GAMING CHARGES

Dominion, Volume 32, Issue 156, 28 March 1939, Page 6

GAMING CHARGES

Proprietor Of Amusement Parlour Fined FRUIT MACHINES TO BE DESTROYED By Telegraph—Press Association. AUCKLAND, March 6.

Arjned with a search warrant, Detectives visited an amusement parlour known as “Sportsland,” at Mission Bay, on Saturday night, and arrested the proprietor, llicbard Adam James Nixon, ou two charges under the Gaming Act. The officers seized three fruit machines.

When Nixon appeared in the Magistrates’ Court before Mr. Orr M’alker, S.M., this morning, the police stated that the operating of such gambling devices w-as becoming a public nuisance. The magistrate ordered two of the machines to be forthwith destroyed and deferred consideration of the other till tomorrow morning.

Nixon, for whom Mr. Steadman appeared, was charged that, being the ■occupier of premises at Mission Bay known as “Sportsland," he used them as a common gaming house on March .25, and on the same date, being the occupier of a caravan situated at the same premises, be used it as a common gaming house. In both eases accused pleaded guilty. It was stated by Detective-Sergeant Walsh, who prosecuted, that Nixon was the owner of an amusement parlour at Mission Bay. This contained about 50 table games, mostly of the pin table type. For a long time past complaints had been received by the police about the fruit machines installed. These, of which there were three, were operated by placing a coin in a slot and manipulating a handle or lever.

“It is a well-known fact that, the percentage is greatly in favour of the. person oiHwatjng and owning these machines.” added .Mr. Walsh. “On Saturday detectives found two fruit machines installed in a caravan adjacent to the amusement parlour. The third fruit machine was operated on a different principle from the other two machines, but. like the other two, It was purely a game of chance.”

Gaming Instruments.

Detective-Sergeant Walsh added that as late as 10G3, following a case which was contested, it had been held that fruit machines were instruments of gaming. Nixon’s establishment was frequented largely by young people. In one. machine seized there was £7/16/-, ami 10/- in another. Under section 7 of the Gaming Act Detective-Sergeant Walsh asked the magistrate to make an order for the confiscation and destruction of the three machines mentioned.

“There are many of these machines iu use and we are continually receiving complaints about them,” Mr. Walsh said. “Nixon is interested in other machines in other premises. This offence Is regarded by the police as a serious one.”

Itemarking that he knew fruit machines were illegal, Mr. Steadman asked the magistrate to differentiate between the two fruit machines and another operated on the principle of a pin table. In this machine there was an element of skill. Counsel asked the magistrate to inspect it before making any order for its destruction. The two fruit machines cost Nixon £75 to land, and the third machine £9O. This more modern machine could be altered to operate as an ordinary penny-in-the-slot machine similar to hundreds which were being played in Auckland. Nixon had only been operating the machines since Christmas and always kept check on the types of individuals who used them. His place was well conducted and this was the first time he had ever been prosecuted on such a charge. Mr. Orr Walker.: I have no hesitation in ordering two of the fruit machines to be destroyed forthwith. That order I now make.

On one charge Nixon was fined £lO. Mr. Orr Walker reserved his decision concerning the other machine. “The matter can be gone into between yourself and the police, and if the third machine can be made into an innocent machine I do not propose to order it to be destroyed,” the magistrate told Mr. Steadman.