GAMBLING IN A LODGINGHOUSE.

Mount Ida Chronicle, Volume VIII, Issue 422, 10 May 1877, Page 2

GAMBLING IN A LODGINGHOUSE.

Robert Keenan was charged, on the information of Sergeant OJNeill, ,with haying, on the 27 th April, unlawfully permifcled gaming in his dwelling-house, wherein refreshments are consumed, contrary to section 19,0f "The Town and Country Police Ordinance, 1862."i. Sergeant O'Neill conducted the prosecution, and Mr. 6'Meagheu appeared for the defendant, who denied the charge. Richard Moore, a labourer, residing at the Criterion Boardiug-house, deposed that he was in the defendant's boarding-house on the night of the 27th ultimo, having gone there about';lo o'clock. There were a number of other people there at the time. They were dancing in the house. -They were also playing "Yankee, grab..'! . (The witness here gave an explanation of the manner in which the game is played.) There were eight or ten playing. The game was for a shilling each. The defendant was one of the -players. Tij.ere was only one set of throws, and there was a dispute over the throw. When the row started, Mr; Keenan put the players all out, and turned down the gas. -■" '- '■■-■'■ Cross-examined by Mr. O'Meagher; witness said; that he'_ would; swear, that Keenan had thrown the dice, but he, could not say whether'; he had put a shilling'iii. the same as other" people. He was positive that tho defendant had thrown the dice the same as the others. ■• He had got the cut on his - forehead from a stone thrown during the row on Friday night. His- brother had bad a fight with another man" outside the house, over the 4 dispute about the throws. He could not say what the time was when the dice was., thrown. . -t Saunjei Moore, stated that he was at Keenan's Boarding-house on thenight in question. ■Thflre had been .'some shaking of. dice, ihe game being " a shilling in, and the winner shouts." There were nine persons engaged in the game, and Mr. Keenan was one of them. There was only one game, and witness won the'pool. He left the house; because he was "hunted out of it," the-reason being that there was a dispute about the dice.

; Cro33-.exarnined.-by- Mr. jQ'Meagher i ,He bad-been- at Croft's one' night during the week;.and there had been a fight, in-Trbieh : he took part. The same parties-were at Keenan's on the night of the dice-thro wing. -He had been at Richmond's Boarding-house on. Saturday night and had not gone out during tho whole of the night. He knew that the whole of Eeenan's windows :had been .broken at an early hour on Sunday. He first heard of it when Kernan went to Richmond's and accused some of the hitter's boarders of breaking the windows.

Archibald Macpherson stated that ho was in defendant's boarding-house on the night of the 27th inst. He was dancing there until about 12 o'clock, and afterwards threw " Yankee grab " for " a sliilling in and the winner shouts." There were nine engaged in the game Xeenan being one of them. There was only one throw, and,. Samuel Moore was supposed to be the winner, and got. the money. The stakes were placed upon a cask where they were throwing the dice. Ho left; the house between twelve and one o'clock.

Cross-examined by Mr. O'Meag'Jier :• It was after twelve o'clock when the throwing commenced. They did not have any drinks out of the money. Mr. O'Meag'ner said the first objection he would raise to the information was, that in the information it was stated that the gaming took place on the 27th, while the evidence wont to show that the dice-throwing took place on the 2Sth. He then said that the section of the Ordinance under whieli the information was laid was a ridiculous one. Under this any private individual who had a party of friends at his house, and indulged in a game of whist for sixpenny points, would

be liable to prosecution. The section appeared ultra vires, and if it was put into force' there •would- be an end to personal liberty. He asked : his Worship to give a decision upon the point whether a man was to be prohibited from haying a friendly game of cards at his own house. He did not think the case was one for prosecution, and asked that it should be dismissed.

His Worship said that he wasnot surprised at the line of objection taken by counsel for the defencS," an'd "added "that lie would tale" time to consider the objection raised.—' Oamaru Mail.' . ; ■ > .