The question was, did "baccarat" come within this category?—the description of the game given by Mr. Russell satisfied him that it did.
Baccarat was a game of cards—a game of chance—and though, as in most other things, experience and judgment might make one player or banker more successful than another, it would be a perversion of words to say it was in any sense a game of mere skill. It was, therefore, in his opinion an unlawful game within the meaning of the statute.
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.
As regards respectable Clubs, a certain amount of bridge, usually for very moderate stakes, is indulged in, but gambling for high stakes is strongly discountenanced. Members inclined to indulge any tendencies in this direction generally do so elsewhere than in a Club. From time to time small Clubs in which there is some high play have sprung up and had a brief existence. When bridge first began to capture London, a bridge Club was started in the West End where very high stakes were the rule. It lasted but a short time, owing chiefly to the fact that a young and not very astute member lost a very large sum, which created considerable scandal and broke up the Club.
High bridge is now played in London mostly by wealthy people, well able to take care of themselves. The outcry raised some time ago about young girls being compelled to join in playing for large stakes is not based upon any solid foundation of truth, for as a rule high players are not fond of running the chance of drawing a novice as a partner. A bad player spoils the game.