The Hawaiian gazette., 1891-09-15
OPINION OF THE COURT PER JUDD, C. J,

OPINION OF THE COURT PER JUDD, C. J..
On the 7th July the defendant was
charged in the Police Court OF
Honolulu with violating chapter Al,
section 3, of the laws of 1886. In
Honolulu, during two months last
past, by assisting in managing or
conducting lottery, to wit, " che
ia game
He was found guilty, was SEN
fenced and appealed to this Court in
banco on the point of law that the
evidence is insufficient to sustain
the conviction, there being no proof
that a lottery or banking game was
in existence which the defendant
assisted in managing or carrying on.
Mr.. Neumann, of counsel for de-
PENDANT, urges that in order to con-
Wet the defendant of assisting in the
management of gambling game it
must be shown either that such
game was being carried on or that
defendant solicited others to take
chances in such a game, which would
be evidence of the existence Of such
game.
The evidence sent up is as follows:
Defendant collects money and
tickets in Honolulu, has been doing
it every day for past month; | gave
him my ticket on June ", 1891, with
40 cents; gave him none before or
since. won on one word, won 50,
got the So from defendant. | gave
him my ticket about P. NJ, got the
money in the evening at Mary
Akoni's place, from Kaka. Many
others were present: Geo. Sea, Lui
Self, were there; Moses Keumi was
inside the house. (Wm. Coggeshall.)
met defendant the week before
the last in June; / had heard OF q
che ia game, so ! told defendant to
take my ticket and put it in the
bank. The ticket / gave him had
something to do with che ia; / am
not familiar with the game; did
not give defendant any ticket; gave
him 20 cents to play, because / knew
he was acquainted with the game.
(Ikake.l
took defendant che ia ticket
last Thursday and gave him 30
cents; / don't know what he did
with them. / wrote Poolio, Mooka-
lani and Popoki on the ticket; /
lost. This is the only time l played
che ia. l did not see defendant
after he took the money and ticket.
iKalilikane)
Defendant has been dotting words
lately for che ia; if l have 5 cents l
get $1.50; if l hit the word that 1
dot, 1 get $3.50. 1 write word on a
paper, and put 5 cents on it; l give
the paper to a man, if / hit the word
1 get $3.50, if not 1 lose; / have
played this game, not very often;
when 1 get 5 cents dot words. 1
have done it about five times in the
past two months. / wrote my ticket
myself, gave it to defendant some
times; / gave him word on the
day Moses was arrested. / have won
5 cents, but have usually lost; /
have won $3.50 on a 5 cent invest
ment, got the money from defend
ant; don't know where he got it.
(Kailihaona.)
In addition to the foregoing, coun-
sci agree that the following testi-
mony was given by d. KAPPA in the
Court below:
Il know the game of che ia, it is a
~ OE rr0r1r =
game; sometimes l, 2, 3 or 4 words
are held out by the bank, leaving the
player the balance; the person who
guesses the right word wins, the
winner gets in ratio of 30 to 1; if
man puts in 5 cents he wins $1.50;
riddle has to be distributed amongst
the players; the man who guesses
the word gets the prize"
1t was also stipulated by counsel
that all witnesses were asked If de-
PENDANT ever solicited them to pur-
chase chances, and that they testified
he did not.
We think the evidence ID plenary
on which to convict defendant The
witnesses say that for some time
past the defendant has taken
tickets" or rather, the words chosen |
and marked by the player, and the |
entrance fees or bets from the public |
indiscriminately, and after a while |
he returned to the player the money |
if the word had won.
This is assisting in managing or
conducting the lottery. Without
the defendants participation or of
some one TO collect the words chosen
by those who wished to engage In |
this gambling and take money they |
hazarded no such game could be
carried on. Nothing remains to be |
done by the principals in the game
of che "a except to PROFOUND the
riddle and put out the 36 words |
from which the winning word is to |
be guessed by the players, and, when
the numbers are in, to announce
the result. The principals may not |
see or meet the players at all. The
runner or agent, such as the defen-
dant is, deals with the public. The
act of receiving the marked word |
from the player and the amount