It was said that it was a modern game--assuming it to be so, it was
just what the Legislature intended to include in the phraseology of one
unrepealed section of the law of Henry VIII., which mentioned "any new
unlawful game hereafter to be invented."
With regard to excessive gaming since the repeal of the statutes of
Anne and George II., he did not think excessive gaming at any game
would in itself render the game unlawful, for excessive gaming _per se_
was not any longer a legal offence. Nevertheless, though excessive
gaming was no longer _per se_ unlawful, the fact that it was habitually
carried on in a house kept for the purpose of gaming was a cogent piece
of evidence to be offered to a jury or other tribunal called on to
determine whether a house was a common gaming-house so as to make the
keeper of it liable to be indicted for a nuisance at common law.
Seeing that Mr. Jenks was the occupier and kept the house open for
the purpose of gaming, at, amongst other games, baccarat, an unlawful
game within the meaning of the Statute, he was of opinion that he was
properly convicted.
As to the four members of the committee, the only question was whether
these appellants had the care or management of the house--he thought
they had--they could not but have been cognisant of the rules and of
the true character of the Club. The second rule of the Club placed its
internal management in their hands--he thought there was abundance of
evidence to warrant their conviction.
As to the three players, he found no evidence that they did more than
play at baccarat in the house, by which it might be that they somewhat
enhanced the profits, but they took no part in the management. Adding
to the profits was not a legal offence, as assistance in conducting the
establishment was--the conviction with respect to the three players
ought to be quashed.
Mr. Justice Smith followed, and his summing up entirely coincided with
that of Sir Henry Hawkins. This lucid judgment is of considerable
interest as affecting games played in English Clubs, and did much to
clear up all ambiguity as to how far a Club might allow gambling. It
put an end to all open baccarat, though the game was shortly afterwards
played for a time at "The Field Club," near St. James's Street, an
establishment which much resembled the defunct Park Club in its
diversions, members, and methods, but the police soon interfered, and
with its demise Club gambling at games of chance has become a thing of
the past, except in the low dens of Soho, where faro intermittently
calls for the intervention of the authorities. Police raids upon bogus
Clubs mainly frequented by foreigners of a low class are often reported
in the newspapers.
Public-domain text, read in full here on John Shaqi.
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