CHARGE OF PLAYING TWO-UP.

Taranaki Daily News, 24 July 1919, Page 5

CHARGE OF PLAYING TWO-UP.

' NOMINAL PENALTY IMPOSED. By Telegraph.—Press -Association. Palmers,ton 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 pas9ers-by in a public plate at Shannon, to wit, an alley leading from Ballance Street to a public billiard saloon, they did play a game of chance Ipiown as "two-up." Mr. H. R. Cooper, who appeared for the accused, at the last hearing of the case contended that it must be dismissed on the ground that the place where the game was alleged to be played was not a public one. His Worship took this view and dismissed the case, but decided to reopen it on the application oi the police. At to-day's sitting of the 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 the game was not actually "two-up." Detective-Sergeant Quirke Baid there wag no doubt that the game took place in view of a public place, as the fence over which the constable looked was only about four feet high. His Worship said that, as the constable did not have to stand on a box to look over the fence, the place would be a public one, and he must, .therefore, enter a conviction. It was a test case; however, and he would only impose a nominal penalty. The accused would ea«h be fined 10s and costs.