“A DEGREE OF SKILL”

Gisborne Times, Volume LXIV, Issue 11012, 27 January 1926, Page 3

“A DEGREE OF SKILL”

IN SOLVING CROSSWORD RUZZLE. , . CHARGE AGAINST “HERALD** COY. DISMISSED. Of AN INTERESTING JUDGMENT.

Holding that a certain degree of skill was necessary to solve the crossword puzzle, the prize for which was a free trip to the Exhibition and back, published by the Poverty Ray Herald Coy. on October 17 last, the Magistrate, Mr E. 0. Levvey, S.M., in a reserved decision delivered in the Police Court yesterday dismissed the information by the police charging the Company with the publication of an advertisement making it, appear that certain Gisborne premises were used for participating in a scheme by which prizes were gained by mode of chance. . The judgment stated: — “The facts are as follow:—The defendant company being the proprietors of a newspaper called “The Poverty Bay Herald” issued an advertisement containing a cross-word puzzle, and annexed thereto, certain pictures or illustrations; each ol which, contained one clue or lead to the solution of the puzzle. The puzzle contained thirty squares or spaces in which certain letters were to. he written, which.said letters, when correctly placed, would form the words constituting the correct solution of the puzzle. On each side of the puzzle were statements as to the rules under which the competitors were to act in the attempted solution of the puzzle. Also it was stated that, in the event of more than one person solving the puzzle correctly, the correct solutions would be submitted to tlie decision of a judge mentioned in the advertisement, and who "would, apparently with unfettered jurisdiction, select the winning solution, such, selection or decision being based on the writing, spelling and general style of the solution selected as winning the prize. The prize was to be a free trip to Dunedin and hack.”

“The case for the. prosecution rested on two grounds. Firstly that there was no skill or ability required to solve the puzzle. After consideration I am unable to agree with the arguments of the prosecution on this point. The puzzle is one that would be ridiculously easy to solve to anyone accustomed to working out crossword puzzles, but on the other hand many people, e.g., these who have never previously attempted the solution of such puzzles, or those who have not had the benefit of much education, might and would find some difficulty in solving the same aud there would, therefore, he some degree of skill or ability brought into requisition.

. "The second allegation of the prosecution was that there could be no possibility of the final selection of the judge being anything but arbit,r.ary.- as, owing (1) to the paper on which the solution was .to be written, (2) the size of the spaces in which the was to he done, (3) and the fact that unless the spelling were corect the solution' could not be correct, tlie judge could not ocxrcise any discrimination or experience in awarding the prize, which would Ire therefore selected arbitrarily and so bv chance. In evidence called for the defence it was alleged that extra copies of the puzzle and clues on paper properly prepared and fit for receiving writing would be supplied by the advertisers whose advertisements formed the clues, but as no word or suggestion of this appears in the advertisement, the suggestion is of little value.

“I am quite in accord with this allegation of the prosecution and am of opinion that the judge could not on any correct solutions submitted on the advertisement paper have exercised any judicial discretion at all, although had the solutions been submitted on the properly prepared paper tlie judge may, in a minor degree, have had to use some discretion. “The mrin issue, however, is—Was there any skill required, displayed oi employed in solving the. puzzle and so entering for and possibly winning tlie prize? . “After carefully considering tlie various cases submitted by counsel, I am of tlie opinion that the facts of this case fall within the purview of the decision of the Appeal Court in War<?ell v. McGrath (19 N.Z.L.R. 114), and, rs I find that in order to solve the’ puzzle correctly, a certain degree of skill or ability would bo necessary (although, that degree or skill would he of a very slight character) there is therefore no offence Pl “The information will therefore be dismissed.” „ ,' At the hearing. Inspector Cameron conducted the case for the prosecution and Mr L. T. Bernard appeared for the defendants. It is understood that the Police are forwarding the documents to the Crown Law office for advice and right of appeal.