JUNE, 1936 EDITORIAL THE, BRIDGE W'ORLD Common Sense Triumphs \:or.uue 7 Nuuarn 9 Er-v Cur,nBRTsoN DRIDGE players all over the country- share publication's satisfac- Editor l) will this tion at the complete exoneration of Con- År-nBnr H. Monrupao tract Bridge from a charge of being a game Managing Editor of chance. For it is quite clear that the two teachers, whose arrest and trial were JosruurNr Cur,nrx.rsoN, Rrcxeno L, Fnnr, reported in the May and in this issue, were År-ra.Bo P. SnrrNwor;o, Associatc Editorc; really only innocent bystanders rather Waltrn Mar,owaN, Forcign Editor; Serurusr, Fnr, Probkm Editor. than principals. The true defendant was Jn., Contract Bridge. The raid was an incident in a campaign CONTENTS against organized gambling. Yet Bridge NE\TS has done more than any other single agency Barocr VrNorcarED 5 to curb the spread of gambling. Thou- L. S. B. A. SuMlren TounNrurNt t2 sands who once played games of chance .\ \lev ro Wrr Frvr Dor-r,ans L) L . S. B. Å. Pr,eNs Bro Yaar, b1 George W. Beynon 38 for thrills and relaxation, to the great satis- \\'srsr LBaouB TounNaltnr.rr 48 faction of professional gamblers, turned to Contract Bridge because it offered both FEATURES attractions with none of the vicious fea- H-{Irr Nrcnrs, b1 Dorothl Rice Sint 7 tures of the games which once the.v S.lFErY ALwÅYs, b1 E A. Knigl:t 9 enjoyed. Cr-rnrrvrxo Foun Norxuup, fu Affred P. Sheinuold 1l Os Grrno, b1 Frunh K. Perkins 15 As one of the Whist family of games, PnrruoB rrro Sr,er'r, b1 Lee Margot Goode 7t Contract Bridge inherited prestige and so- P-rn CoNrn,rcr, fu F, Dudfu Coartcnø1 25 SrepprNc SroNrs ro Sr:.r-t, b1 Tarner Hodges lo cial recognition. From the first, it was Tae Laws or Fonce, fu Wøber F. Wlnøn 31 played by ladies, by men in public life, and by professional men. And churches, which DEPARTMENTS frowned on other card games, endorsed \rrv Boors oN Bnr»cs 19 Bridge as a wholesome pastime and or- l-ops .rro Botrous. fu Dick Frel 35 pur- SErv Tnrcxs ron Oro Truens, åy Albert H. Morehead 39 ganized Bridge parties for charitable P«o Br CoNrna, edited bjt Josephine Calbettton 42 poses. \I{srER Cr,un, d,irected b1 Sanuel Fr1, 13 SoLvERs' Jr. It is no wonder that the prosecuting at- torney could not find a single witness to Contributing Editors: Levis R. Ayres, Russell J. take the stand against the game; that he Baldwin, Walter Beinecke, George V. Beynon, had to call upon the witnesses for the de- Grace Buschmann, Robert Dwyer, Newman Lee More- Fitzhønry, Frances Young Flintom, Lelia Hattersley, fense, Ely Culbertson and Albert H. Hv Lavinthal, Theodore A. Lightner, A. Moyse, Jr., head. And his frank admission that he R. R. Richards, Sydney Rusinow, Harold Sax, John personally did not consider Bridge a game Charles Shioo, Tom Stoddard, Charlton Wallace, to his own (. Lombard V/iiliams, Edward C. \(olfe, \flaltør F. of chunce is as much a tribute \(yman. good sense as to the unique position en- Published Eouthly by The Bridge Wodd, Inc., Easton, joyed by the game. Penua. Editorial ånd- General Ofrces, 30 Rockefeller Plaza. New York, N. Y. Yearly subscription, $3.00 iu The transcript of the proceedings, in the rhe U;ited States; $3.50 elsewhere. Single copy, 35 cents. furnishes f, Eotered as second class Eatter NoveEber 9, 1929, at the news article beginning on page 5, Post Office at Easton, PenEa., under Act of Congress of \larch 3, 1879. Copyright '1936 by The Bridge World. entertaining reading. But, more than loc. Repriutiug of cotrtents in any form without perEis- which can be sioo is prohibited. that, it supplies a decision cited as a precedent in the unlikely event -q,dvertising rates may be had upou application to the -{.dvertising Manager. Manuscripts and art material will that in some other part of the countrv a be carefully colsidered, but The Bridge Wortd, Ioc', will oot be responsible {or aoy loss or injury thereto. similar incident occurs.

