POOL PLAYING ILLEGAL.

Taranaki Daily News, Volume LIII, Issue 173, 1 November 1910, Page 5

POOL PLAYING ILLEGAL.

A QUESTION FOR APPEAL. By Telegraph.—Press Association. Auckland, Monday. Mr. Cutten, S.M., delivered reserved judgment in a test case, being one of several against keepers of billiard saloons, alleging in effect that their rooms were conducted as common gaming houses. The fact upon which the prosecution depended was that defendant allowed pool to be played for small stakes daily, it being contended that the playing of any game for any stake was gaming, and that playing such a game habitually constituted the saloon a common gaming house. Mr. Cutten said he thought the weight of authority favored this contention. Having a license to keep a billiard saloon did not. in the Magistrate's opinion, help defendant. There was room to infer that the Legislature had in view wagering upon games of chance only, and not on playing a game of skill for a stake, even when the stake was contributed by the parties themselves, but such play was gaming in the ordinary meaning of the words of the Act, and evidence that the place was habitually used for such play was evidence of ga'mina. Defendant was convicted of keeping a common giuning-house. and fined £(> and (■<«-. Notice of appeal was given, and the other cases held over pending the result of the appeal.