GAMBLING AT BILLIARDS.

Dunstan Times, Issue 775, 23 February 1877, Page 3

GAMBLING AT BILLIARDS.

At the City Police Court yesterday, "William Jenkins, proprietor of the Rose, Shamrock, and Thistle Hotel, Green Island, was charged on remand with having permitted gambling by playing at billiards in his licensed house. Mr A Bathgate appeared for the defendant. His Worship said: 'ln the information against William Jenkins for permitting gambling by playing at billiards, I said I would give my judgment to-day. I have carefully looked into the question that Mr Mallard submitted to me, and compared it with the English Acts, and I have likewise referred to the best dictionaries that I could get hold of for their definition of the word “gambling.” I find Richardson has it down “to play for money staked or pledged;” Webster, “to play for money or other stakesLatham puts it “to play extravagantly for money.” All agree that it is to play for money or money’s worth. As to extravagance, I would strike out that construction, because what would bo extravagance in one man would not be so in another. Therefore the information must be sustained. Mr Bathgate? Might 1 point out that there is no evidence of Mi' Jenkins’ knowing that the gambling was going on ? His Worship :He must prove that. I have made up my mind that playing for money is gambling, aud that there is no right to have it in a licensed house. Mr Bathgate: Supposing two players subscribed sixpence each and paid the defendant for the table ? His "Worship; The evidence is that he received a shilling for the game through one of the men, and that makes it gambling. I know it is the law, and if informations are laid it will interfere very considerably with tho custom that obtains here ; but it is very clear, and I have not the slightest doubt in my own mind, that not only are billiard tournaments in a licensed house illegal, but also playing for money so that payment for the game is made is also illegal. This is the first information of the kind, and I will make the first as nominal as I can. Inspector Mallard ; Of course I have only brought it as a test case, your Worship. His Worship : I will give judgmeut for Is and costs. Mr Bathgate ; My client resides at Green Island, and we may want to appeal. I have to ask that execution bo stayed for two or three days. His Worship : You may have leave to appeal, if it is required.