Guessing Game by Emily Cox & Henry Rathvon

A game is being played with the ten unclued entries in the Down columns. The game is identified by the unclued three-word entry at 22 Across, and its outcome may be discovered by reading the topmost letters of the unclued vertical entries in order from left to right, column by column. A few of the unclued entries are a bit uncommon, so it may help to know that the unchecked letters in all eleven unclued entries could be PAID FOR. Clue answers include eleven proper terms.



ACROSS
1 Fine game involving a card, materially? (6) (two words)
5 In Latin, you read Italian (6)
8 Card is about to set back dummies (6)
9 Gray stuff mined on land (6)
10 Poet finished reciting (5)
12 Navy's after $1,000 so as to cover checks (7)
13 Swallow funnily when speaking (6)
15 In dungeon, you have to glance about (4)
16 Nothing at the head of English river (4)
18 Lesage novel scores below par (6)
20 A cozy room in an Arabian city (4)
21 Part of London trash leaches (7)
25 Strangle fish by mechanical method (7)
27 Departure, return times included in connection (4)
28 Pavement surrounding each marine research station (6)
30 Weapon carried by some peers (4)
31 Up on 8/13 of the alphabet (4)
32 Con artist's post office ruse failed (6)
34 Union ally, on being trounced, failing in allegiance (7)
35 At first, Lost in America evokes Peanuts character (5)
36 Intrinsically unbalanced rich man's name (6)
37 Law broken by sergeant, maybe, with birds (6)
38 In Southern church, place for resting spirits (6)
39 Evaluate jenny? (6)
D 0 W N
2 Notice nothing, in excitement (3)
3 Play set left among family belongings (8) (two words)
4 Limits of trombone's musical quality (4)
6 Score playing hearts (5)
7 Englishman who wrote music in earnest (4)
12 Serve drink in overturned tube (5)
14 Pet flipped over bagel snack (4)
17 One traffic model (5)
19 Misrepresent faith, for the most part (5)
23 Melodramatic love affair's beginning with external agent (5)
24 Gain a penetrating reputation (4)
26 Account about sweet wine (6)
29 Arm of the sea containing a freshwater fish (5)
33 Misdeeds popular in Sunday school (4)