FRUIT MACHINES

New Zealand Herald, Volume LXX, Issue 21462, 8 April 1933, Page 13

FRUIT MACHINES

HELD TO BE ILLEGAL THE ELEMENT OF CHANCE SUPREME COURT APPEAL JUDGE UPHOLDS MAGISTRATE The decision of Mr. F. K. Hunt. S.M., that mint vending or "fruit" machines were illegal and that any person operating such a machine played a game of chance has been upheld by Mr. Justice Herd man. In delivering reserved judgment in the Supreme Court yesterday in the appeal made by Eric Philip Goldsboro, hairdresser, of Newmarket, against a conviction recorded against him by Mr. JHunt for keeping a common gaming "iousc, His Honor said the machine in appellant's shop was worked upon what was known as the catapault principle. 'A metal token was first inserted in the machine; then, by pulling a lever, a spring pas compressed 1 which caused three reels to revolve at a high rate of speed. On the face of these reels, pictures of fruit and of bells and bars were printed. Cherries, oranges, lemons and plums were to be seen on the reels. If, when the reels had ceased revolving certain combinations of the various symbols were exhibited, the operator became entitled to a prize, ior each token purchased from the proprietor the operator paid threepence. Ten combinations only entitled the investor to a r ' 7 ° Question ol Skill The prize was represented by a number of metal discs having a hole in the centre. If the investor was successful in striking a winning combination, ho must, for the purpose of getting his winning discs, place another token in the machine and operate it again. This .-pleased the prize discs which entitled the winner to purchase in appellant's shop cigarettes or tobacco to the value of .the discs won. The investor was also entitled to a package of sweets for each token used, but the sweets might or might not be taken. There was evidence that some players did not trouble about sweets, and when a customer proposed to play without requiring minties, he got five tokens for one shilling. If he required the sweets, he got four tokens for one shilling. Sometimes players who won prizes re-invested their winning discs. These discs had a hole in the centre and differed from the tokens originally purchased in that they did not entitle the investor to a packet of minties.

If the description of the machine ended there, it would be difficult to see how it could be suggested that it was anything else than a contrivance for playing a game of chance. It Would not be possible to exert skill for the purpose of producing certain results. But the machine possessed another feature which, it was claimed, made it possible to exert skill in its manipulation. Three finger stops were provided, one for each reel. If -a stop was pressed, the reel leased ''to revolve. Without the intervention of the stops the reels came to rest in rotation. Demonstration in Court "The machine was operated before me by two witnesses called by appellant who were alleged to be experts," continued His Honor. "By pressing the keys, reels ceased to revolve. To that • extent the machine was under the control of the operator. But it seemed to me that the element of chance survived. I failed /to see, when watching the operator, how any dexterity that he exhibited disposed of the element of chance. The game was for all practical purposes a game of pure chance. On many occasions during the test the operator, claiming to be an expert, failed to make the machine produce a v Winning combination. On these occasions chance was responsible for the result." His Honor said the. machine was placed in a barber's shop in a busy thoroughfare. "A police officer one day observed 17 men and one woman operating the machine and none of them purchased ■> anything," continued His Honor. "He said one man operated the machine 50 times and at the end had no' winning discs which he could convert into tobacco.

"An Element of Certainty"

"When one speak.s of a game of skill tmd contrasts it with a game of chance, one means that the skilled exponent of the game is able to prodtice a result which is not a mere accident. The result is to some extent deliberately designed and achieved by superior skill. There is the element of certainty in it. Intimate knowledge of the machine, incessant practice and natural aptitude may enable a man to lessen the chances against him when manipulating the fruit machine, but from the time the reels begin to revolve until the time that they are all at rest, chance must, in my opinion, substantially determine the ultimate result. "I shall, therefore, decide that for all practical purposes the game played "upon the machine produced in Court is, in substance, a game of chance." ' At the bearing Mr. Towle appeared for appellant. Mr. Meredith and Mr. opposed the appeal.