Page:Portis v. State.pdf/4

27 Ark.][T, 1782.] statutes should be liberally construed lay courts of justice in aid of the legislative intention, so, if possible, to rid communities of these growing corruptions and to check these pernicious practices.

This "keno" institution, with its globes, balls and cards, so far as the court is advised, was not invented for the purpose of innocent amusement or pleasant pastime, but is set up, kept and exhibited to induce numerous persons to buy the use of cards at a small sum of money; with a chance, by the aid of the other appliances of this device—(the balls, globe and lackey who turns them), to win a much larger one, the sum total of each one's contribution. While the keeper or exhibitor is certain to get the per centage for the use of his device, yet he by its assistance, determines the question as to whether A or B shall take all the money, less the per centage, or whether they shall lose what they have contributed for the use of the cards. It is not that species of gaming called a lottery. A lottery, says Webster, is a "distribution of prizes by chance." The prizes have an existence before tickets are sold; but in "keno," each player puts up his fifty cents to make an aggregate sum, which is the amount played for.

The description given of this game, by the witnesses, makes it purely a game of chance; for each person putting up, money, in effect, bets that the card he has selected contains the numbers which will entitle him to the money of the others engaged in the game, and this bet is determined by the device exhibited. According to every correct idea of legal construction, this is gaming, and all players are guilty of gambling, and the person who sets up, keeps or exhibits this apparatus, contrivance or machine, is guilty of setting up, keeping, or exhibiting a gambling device, and is liable to the penalties of the statute.

The evidence, as is disclosed by the record, is positive and clear that the defendant did exhibit this gambling device as charged. Both law and evidence fully sustain the verdict.