Counsel than dealt with the appeal et C.F, del Valle and dealt with the questions of law and fact in-cived. Judge Wu, he said, had Based his sentence of del Valle on. the latter's admission of the lease. he had of 151c Bubbling Well Road. Dr. Fischer went on to describe gambling at the Wheel and said that this was not an offence accord tug to Chinese law. legal gamble dug, according to Chinese law, was] gambling in which a sure profit was] made as, for instance, in pony racing and ' dog. racing. Gambling in Chinese law was wherever there were pari-mutucls or sweepstakes decauso the clubs took off a certain amount which was sure profit, "I am well aware" said counsel, he Shanghai Municipal Council and the Police Prosecutor have different opinions about this because they] old that greyhound and. pony racing is legal while the Wheel is
heltween gambling at the Wheel and gambling in gold bars on the Gold Exchange. Both are special businesses and nothing else."
'As to the question of fact, Dr. Fischer asked "Was 151e Bubbling Well Road run by del Valle asa club or as a gambling place?" and [said that here again the Judge of the lower court was absolutely' wrong. To make " place a public gambling house was' to make Aecessible to all, Lamese and for-igners alike. The police admitted that there were only three tables the establishment and at each of these only 18 or 20 persons could be seated and the total maximum jeould not be more than 60 or 60 people Besides. the gambling rooms, there were roonis for social" entertainment. The _position would be dificult if there were jonly two or three rooms where! gambling was being conducted bat this was a flat with 15 o 16 rooms where many people were entertain-fed, a place which was fixed up as fa club and not a gambling house,
Text read from the printed page and cleaned; old type leaves the occasional error.
