTION.

Press, Volume LXIII, Issue 12860, 19 July 1907, Page 4

A PAK-A-POO CONVICTION.

c APPEAL TO THE FULL COURT. (KSSS ASSOCIATION TELIORAM.) 1 WELLINGTON, July 18. Th© Full Bench of tho Supreim Court (Denniston, Chapman, and Button, J.J.), to-day heard the case ol Joo Go© v. Williams. This was an appeal from tbe judgment of Dr. McArthur, 8.M.. it Wellington, ©onvict*ing the appellant Joe Gee, o Chinaman, of selling a ticket on tho jjamo oJ chanco pak-a-poo. The appellant was. i fined £100 with £2 13s oosts. Tho in- ! formation wa6 laid under section 18 of "The Gaming and Lotteries Act, 1881," ' and charged the appellant -wifh selling I tickets by which prizes wore gained | by chanc©. At tho conclusion of the evidence for th© informant, Mr »• a- ] ford, counsel for the appellant, contend i ed that the information should bo , dismissed on the grounds 6tated by him, but th© Magistrate overruled these j objections and convicted the appellant, j Owing to somewhat conflicting judgments having been given by Sir Robert Stout, Chief Justice, and Ml* Justice Williams, on the question of playing tho game of pak-a-poo, the appeal was argued before the Full Court. Mr Cbapma_n, X.0., and Mr Wilford appeared for the appellant, and Mr Myers for the respondent. Mr Chapman, after reading the evidence given in the Magistrate's Court, contended there was no valid evidence given tliat the ticket sold by tho appellant was the ticket sold in pursuance of tho scheme to distribute moneys by chanoe. The evidonce given as to the manner in which pak-a-poo was played wan not evidence of what, they had seen only ovidenco of vhat they had boon told. It was heareay evidence and should bo excluded by the Court. Tho Crown had not proved that the shilling won by th© respondent waf the prize. Mr Chnnraan further oontendcd tliat section 18 of "The Gaming and Lotteries Act, 1881," was not aimed at and did not hit the playing of a game such as pak-a-poo which was epecifically providod for in section 9. of th© Act under which th© informa tion could have been laid. The case was unfinished to-day.