Queens Hotel

IN THE COUNTY COURT OF EAST KOOTENAY

QUEENS HOTEL APPEAL

            Last June the Police made a raid upon the Queens Hotel and arrested several men upon a charge of unlawful gambling.  The case came before Police Magistrate Arnold, the Chief of Police appearing for the prosecution, and W.A. Nisbet for the defense.  After hearing the evidence the Judge convicted and fined the accused $20.00 each.

            An appeal was taken from this decision to His Honor Judge Thompson, and the case came on for hearing on Monday.  W.A. Nisbet appeared for the appellants, and G.J. Spreull for the respondents.  A great number of technical objections were taken by Counsel for each side, and the argument on these points and quoting of cases in support took up most of the day.  Finally His Honor gave judgment on the technical objections, and disallowed all of them and decided that he would hear the appeal.

            Evidence was then given to the effect that the Police, acting under a Search Warrant, demanded admission to a certain room in the hotel, but the door was locked and they were not admitted for several minutes.  On entering they found seven men in the room, several packs of cards and some chips hidden away; there were also some empty beer bottles.  Evidence for the defense was given to the effect that the accused were engaged in playing a game of pitch, and that the low man paid for the drinks.

            His Honor gave judgment to the effect that there was no proof whatsoever that either the Queens Hotel or room 26 in the Hotel, which was occupied by the accused, was a common gaming house.  The conviction could not be sustained.  The appeal therefore was allowed and the conviction quashed.