COURT OF APPEAL.

Gisborne Times, Volume XXIX, Issue 3194, 13 April 1911, Page 3

COURT OF APPEAL.

A DECISION RESERVED.LI’ER press association WELLINGTON, April 12. The Appeal Court, after hearing argument in the case in which a motion was moved to strike J. E. Pullen, of Auckland, off the roll of barristers, reserved its decision. BILLIARD SALOON-KEEPER’S APPEAL. The Appeal Court to-day is hearing John JaeKson’s appeal against a conviction of keeping a common gaming house. He is a billiard-saloon proprietor, and allowed pool to be played. He also' allowed' ordinary billiards for which the loser of the game paid for the table. In: billiards no stake was played for, and in pool each contestant put in 6d or Is per game, the winner taking the lot and paying for the table. Mr, Earl, of Auckland, appeared for appellant and tbe Solicitor-Gen-eral for the police. Ibis is a test case, and if the conviction is affirmed, other billiard-room keepers will be proceeded against. The Solicitor-General submitted that the term “chance” was much narrower in meaning than the term “uncertainty” ; that aU games were uncertain, and if uncertainty was vhe same as chance, all games would be games of chance. He submitted' That “chance” was an element of uncertainty purposely introduced into the game in order to make the issue depend wholly or partly, not upon human skill, but upon decrees of fate, and this was the element introduced by the use of marbles in pool. Tie then discussed cases on the subject and various sections of "the Gaming Act. Mr. Earl, in reply, said that the marbles in pool wore not used tp give an advantage to one player over another, but only to add variety to tile game. The Court reserved its decision.

The Court will sit again on April 24th, after the Easter vacation.