CHARGE OF PLAYING " TWOUP"'

Dominion, Volume 12, Issue 255, 23 July 1919, Page 6

CHARGE OF PLAYING " TWOUP"'

NOMINAL PENALTY IMPOSED. By Telegraph.—Special Correspondent. Palmerston North, July 22. At the Magistrate's Court to-day, before Mr. J. L. Stout, S.M., the rehearing of the case was taken in which two men named William Gardener and Charles Naughan were charged "that within view of passers-by in a public plnco at Shannon, lo wit, an alley leading from Ballance Street to a public billiard saloon, they did play a game of chance known as "two up."

Mr. H. E. Cooper, who appeared for the accused, at tho last hearing of tho case contended that it must be dismissed on the ground that the place where tho game was alleged to bo played was not a public one. His Worship took this view and dismissed the case, but decided to reopen it on the application of the police. At to-day's sitting of tho Court Mr. Cooper contended that the case should again be dismissed on the same ground as before, namely, that persons had to look over a fence to see the game being played; and, further, that tlw game wos not actually "two up."

Detective-Sergeant Quirke said thero was no doubt'that tho game took place in view of a public place, as the fence over which tho constable looked was only about four feet high.

His Worship said that as the constable did not have to stand on n box to look over tho fenco ths place would be a public one, and he must therefore enter a conviction. It was a tost case, however, and he would only impose a nominal penalty. The accused would each be fined 10s. and costs.