Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-21
Sl0f-M ACHlNE TO 60.
JUSTICE CRUTCHFtELD SUSTAINED
IN TUE MoRELLA CASE.
THE DEVICE CHA. SEQ A, LOTTERY.
IL Cannot tie Operated Under the Law
Passed by the Last General As
ruled aud Appeal To lie Taken.

sembly-Motion for New Trial over !
/ ruled aud Appeal TO lie Taken.
The serni-hnsl stage in the slot-machine |
test case has been passed. and once again |
! the verdict has gone against the oe- |
PENDANT. An effort will now be made 10
| raise fund OF 81 900 among those parties |
most nearly interested in setting the YER
dict aside, in order to carry the matter
up 10 the court Of last resort-the Supreme
Court OF this State.
The trial occupied the whole OF yester-
/ day afternoon. some difficulty being ex-
perienced in getting a panel Of citizens
! who had never tempted the tickle goddess
by dropping nic&els into the elusive slot.
There was no argument after the tes-
| tmony had been submitted, but the jury
found no difficulty in arriving at a YER
dict, for the instructions Of Judge Witt
were very positive, and no other conclu-
sion could have been reached under them.
JUDGE WITS INSTRUCTIONS.
These instructions were as follows:
The Court instructs the jury that iot-
terry is any scheme whereby one, on pay
ing money or other valuable thing TO an
other, becomes entitled to receive from
him such return in value, or nothing, as
some formula of chance may determine
and IL the jury shall find from the eYl-
dence. beyond all reasonable doubt. that
the accused did at the time and place
mentioned in the warrant set up, pro-
mote, or that he was concerned in the
| management or drawing Of lottery as
defined by this instruction, they should
find him guilty.
The Court further instructs the jury
that although II may appear from the
! evidence that the accused had a license
| from the Commonwealth for a slot-ma-
chine such license was not intended TO
give and did not give to the accused the
| right 10 use such slot-machine for the
purpose Of conducting and carrying on J
lot,ery. as defined by the first instruction.
And, if the jury find from the evidence
beyond all reasonable doubt, that the
| accused did at the time and place mea-
toned in the warrant, use and employ
such slot-machine for the purpose oil
conducting and carrying on a lottery as
defined by the first instruction, they
should find him guilty.
SUSTAINS THE JUSTICE.
The verdict of the jury sustains Justice
Crutchheld's decision, imposing a fine OF
s. and sentencing the defendant,
I Morella, TO one days Imprisonment In
+ Jail.
Messrs. c. V. Meredith and II. NJ. Smith
: | IT.. counsel for the defendant TOOK ex-
4 ception TO the instructions, but were over
10 ruled. and when the verdict was rendered
| they moved 10 set il aside. as being con
y trary to law This motion was also over
ruled and they, thereupon, gave notlce
that they would take an appeal TO 'he
. Supreme Court, asking that the prisoner
60.
= order that they might do this. This was
J granted, and Mr. V. Donau went Oh 'Ne
! prisoners bond.
THE SLOT-MACHINE LAW.
The law which counsel contend makes
the operation of these slot-machlnes le'
gal was approved February Il, 1888 1t
is as follows:
. lie II enacted. by the General Assembly
of Virginia. That any person, hrm, or
corporation having on street aHey' OF
other place I'm any city, or on any puoIc
4 road IN any county, or in SHOPS, STORES
- ,otels boarding houses, depots, and pup
lie and private rooms. or any other place
anywhere in the State of Virginia, SLOT
machine of any description into Whch
are dropped pennies or nlckels OF COINS
Of other denominations TO dispose OF
cigars cigarettes chewing gum, or othet
. articles Of merchandise. or muslca"
q
I ON the nickel-in-the-siot principle USED
for gain. shall pay for every such slot
machine or musical, Weighing or other
.e,ices as the case may be, license tax
NJ g. 80 per year for the use and beneht
II The state. to be accounted for as are
? other license taxes
The courtroom was crowded during
the trial of the case and the audience
included many barkeepers ana otheTs
..1lf ma q
A CONSPICUOUS figure in the case was
the slot-machine which was taken by the
police from Morellas place OF business
The defendant was not on hand when
the case was called. ard the proceed
lngs were delayed until he was brought
into the courtroom.
JUDGE WITS DECISION
Judge witt announced that he had de-
cided 10 override the motion OF Mr.. Mere
ian TO quash the indictment against
Norello as he believed the proper course
% uursue was TO let the case so TO
4 rlrv. and raise the points Of law IN the
instructions. When the jury was called
rpdge witt explained the nature Of the
csee and four Of the panel asked TO be
.vcusad OF the remaining eight three
y,ere found TO be ineligible, and the ser
reant was sent 10 summon others 10 III
the vacant placer. II was AFTER o cioCf
II when the OIIlCef ItAui HN"f et''" ii'''-''' 49,
n urv yas made up as follows: Messrs
l. a Waddin W G.. Wilkinson, A.
Williams. NJ. A. Allen, Henry Austin, w
( Gunn. Adclph Hartung, David Mitlel
lorrer g. Lewis. r. II. Spence, Is. A
Gavle and George i. Sydnor
Commonwealth s-Attorney Richardso
expIained the case 10 the jury, settn
forth that il was appealed from the 20
loo Court. and was prosecuted under IN
statute prohibiting lotteries.
MIR II. NJ. Smith, of counsel for Morella
thou addressed the jury, explaining ina
tbe case was test one and was 10
~ rouch intended to punish the prisone
as IN establish the legality of nickei-in
tbe-slot machines He read the act passe
Nv the last Legislature licensing certai
machines. and claimed that the macmn
I'm question came within its purVew.
Mr. Richardson, in reply stated ina
IN the case was not merely test. but wa
designed 10 break up an evil ana punis
81 the offender
DRIFT OF THE TESTIMONY.
Sergeant John 7. Hall testified to IN
= arrest of the prisoner. He said tina
Z many nickels were put into the machine
but the returns were few and far bt
e tween.
City-sergeant Epps gave some aceour
J. of The workings of the machine an