i I Jbe BRIDGE WORLD

BRIDGE VINDICATE,D Judges Pronounce It Game of Skill

Contract Bridge was pro- Direct Examination by Mr. Spalter: [IUPLICATE a. What is your name, precinct and shield nunr- .LI nounced a game of skill on May 25 in ber, officer? A. Dennis Clare, Shield No. 12021, the Court of Special Sessions, New York, attached to the Police Commissioner's Office. and the defendants, Miss Mildred Lovejoy Q. On April 28, 7936, at about the hour of 3:45 n.nr., did you go to premises 853 Seventh Avenuel and N{rs. Adelaide Neuwirth, were ac- A. I did. quitted. A feature of the trial was the Q. And when you entered the premises, did you see a number of people congregated in the premiiesi testimony of Ely Culbertson and Albert A. I did. H. I'Iorehead, called to establish the status a. More specifically, were there twenty people oi the game. seated around five tablesl A. That is correct. Q. And these people were holding cards in their The defendants had been arrested on hands at the time you enteredl A. That is correct, -\pril28while conducting a Duplicate game, Q. Then you had a conversation with some of the people who were seated at these tables? A. I did. on a charge of "operating a gambling- Q. And as a result ofyour conversation with these house." Spurred on by the indignation people, did you then have a conversation with one of the defendants, Mildred Lovejoyl A. With both of millions of Bridge players, Tne Bnrocp defendants. \\-onr.o directed Messrs. Berko, Korshin, Q. Well, I am referring to Mildred Lovejoy. A. tperko to assist Lawrence Axman, I did. ^n6 Q. Now, will you please relate to the Court the attorney for the defendants. conversation you had with Miss Loyeioy. .{. Miss A condensed transcript ofthe proceedings Lovejoi- appioached me, she said, "'iVhat is the troublel"; I said, "I am a police officer; we came follows, in which has been italicized the here on a complaint." I said, "What are you con- admission of the prosecuting attorney, ducting here?"; She said, "This here is a bridge Spalter, he could find no proof club."; I said, "What is your namei"; She said, \Ir. that "My name is Miidred Lovejoy."; I said, "Are you that Duplicate is a gambling game: conducting this?"; She said, "Yes, not aione; Miss Neuwirth is my partner." N{r. Axman: May it please the Court, Mr. Kor- Q. At that tirne was \Iiss Neuwirth alongside of shin of Berko, Korshin and Berko, appears here for Miss Lovejoyl A. She was. the United States Bridge Association, Culbertson Q. Now, continue, please. A. I asked Miss \ational Studios, Bridge World, Inc., Kem Play- Lovejoy, I said, "Each one of these persons partici- ing Cards, Inc., Bridge World Accessories, Inter- pating in the game, does it cost them anything to national Conract Bridge Union and the World participatel"; She said, "We strictly have only Bridge Olympic-and would like to submit a brief bridge games here."; I said, "What is this game æ amicus curiae in this case. calledi"; She said, "This is called Duplicate Con- Justice Hackenburg: If we need a brief, we would tract Bridge."; I said, "Anybody that can play l be very glad to have it. He can submit a brief as a Bridge is allowed to participatei"; She said, "Yås,"; but he is not going to conduct any I said, "In other words, it is open to the publicl"; :X:å1r"jri§.a.urt, She said, "Yes." I said, "Tell me, what does it cost these people here participate."; "Well (she [- \Ir. Axman: No. to said) this afternoon here (she said) we have about five Justice Hackenburg: To that extent, as amicus tables going; we expected to have more; and (she ;:,riaerhe may appear herein, and for no other reason, said) there are twenty persons participating; each one Dennis Clare, Police Officer, Shield Number 12021, of the persons paid one dollar tL participatE."; I said. rttached to the Police Commissioner's Office, Com- "Well, then what happens?"; She said, "Weli, half of piainant, called as a witness on behalf of the People, that, which would be a totel of rwenty, half oi that is berng duly sworn, testifies as