Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-12
CASE
1T PASSES ANOTHER STAGE IN THE
HusrrxGs COURT.
JUDGE HIT RESERVES HIS DECISION
City Authorities Intent ON Pressing
the Matter--A Victim of the Nor
phine Habit-Decrees in Chanccry-
Suits and Judgments.

The suit OF the city OF Richmond
against r. Moreila. which has come to
be known as the "Slot Machine Case"
was argued before Judge Witt in the
Hastings Court yesterday afternoon on
a motion to quash. No decision was
rendered. but the matter was taken I'M
der advisement.
Hon. d. c. Richardson, Commonwealth
Attorney, appeared for the city, and the
defendant was represented by Messrs.
C. V. Meredith and IL. NJ. Smith. Jr.
1t will be remembered that Morela was
arrested some timo ago charged with
conducting a gambling device. known as
a slot machine. The prisoner dealt ex-
tensively in these machines, selling some
and leasing others, and the fascination
proved irresistible to very many, with
rather disappointing results, SO that COM
plants were numerous, and Chief How
ard started out to investigate. The case
WAS argued at great length In the Police
Court, when the same counsel appeared.
A fine was imposed and an appeal taken.
THE POINTS AT ISSUE.
Mr.. Richardson holds that the ma
chimes come under the lottery law, and
that the Constitution Of the State Of Vir-
ginia prohibits the Legislature licensing
them. He cited cases which had been
decided In the Supreme courts of Georgia
and Alabama, similar In every respect to
the Morella case, in which the slot ma
chine had been decided to be nothing
more than a lottery scheme. He quoted
the definitions OF a lottery made by
Houghton and of Bishop. two of the most
eminent authorities, in which they state
that lottery is any scheme by which
person may be induced to risk a sum of
money in the expectation Of securing a
larger sum in return. The word lottery"
Mr.. Richardson said, had come to be
Identified with the Louisiana and kindred
schemes, but the authorities were unani-
nous in placing the broader construction
upon the word.
THE DEFENDANTS CONTENTION.
Messrs. Meredith and Smith both took
the ground that the slot machine was a
device, but it could not rightly
be classed among the lotteries. AS a
gambling device it had been licensed by
the Legislature, as a means Of creating
revenue.
Mr. Richardson controverted this point |
that the Legislature merely
Tor the sale of merchandise.
Whatever the decision may be In this |
court. it is more than probable that the |
matter will not end here, and the Supreme |
Court will be asked TO render a final |
opinion.
The city authorities have all along de- |
clared that the "slot machine most CO." |
and they will press the matter to its ulti- |
nate conclusion.
VICTIM OF THE MORPHINE HABIT. |
w. /. Creepy, charged with breaking
INTO the store of Shore &c Co., and steal |
ng a number of articles, was given six
months in Jail and fined cent. Creery
was defended by Captain A. d. Guigon.
Il was brought out that the prisoner was
addicted TO the use of morphine, and his
counsel asked that justice be tempered
With mercy and that he be sent to jail |
for certain time in order that an at
tempt might be made TO cure him of the
habit. 80.
In tho Law and Equity Court DEGREES
n chancery were handed down. in the
cases: -'--r~
Louis N. Frischkorn VS.. Amelia Holds
worth, ct ais, appointing William Crump
Fucker guardian ad litem of the infant
defendants and James NJ. Matthews spe-
|
he property involved can be divided and
o make a proper construction Of the
will
l.. n. Frischkorn VS.. Frischkorn, Be-
aud, ct ais. A similar decree.
Mitteldorfer VS. Lawton's Administra-
or. A decree approving the acts of the
pecial commissioner and confirming the
ale OF certain property TO w. N. Smith.
The following judgments were entered:
The Implement Company against K. ID.
nd H. A. Travish, for $33l.M.
Mary t. Liesfeld, executrix, against
ohm II. Armbrecht, for $l17.25.
John 8. Bowles against Belle w. Cheat
lam. s4l.99.
IN THE CHANCERY COURT.
In the Chancery Court Miss Jamie Por-
erfeld qualified as Administrative of
larry E. Porterfield. The value of the
state is small.
The case Of McCarthy's Executors VS..
durphy and others was docketed by
onsent.
Resolutions In regard to the death Of
ir. James Peasants were presented to
he Court by Mr.. Jackson Guy.
A marriage license was issued by the
Jerk of the Hastings Court to Everett
I. Wilkinson and Anna w. McCaul.
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