On the 1st of February 1884, at Bow Street, before Sir J. Ingham, Jenks
(proprietor), Dalton (secretary), and certain members of this Club and
its committee appeared to a summons charging them with a contravention
of the Gaming Act.
Mr. St. John Wontner prosecuted, Mr. Charles Russell, afterwards Lord
Russell of Killowen, and Mr. Poland, instructed by Mr. George Lewis,
defended.
The charge against the defendants was that they were concerned in
keeping a common gaming-house, and permitting a game of chance to
be played called "baccarat." For the prosecution Mr. Wontner quoted
some rules of the game. He said that the regulation bank at this Club
was fixed at £50, an open bank at £1000. As a rule, the banks varied
from £25 to £300, but were often larger. Mr. Wontner quoted a printed
description of the game of baccarat, and submitted that it was purely
a game of chance of a dangerous character, at which excessive gambling
took place. Playing cards for amusement was not prohibited, but it was
contended that excessive gambling was punishable by law.
Sir J. Ingham inquired as to the definition of the word "excessive."
Mr. Wontner submitted that the Legislature had defined excessive
gambling as criminal, while moderate gaming was not. So the proprietor
of a place where excessive gaming was allowed, and who received
the profits, was guilty of the offence at common law of keeping a
gaming-house, and habitual users of the house were also liable.
An ordinary Club-house, where the profits went to the members, would be
equally a gaming-house if excessive and habitual play were allowed.
Mr. Wontner quoted several decisions, and referred to various Acts
dealing with gaming, dating from the reign of Henry VIII., when all
games except archery were declared illegal. A subsequent Act repealed
that Act, as far as games of skill went, but the old enactment still
held as to games, and he contended that whether unlawful gaming went
on in a house, the proprietor of which admitted members on payment of
subscription, or whether it took place in an ordinary Club, the offence
was just the same.
Public-domain text, read in full here on John Shaqi.
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