follows: put up for a prize."; I said, "What is-done with the 6 Jbe BRIDGE WORLD other halfi"; She said, "The other halfgoes to I and Justice Hackenburg: That is for the expert to do -Viss Neuwiith." I said to Miss Neuwirth, "ls that it. You are trying the case. We don't desire any- right, Miss Neuwirth, what Miss Lovejoy saidl"; thing, and as I understand the law, you will have to SIie said, "Yes, when the prize money is taken out, we show- solit the rest between us. what is left over." I then N{r. Spalter: (Interposing) The charge in this case såid to Miss Lovejoy and Miss Neuwirth, both of them is 973, maintaining a room for gambling. present. I said, "Everybody that is participating in Justice Kernochan: Therefore, you have got to ihis g"å. has å chance of winning that ten dollars?"; show that gambling was going on. Thus far you have Thev both stated "Yes." Then I questioned several not shown it. oftlie players at the tables and they told me that they Mr. Spalter: For the sake of the record, ma1 I sa1 paid one dollar to participate. thtt the prosecutor in this case is put in a oery embarrats- a. And you then placed both of the defendants ing siluation, because personalll hefeels that the game oJ under arrestl A. That is correct. Duplicate Cofitract Bridge is nlt o gambling game, I O. Do you, officer, know how to play the game of haoe, eiter since this case came into the Court, made in- Contract [)rpli.ut. i3ridge or Duplicate Contract quirlt as to whether or not I cauld obtain a witness (and I Bridsel A. I do not. haae spoken la a number of people) who would come in Mi. Spalter: That is all. and testiJl on behalJ oJ the People, and I have been un- Mr. Axman: Will you produce that board which able to do so. I- However, if the Court feels that it must have some Mr. Spalter: (Interrupting) Excuse me for a mo- testimony as to what the game is and how the game is played, ment. I will call Mr. Culbertson. May I at this time offer in evidence as People's (To Mr. Axman.) I will take the liberty of calling your wrtnesS. Exhibit 1, one of the cards furnished by the defendant f,oveiov. Mr. Culbertson, please. The'Court: lt will be received. (1'he card re- Ely Culbertson, called as a witness on behalf of rhe ferred to was admitted in evidence and marked People, being duly sworn, testifies as follows: Examination bjt Spalter: People's Exhibit 1, of this date.) Direct Mr. What is your Ely Culbertson. that time, oftcer, did you take from o-ne-of Q. namel A. Q. At Where do you New York this board as it now appears? A. I did. Q. livel A. City. 14 the tables East 62d Street. twenty-seven of them altogether. There I took .qe Mr. Spalter: Now, that the tables are reversed, twentv-six the property clerk's bureau at Police in counsel, I will have to ask you to concede the quali- Headquarters and one whiih I have here. fications of the witness as a Bridge expert, boards on the various tables O. You found these Mr. Axman: I do so concede, is tÅat correct A. Some of them; that is correct' i Justice Hackenburg: Establish him as an expert, O. And do vou know whether or not the cards that if he is an expert, for the Court. I don't know. I are-Dlaced in this board are used in the game of Du- have got to pass as a juror on that, I never heard olcåte Contract Bridsel A. I seen Miss Neuwirth anything about it, They can't concede an expert on iakine several of theni from tables and going to other me. I am entitled to have the expert qualified, if I tables-(she had a stack in her hand) and placing them am to sit as a Court. I want to have him qualified. were using in the game con- oh the other tables they Justice Kernochan: Well, if you want a lesson for ducted bv both defendants. nothing, you are entitled to it. Mr. Spalter: I offer it in evidence as People's Ex- a. ]\Ir. Culbertson, not to be personal, how old hibit 2. are youl A. I am 43 years old. (The The Court: It will be received. board re- Q. And have you played the game of Bridge ? A. ferred to was admitted in evidence and marked I have. some. Pcople's Exhibit 