The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-09-10
The Law as to Betting.

In the Police Court on Tuesday last. F..
] Wolcott sued Frank Higgins for the recovery of
$50. being cash paid by Plaintiff to Defendant
/ on a bet made at Kapiolsni Park. on a horse
! race, between Lehua aad Why Not. run on the
/ 9th August. The action was brought under the
/ 9Th Section of Chapter 80 of the Penal Code. 1t
was agreed that plaintiff had put up $50 and de-
/ PENDANT $40, and on the result Of the race being
announced. the defendant received $50. The
money was not paid with the consent of the
plaintiff. He told the stakeholder not 10 pay
over the money, but he said he had already done
so. Defendant said he told plaintiff he had re-
ceived the money, and he, plaintiff said de-
PENDANT was welcome to il. Plaintiff afterwards
came and said he was swindled and he would
sue for the money. The counsel for the defend
ant, Mr.. Russell, submitted that the transaction
did not come within the meaning OF the Act, and
cited authorities 10 show that horse racing has
been legalized in England. and was therefore not
considered gaming. His Honor gave judgment
for plaintiff for $50 and costs $4.40
On Thursday, J. E. Wiseman and n. Hales
were a~rraigned under the same Act. but Grimm
ally for gaming. A warrant was sworn ont
against these two parties by I. Mcclellan, and
they were arrested accordingly on the 9TH inst,
and on the motion of the Crown, the hearing
WIS set upNh . lut I instant. IN the mean
time the accused had TO give bail to the extent
of $1,000 each. The prosecution called Nh.
Lemon, Mr.. Fox, J. F. Colburn. Capt. Tripp. 7.
Mcclellan, c. b. Wilson and j. c. Garrett as
witnesses against the defendants. Mr.. Lemon
depoSed that he allowed pools to be sold in the
Commercial Hotel. AIR. Fox. barkeeper for the
first witness, testified that Wiseman acted as
bookkeeper and issued tickets at the said pools.
After the sales were over the box containing the
money and the tickets was placed in the iron
safe in the barroom. On the following day, |
though he had strict orders from Mr.. Lemon, not |
to allow the box TO go out of his possession, the
opened the safe to allow Wiseman TO take ont
tickets, books, and n few small notes for change,
for which he (Wiseman) would hold himself
responsible. Hales was present and he took the
box from Wiseman, saying I'm be responsible
for the contents and walked out of the door
In cross-examination Fox said he saw Hales
hand Hawaiian bills to the bookseller and re-
ceive tickets in exchange. He did not see Wise
man buy pools. When the box was taken from
him by Hales he did not object. Hales said he had
not time to give a receipt for it. J. F.. Colburn
that he bought pools on the Mark
Twain and Blackthorn race and received his
tickets from Wiseman. T. Mcclellan, c. Will
and J. c.. Garret gave similar evidences. Mr..
who appeared for the defendants, said
their cases were dissimilar and it had not been
shown that they acted in concert, except in TAX
ing the pool box from Lemons. Pools were
sold, and he commended there was no law against
them nor against betting. Neither was there a
Iaw against horse racing. To find the defend
ants guilty, the game in which they were con-
cerned must be shown to be unlawful. He held
here was no Chapter in the Penal Code which
would warrant q conviction. There was no ac-
cusation of fraud and even if there was it would
not affect the issue. The principal in this mat
ter was the auctioneer, d. l.. Green, bnt he does
seem to have been complained against but
allowed to leave the country quistly. Hales had
been seen buying pools, but there was no evil
ience that he had won or lost, or that the pools
nad been settled. The learned counsel dwelt on
he subject of gaming, as compared with horse
racing, and said that an undue construction was
put upon the law by implication. .Wiseman was
employed by Green and received commission as
wages. He considered this a matter for the
legislature to regulate, but so far they had not
lone so. Mr.. Preston, counsel for the Crown,
horse racing is not legalized in this country,
md it is a game, pnrely a game of chance as it is
lot the best horse always wins. He did not wish |
20 show fraud. He considered Wiseman guilty
oy aiding, citing and encouraging the game for
profit. HaleS made himself responsible by taking
he box from Wiseman. 1t was not the object of
he Government to ask for an extreme penalty, but
lie considered it rotten and bad to swindle the
public generally. The public must be pro-
ected against these arts and devices. Betting
POOLS, and sweeps are illegal and render persons
in them liable to the statute.
His Honor said horse-racing for money had
Deen a vexed question for some time, and the
aw in this country is defective in regard to it.
The fact of wagering makes it gaming. He consid-
red this matter of such importance that it ought
o sc before the Supreme Court. He found the
guilty as charged, and fined them
'25 each and II hours imprisonment. Wiseman
ppealed to the Supreme Court.