TWO-UP.

Manawatu Herald, Volume XLI, Issue 2004, 17 July 1919, Page 3

TWO-UP.

POLICE PROSECUTION FAILS. A two-up school was raided by Constable Condon at Shannon on June 25th last. As a result two young men named Milliam Gardner and Charles Vaughan were charged at the Palmerston Court.on Tuesday that.within view of passers-by, in a public place at Shannon, to wit, an alley leading from Reliance Street to a public billiard saloon leased to Herbert Edward Hook, they did play a game of chance known as two-np. Counsel for accused submitted that the prosecution must fail on the grounds (bat all places must be open places to be public places, and furl her that a public building need not necessarily be a public place within the meaning of the Act. If a person had to look over a fence to see the game it could not he a public place. He further submitted the *■ place must hf in view of persons who were themselves • in a public place, and this had not been proved. His Worship held that flic police had failed,, to show that the game ‘ had been played in “view of persons in a public place,” and dismis- | sed the.informa'tion. ' A re-hearing on a point of law lias been applied for Uy the police in the above case. ... The- application has been granted, and a decision will be given at next sitting of the Magistrate’s Court. .