2, of this date.) Q. Have you played the game of Contract Bridge ? Mr. Spalter: Ånd I offer in evidence as People's A. I have. Exhibit 3 a sheet of paper which purports to be a Q. And have you played the game of Duplicate tallv sheet. Is that correct. Officer C1are l Contract Bridge? A, I have, The Witness: That is supposed to be the score of Q. How long have you been playing cards, par- the various games. ticularly the game of Bridge in its various formsi A. The Courl: It is received. (The paper referred to At least in the last thirty years. was admitted in evidence and marked People's Ex- Q. And during that period of time have you writ- hibit 3, of this date.) tenanybooksonthesubject? A. Alas,toomany. Mr. Spalterr That is all. Q. How many, would you sayl A, Well, I have Cross-Examination b1 Mr. tlxrnan: are more than 1,600,000 copies of the books {1. There were twenty-seven such boards as you -therewhich were sold. have marked in evidence which you took away at that a. But how many different books have you writ- time, is that correct? A. A total oftwenty-seven, ten on the subjectof Bridge? A. If you mean bona Q. And they were distributed around at the vari- fide books; I have written sixbonafide books. ous tables? A. They were at various tables. They a. Ånd have you played in Bridge tournamentsi were, A. I have. \ Mr. Axman: That is all. Q. And have you also played with some of the so- called masters of the Bridge world? A. I have. Mr. Spalter: At this time the People are ready to Do you maintain your own studio where close the case against the defendants, with this one Q. Bridge is played I A. I maintain what is called The exception, or proviso, I should say. If the Court at Culbertson National Studios. It is an association of this time desires some testimony in the record to more than 4000 teachers who teach to an average show what the game of Contract Duplicate Bridge of consisted o( I shall find it necessary to do it. (Continucd, qn page 47) JUNE, 1936 47 Baroon VrNorcatno Justice Kernochan: There js an element of chance in the ordinarv Rubber Bridge, of course I (Continucd, from page 6) Mr. Culbertson, Of coriså, your Honor, thete is an element of chance in the ordinary Rubber Bridge. from half a million to one million pupils a year. Kernochan: And the Duplicate eliminates you Justice J ustice Hackenburg: At this time, if make the practically all of the chance, does it notl concession, I will be satisfied that you are conceding NIr. Culbertson: Practically all of the chance but a something that I can accepr. little bit less than an infinitesimal part, relatively Mr. Axman: I concede. speaking. Hackenburg: All right, the gentleman is Justice else, qualified as an him questions. Justice Hackenburg: Anything N{r. District ^ expert. Ask a. Mr. Culbertson, you heard'Officer Clare testify Attorney I that when he entered the premises occupied by the Mr. Spalter: Mr. Morehead-also a bridge au- Lovejoy Studios at 853 Seventh Avenue, he was in- thority. So that there will be no misunderstanding, formed by Miss Lovejoy that a Duplicate-Contract- I call these witnesses voluntarily as part of the prose- so should be prosecu- Bridge tournament was in session. Do 1'ou know cution, that it not said that the how that game is playedi Å. Yes. tion at any time was lax in the presentation of the Q. Will you please describe to the Court how the facts in thå game of Bridge. game of Duplicate Contract Bridge is played. A. Justice Kernochan: What is the use of wasting The game of Duplicate Contract Bridge is a form or a time I We have got Mr. Culbertson here who decided variery of the ordinary game called Contract Bridge. one point, as to whether the game of Bridge was a The principal difference between Duplicate Contract game of skill or chance, and the defense acknowledges Bridge and Contract Bridge or Rubber Bridge con- his qualifications. What is the good of wasting time sists in the fact that when the hands are dealt, in- upon four or five othersl stead ofleaving the dealing of the hands to a question