A GAME. OF POKER

Evening Post, Volume XCVI, Issue 47, 23 August 1918, Page 8

A GAME. OF POKER

GAMBLING IN AN HOTEL

LICENSEE FINED,

On 25th June a sergeant of police and two constables paid a surprise and somewhat unwelcome visit to » room in the Hotel Cecil, and, throwing open the door, found thoir suspicions of a "little flutter of , poker" were fully justified. Six men sat round the table holding cards and contemplating various snms of money that lay before them. The players were quite frank in their answers to the police, and expressed the opinion that they were within, their rights as the game was being played, in a private room. This morning a charge of permitting gambling on the licensed premises of the Hotel Cecil was' preferred against the licensee, •James M'Parland.

Inspector Marsack prosecuted, and defendant was represented by Mi". A. W. Blair.

William Rittner, night porter at the Hotel, said he went on duty at 10 .o'clock. On the- night in question-the licensee retired just after 11 o'clock, and handed witness ithe keys of the bar. Witness was in charge of the hotel after the licensee went to bed, and was assisted by-two other men. Prior to the police visit between 1 and' 2 in the morning, witness took various rounds of drinks into one of the rooms of the hotel, and then saw half a dozen men playing poker. Towards the end of the game money was on the table. Witness had never received instructions in regard to gambling.

To Mr. Blair: Four rounds of drinks were called for, and witness first saw money on the table after the second round. The room in which the game was played was used as a store for luggage, but hada table and chairs in it. Witness had served about eleven years in the hotel, and during that time ho had never seen a game of cards for money played in the house before, though he had seen card-playing in f the hotel. ;

Sergeant Mathieson gave evidence ac to preliminary investigations, which satisfied Mm that the six men were playing poker, and as to the entering of the hotel and the sudden interruption of the game. Four of the men had money in front of them in sums of £4 6s, £3 Bs, £4 17s, and 4s. '.'The others had va money in front of them," added witness, "they had gone broke."

Mr". A. W. Blair contended that the fact that the game was played in a room quite unfit for habitation alone made it appear that the men were keeping their game out of sight of the licensee, should he chance to go round the hotel. The porter was met with a set of circumstances for which he had no instructions, and- intended to refer the matter to the licensee in the morning. It was upon the prosecution to establish "permitting" on the part of the licensee. There were no conveniences to encourage card-play-ing in the hotel, and it was submitted that it was no part of the porter's dutieg to interfere with boarders in such matters. The question, was whether the porter was clothed' _with the whole of the landlord's authority, and, • counsel held, such authority had not been given to deal with the unusual ,set of circumstances. ■,".■■■

After reviewing the facts of the case, the Magistrate (Mr. F. V. Frazer) said that if the licensee, on retiring for the night, were, to lock up the premises and give no one authority to admit boardere, to supply them with liquor, or to attend to their needs, then he might not be held to have knowledge of gambling that went on after he had gone to bed. However, the circumstances in this case werft different. The porter was placed in charge of the hotel, and there was no question that for some reason the porter had not carried out his duty fully. When the man was left in charge his omission was the emission of the licensee; ho should clearly have stopped the gamo. The good record of the hotel would bo taken into account, but the fact that ths game i involved fairly large sums must also be considered. A fine of £3 and 9s •costs was imposed, the Magistrate remarking that no order would be made as to endorsing the license.