THE GAMING LAW

Dominion, Volume 3, Issue 730, 1 February 1910, Page 9

THE GAMING LAW

.'INTERESTING , ■ABOttjMENT;

: '(By Tolcßrapi.-SDCcial Correspondent.) , ; . . , i ■ ..-'Wangatiuii January ,31. .-'A case of interest VM. brought .under, -»g£* Court this .morning, before Mr. Ivoir, SM when : nevoil men-Shore, I'rost, Svenson " tynclii Bartlott/- Tucker,:, and charged %% found in a common gaming-house. Messrs. Hutchison/ Mackayr and Hogg appeared i f %e&Sde.l S ;.wl,o.prosecuted !ii? aW tlie :iirst question was topte was ■ a.: common gaming-house. .He VJUjd show-that "poker" lind been frequently played for money on'the premises, and this' gaino, bo Bubniittod ,was an .illegal once in a.house -would not malo that house a, common ■K, a J min f house 4 n ? u r H " the prosecution' Could - ,that rthe rattle of dice had been: hoard .on other Sons, that wouldrbo ev weak. In baccarat, Sir, .Justice Hawtas decided that:there .was a. of chance " than skilly * and ; consequently ,it was an; illegal game., » «=*■ : Zealand sbctiouj tha:■« sufficient for to. prove, that an unlawful ( gamo w »s a >3 whereas •under the' English;Kotioa, ihe words "fthda bank was kept- w*:?dd™ : After- the'■ police -'had-'■ .in support- of tlie -charge,;-Mr. .Hutchison asked that tho'case, agftmst:. Connor bo dismissed, there. ;boms no -oyidonce ■against him. His Worship...acquiesced..: Air. AlackaV said that under, bection 7: of the Gaming Act, the warrant let; in evidence that otherwise ■ *ould not--.be admitted. The authority'for issuing; the warrant was' Section ■ 3;' and: he submitted that' the; warrant;,was:not. issued .accpraing to 'tho" section whicll stipulated, thai, tho warrarit'-sliould'bb.'issuod to-.a cpnstabls,' whereas tho warranty question had been'-'issued'yto. a : detective; ft, term, unknown' to tho 'law. There "tfttp -cb> tain games -made unlawful::by Statute, Other games were , not: deiined.'.';Ho submitted ' that a ■ game' of ■ chiilico- within, the meaning of-the Act, must ibe-a' game of chance. pure> and -simple, and not ■ a game' in of ...skill or judgment entered, in-f' any ■' appreoiablo form. ■ -.The games ; enumerated by Stateto wero purely games , : of chance. ..ine • Statute '■ 'said that Chinos? ■ games .of /fan tan and pakapooVwere illegal, ,:as-, were othor similar, games. 'Counsel submitted ■thit /there.was a largo, clement, of; skill, in the game of ''draw :polier." Ho quoted various authorities jn support: of. his contoritions, and further' contended :that had . "draw - poker"' Weil .• considered unlawful it. would,/along with .other'games,, have been donned'as unlawful. ■'~,■-• '■]■■ ■';■";.,•' .'After /Mr.' Hogg had argued, to. show.' that poker was, not d game, 'of., chance,. Detecfivb Siddqlis • said. counsel for. tho defence .had '>based:.their'-/arguments, on ; tho: old law;.'but; under the; new,' Aoty.the idea,of whicli was.to prevent,betting and gambling,'-, betting in almost; oySry..fornl_ was prohibited,' :evon' 'bettiug on,foot-races' whs prohibited;" Defendants,: ..were'..' not' charged, .with'•-.playing poker,. , but /.with being;.found' in:•a-.. gamihg-liouse/'(wnoro poker was being •. played' and 'had been played' for ■money): . His .'.Worship served:decision. ~.; ,'.■::■'■'■ '■■:; ; '"■'■'-■■■',.■■ ■■;'■'-■■