State v. Fearson

Mason, J., delivered the opinion of the court. The indictment in this case alleges, that the defendant, John Fearson, “on the sabbath day, he being a licensed tavern-keeper, did suffer divers persons, to wit: Joseph B. Harbin, Thomas C. War'd and Henry B. Shannon to play at a game with cards, and bet upon games of hazzard upon cards, and win and loose money upon the same in the tavern of him the said John Fearson,” See. To this indictment the defendant demurred, and the circuit court sustained the demurrer, whereüpon the plaintiff appealed to this court. The effect of the demurrer was to admit the facts as stated in the indictment, and we are now called upon to decide whether such a state of facts constitutes an offence under our laws.

After an attentive examination of our acts of Assembly we find, that the only one which could embrace the present case is the act of 1723, ch. 16; sec. 11. That section provides, “that no house-keeper shall sell any strong liquer on Sunday, or suffer any drunkenness, gaming or unlawful sports or recreations in his or her house.” • A tavern-keeper is clearly a house-keeper in contemplation of the act of Assembly, and the only remaining inquiry is, does the present alleged offence- come within any of those enumerated in the law?’ If so it