The appeals of Carlos Garcia and G, F. del Valle, alleged promoters lof "The Wheel" at 161¢ 'Bubbling 'Well Road, against sentences of one year's imprisonment and fines of '$1,000, each, imposed on them by Judge John C. H. Wu in the Shanghai Provisional Court were quashed Jon October 1. in' the Appellate Division by Judges Tseng (pre-ding), Chung and Chiv. The eatre Session of tore than is was occupied by Judge Tseng, who rendered the decision and fanguments between that offeial and Dr, O. Fischer, who, with Major C, P, Holeomb, represented the interests of accused. Mr. R.T, Bryan, the Police Advocate, was present for the Shanghai Municipal Gounell.
rendering the Court's decision, Judge Toong said, inter alia:—
In delivering judgment in this gambling appeal case, I will first render the judgment of the Court, after which Iwill deal briefly with the reasons on which the Court have based their decision, which is unanimous, The appeal is hereby dismissed. the reasons are as With reference to the second de* fendant, dal Valle, the most im-Portant' point we have to consider was whether the place which he conducted. was a public gambling house and. whether it was run for profit. Actually roulette is gambling. According to his own admissions, del Valle has confessed that it wa 'a place for gambling and that it /-was run for profit. Accused, at the first hearing, admitted that. there were gains and losses and every turn of the wheel meant profits, more of less. In the Appeal Court, he admitted that the place was run at a very heavy expense.. According to the police evidence, the number of people in the house on the night it was barricaded exceoged 200 and the accused himself"has admitted that between 50 and 60 people gambled there. Regardless of the number of persons present, it is reasonable to believe that there was a gathering there for the purpose of gambling. The law provides against gambling for profit, no matter whether it is held publicly or privately. 'Therefore, the judgment of the Judge of the Lower Court in this' respect was quite right and it is accordingly upheld.
Text read from the printed page and cleaned; old type leaves the occasional error.