Mr. Spalter: It is not to waste the tim.e of the Court, of chance, after the first deal of a hand, each of the but merellt ta show that where I haoe attem?ted to obtain four players receiving 13 cards, the hand is played, witnesses to the co/,lrar),I can only obtain those experts bid and pla.ved, and then the same cards are put and in the game of Bridge ".oho will testi/1 in the samefashion. replaced into a special board, called the Duplicate Thar ii the on§ thing I haoe in nind. board. Justice Kernochan: Don't let's sit here all after- Justice Hackenburg: Is that the board that you noon and accomplish nothing. have in your hand, People's Exhibit 2l Justice Hackenburg: Do you rilant to cail another Mr. Culbertson: Yes.-That sir. witness or do you want to rest? Justice Hackenburg: is one of the standard Mr. Spalter: I wish to say the witness I am now boards that are used. calling, Mr. Morehead, is also recognized as an expert. Mr. Culbertson: That is the standard board. Justice Hackenburg: You called him and you told For instance, the positions are South, North, East, and us of his being here. Ask the questions. West. Assume for the purpose of illustration that I Albert H. Morehead, called as a witness on behait am North, I have received the following hand, 13 of the People, being duly sworn, testifies as follows: cards. My partner, his hand. We then bid and Direct Examination b1 Mn Spalter: play. Then my hand is replaced into a special pocket Q. What is your namel A. Albert H. More- called "North." The same board is carried over from head. table to table and a sequence of play is arranged in a. Where do you livel A. i2 East 86th Street. such a manner that all the participating players have a. Mr. Morehead, have you played the game of the same opportunities to play the identical hand, thus Duplicate Contract Bridgel A. I have. eliminating the chance of the deal. That is the prin- a. For how long? A. For eight years. I beg cipal object of the Duplicate game. your pardon, I would like to correct that, if I may. Justice Hackenburg: So, from your experience For ten years. with the game, and from the vast knowledge of the Q. Have you taught the game of Bridgel A. I literature that you wrote about it, and your contacts have, with it, and the explanation you gave us here, is the a. -{nd have you played in cournaments involving Duplicate Bridge game a game of skill or is it a game the game of Contract Bridgel A. I have. of chance ? Q. From your experience in the time vou have Mr. Culbertson: It is a game, predominantly, and spent at the game ofBridge, can you say to this Courr very predominantly, a game of skill, your Honor, with any degree of certainty whether or not Duplicate a. Let me go a bit further, Mr. Culbertson. Does Contract Bridge is a game of skill or a game of it appear as a result of such tournament play that cer- chance? A. I can. tain players will invariably obtain a higher score, a Q. What is it? A. It is a game of skill. total score, from the same cards, as distinguished from a. There is no question about thet in ;'our nrind, other players using those very same cards? A. De- is therel A, None. There may be an element of cidedly så. This"has been the experience of the last chance. There may be the fact that one's opponents sixty years of the history of Duplicate, that it is prac- are not feeling well. tically impossible for an inferior player to win in a Justice Hackenburg: But it is predominantly a certain Duplicate match, provided that the number of game of ski1l? boards is of sufficient quantity. Mr. Morehead: Yery predominantly. Q. That would be over a long run of cards? Not Cross-Examination by Mr. rlxrnan: jusione specific hand? A. Not one specific hand. Q. Have you ever conducted tournaments for bver a faiily long run of cards. Miss Lovejoyl A. I have. Q. Would you say that there is an element of Mr. Axman: That is all. chance in the same of Bridge ? A. There is a limited Mr. Spalter: People rest. amount of chance in Bridge, as in life. The Court: The defendants are acquitted.