The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-07-22

A record is kept showing the number O
tickets sold, to whom, and the amounts re.
ceived
1t is urged by the defendants counseltha
this is a lottery, a device by which, by sim
pie chance a man may win something, and tina
il is not within the Gaming Act" Of this coun-
try, although its evils may be within the evils
sought to be prevented by the Act. If ont
takes chance in a rattle or a lottery he plays
no game"
By THE CouRT:-The statute of this coun-
try on the subject of gaming is in these words
''Whoever by playing at cards or any othel
game, wins or loses any sum of money or thing
Of value is guilty Of gaming" Ii is remark
able that though this Section of the law has
been on the statute book, unamended, for ovel
thirty-hve years, it has never received judicial
construction.
Bouvier defines gaming TO be ga contract
between two or more persons by which they
agree 10 play by certain rules at cards, dice,
or other contriyanoe, and that one shall he
loser and the other the winner. There arc
games which depend altogether upon skill,
others upon chance, and some others are of q
mixed nature Billiards are an example of the
FIRST, lottery Of the second, and backgammon
of the last"
Bishop in his Statutory Grimes, Sec. s57,
says of games or gaming: at is perilous to
undertake to give an original definition of a
word so elastic IN its use and of such uncer-
tain meaning; yet the author will venture the
following, as indicating the sense in which il
is more commonly employed A contest Of
chance, or Of skill disconnected from the idea
of useful production, wherein the party in
whose favor the result appears, is termed the
winner, ard the other party is termed the
loser"
have no difficulty in finding that the mat
ter under discussion is game of chance"
Our statute is silent as to whether the game,
to be within the law, shall be one Of skill, of
chance, OF of both skill and chance. There
fore, itincludes games of all these descriptions
But the mere playing of such games is not for
hidden. 1t il when by playing such games one
shall lose or win money thereby that the stat
ute calls it gaming" and a punishable Of
Tense.
The winning and losing Of money in the
game described in the testimony is clearly es-
tsblished. The defendant as understand il,
was the manager Of the lottery, and the chances
OF his winning money were exceedingly great
Ii is proved that he did win money by this
game. Did he however, play at the game?
BE conducted the lottery and had an interest
IN Its almost certain gains. But do not think
1t is necessary TO hold that lie must be shown
10 have personally manipulated the apparatus
or devices used, in order to hold him as a
player" Of this game. He must be shown 10
have participated in it SC far 10 have risked
money or thing of value upon the contingency
of success or loss. Our statute does not par
ticularize the games which are unlawful, as
in some countries. ! must believe that the
Legislature did not enumerate the games then.
in vogue, in order that the law might be COM
prehensive enough to include every descrip-
ton of game, which, if played for money, the
law condemns. Human ingenuity is constantly
inventing new games and new names for old
games But under our sweeping Law it is not
that there should be new legislation
to meet each new invention. The test is
whether the player wins or loses money
thereat.
In the case of the Commonwealth rs. JVy.igJh
1877 Mass, $50, the Court discusses the cues
ton whether the game popularity known as the
policy or envelope game, is lottery. The
Court find it to be a lottery, and call it a
game" throughout the discussion, and that
the "playing" Of it was by person choosing
a number and playing for il, and the rest Of
The game was executed or played by the con-
luctor of the lottery.
Our statute is, as have said, peculiar, and
Allows great latitude in construction.
Gaming is not an offence recognized by the
common law of England.
Having found that the matter in which the
defendant was engaged, to wit, a Chinese Dove
Lottery is game in which by playing att he
won money, find him guilty, and sentence
lin TO pay fine of SlOO and costs, and to be
Imprisoned at hard labor for ten days.
Attorney-General Neumann for the Crown;
iessrs. A. S. Hartwell and W. A. Whiting for
Honolulu, July IL, 1855.