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Dominion, Volume 20, Issue 296, 13 September 1927, Page 5

A decision bearing on. the pastimes of waterside workers was given. by .Mr.. E. D. Cutten. S.M.. m the Auckland trate's Court recently, in a case m which three men were charged with playing a game of chance with instruments of gamtag in the waterside workers . shed on the wharf (reports an exchange) The Magistrate said that the shed was restricted to the use of the waterside jsorters and other persons who had busmes. with them, the public generally excluded In these circumstances, the shed could scarcely be regarded as a public place within the meaning of the Act. It was an offence, however, to catry on playing by way of gaming within the view of persons in a public Place, the waterside workers’ shed had doorways opening on to the wharf, which vas . public place, and persons standing at or passing the doorways could have a view of what the defendants were •loins There was no evidence, however, that there were any persons on the vr.art near these doorways within whose view the defendants were carrying on this gaming. The Magistrate said he thought that such evidence was necessary in order to convict. “I think, therefore, concluded the Magistrate, “that unless there is evidence that the acts were done within the view of persons who at the time were in a public place, there is no offnee The acts of the defendants may be objectionable, and if they are so considered the Harbour Board may be able to deal with the matter by regulation. The charges are dismissed.’