None of the witnesses can testify that the accused was present in the oom where roulette was being playa und therefore there is no direct there, 3 evidence of the fact that he was
By. clreumstan'ial evidence meant evidence of other facts from Which the fact that the accused was there may be inferred. Tam of opinion that from the facts proved it may be inferred that the accused was there, and thay is the inference Which T have drawn, The accused has not tendered any evidence to. the. contrary. Te was of course possible for the accused to testify on his own behalf that he was not in the part of the tullding Where roulette "was being playa and to be cross-examined on his testimony.
It is possible that he might have been called by the Court to testify, under the provisions of Section 8 of The Gaming-houses Act, 1854 (07 and 18 Viet. e. 38).
But in the absence of any evidence to the contrary I find as a fact, 2 the evidence before me, that the Xccused was present in the common gaming "house at 151 Bubbling Well Road.
As regards the first point, that no offence has been disclosed by the charge, T consider myself bound by the case Murphy v. Arrow, 2. QB. page 527, Betting or Gaming Houses In this case a raid was made on 1]a warrant issued under section 11 of the Betting "Act, 1858 (16 and 17 Viet e119). Three men. were! charged under this Act with having Kept the premises for the purpose of betting and. fined, and. the ppeliang and 84 others arrested the warrant. were brought before a Magistrate to be dealt with accord-to the law. By Section 2 of the Act the betting house was held to is"a common gaming house within the" meaning. of the Gaming Act, 1845 (8 and 9 Vict. 108).
Te was held that the accused coatd be bound over, under 33 Henry VIII, €2,'29, no more $0 play, haunt of raise at any gaming-house, not-there was no evidence against him, beyond. the fact, of his having een found_ the betting-house.
the course of his judgment, Lindley, Master of the Rolls, Sys:
"in considering the effect of the legislation the proper starting point the Betting Act, 1853 (16 and 17 Viet e009). Seek 2-of that set Very important, Tt provides that ured for the purposes referred to in every house, opened, Kept,
Sit, that is, asa betting, house, Shall be taken and deemed: to be common gaming-house within the peaning at 8 and 9 Viet. c.109. The first question to consider with
Text read from the printed page and cleaned; old type leaves the occasional error.