"POOL" IN BILLIARD ROOMS.

Dominion, Volume 4, Issue 962, 1 November 1910, Page 2

"POOL" IN BILLIARD ROOMS.

/TEST CASE DECIDED. :'-^ !■■ (By, Telegraph.—Press. Association.)' '';;■ Auckland,'-October-'3l. :Mr.. Cutt'en, S.Mi, delivered his reser'veoS judgment in. the 1 test case; being one- ofi several against keepers .of. billiard sa-i loons, alleging in effect that their rooms) are conducted as common gaming houses* The fact upon which the prosecution de-j pended was that defendant allowed "poolto be played for small stakes' daily, itf being contended that the playing.of any) game for-any stake was gaming, and thatt playing such a game habitually constituted! the saloon a common gaming house. Cutten, S.M., said he thought ■ the weights of authority favoured this, contention* Having a license to. keep a. billiard sa-J loon- aid not, in the magistrate's opia-i ion, help defendant There was roomJ to infer J:hot,ihe .Legislature.'.had in,view), wagering upon games of chance only, and' not on playing games of skill for a stake, even when the stake was contribute'd". by l the parties themselves; but .such,.play\ was gaming' within the ordinary; mean-t ing of the words; of the. Act, and evidence; that the place was habitually used' for 1 such play Was evidence of gaming. -See< ing the defendant was convicted of keep-i ing a common gaming house, he would be fined £6 and costs. Notice of appeal was given. The other cases were held over, pending the result of the appeal.