The record-union., 1899-07-21


clear, and that if the court instructed
game, verdict Of guilty should be
given.
Attorney Johnson contended that the
prosecution had failed to show to
whom the machine belonged; who had
ever played it; who had won or lost
by playing it, or who conducted 1t. he
contended that the mere fact that
nickel-in- the-slot machine stood In
Buckman's saloon was no evidence that
Buckman was the banker of the
game; that he paid losses, or that he
took possession of winnings, if sucn
were made.
Mr.. Johnson said it was a fraud and
delusion when man would try TO
cover his tracks with nickel-in-the-
slot machine when banking games
were being run wide open all over the
city. The nickel-in- -the-slot machine,
he said, was held up as something
heinous, when in one place a faro
game was running, and in another 9TH
er games He contended that in play
ing slot machine, the player was
playing by himself, for his own amuse-
He said the police had no shadow OF
right to go into any place of business
and take private property. He con-
tended that they would have had as
much right to go into store and
seize playing cards; or into wheel
wrights shop and seize wheel of for
tune which had been built, either of
which would bes equally a banking
game with the slot machine which
stood against the wall.
Attorney johnson said the only thing
shown by the prosecution was that the
machine had simply been in Buck
mans saloon: that it had not been
shown that Buckman owned the ma
chine, and that it had been shown that
Buckman was out of the city when
the machine was seized.
City Attorney DeLigne, in closing,
contended that it was not necessary
to prove ownership of the machine
that the proof that it was open and
in condition for playing in Buchanan s
place Of business. He held that the
jury could draw no other inference
except that the nickel put into the ma
chine went to Buckman, and that the
losses, if any,, were paid by him.
Mr.. DeLigne said he thought the
court would instruct the jury that IL
the case of a slot machine a banker
was not necessary, but that Buckman,
in allowing the machine to run, be-
came it's banker. He said it was not
for the purpose of covering his foot
prints that he had brought the case
against the persons conducting the
slot machines. He said he had in
Stiucted the police officers to arrest
all parties conducting faro, keno and
other banking games, ami had done
al in his power to have such arrests
made. He said that nobody was watch
Ing the case. on trial with more closa-
ness than the faro and keno dealers,
ard i at if the case was !ost It would
he next to impossible to secure a con-
vicuioE in the future.
Instructions prepared by the defense
and given to the jury by Justice Ander
son, were as follows:
Il charge you that every intendment
of the law is in favor of innocence:
there are no presumptions that you
may indulge in against the defendant.
THAT before you can convict the de-
fendant Of the crime charged in the
complaint you must be convinced to a
moral certainty and beyond all reason
able doubt of his guilt. Unless you
are so convinced you must render a YER
dict of not guilty.
THAT the mere possession of a gam
bling device is not sufficient to author
iZe a conviction.
THAT if you find from the evidence
in this case that the machine in Ques-
tion was owned and possessed by the
defendant and stood in his place of
business, and that the same was not
played through any contrivance or
agency of the defendant. then you must
render a verdict of not guilty.
THAT unless guilty knowledge is
proven upon the part of the defendant,
that is. that at the time and place
charged in the complaint he knew
nickle- in the-slot machine was being
operated, it is your duty to render a
verdict of not guilty.
1.-The defendant is entitled to the inde-
pendent judgment of every juryman Sc
lected to try the case: if any one or
any number of you believe the defend
ant to be not guilty, it is your duty
to vote that way and to continue to
vote that way SO long as you so believe.
Mere numbers or numerical strength
should not sway you. 1t is your duty
to act conscientiously upon the evidence,
and if you conscientiously believe the
defendant is not guilty, it is your duty
to vote that way.
'If Buckman had nothing to do with
the machine in question and did not
pay all losses or take all gains; or if
these facts have not been proven be-
yond a reasonable doubt by the prose-
cution, you must render verdict of
not guilty"
Instructions prepared by the City At
torney and given the jury by the JUS
tice, were as follows:
1.-The Supreme Court of this State
has approved the following definition
of a banking game and 1 instruct you
that it is the law: a banking game is
a game conducted by one or more per-
sons where there is a fund against
which everybody has a right to bet
the bank being responsible for the pay
ment of all the funds, taking all that
is won, and paying out all that is lost
The fund which is provided for that
purpose is generally called the bank
and the person who conducts it the
banker people VS.. Carroll, so Cal.
1919
''It is not necessary, in order to con-
stitute a banking game, where all the
other elements constituting the game
are present, that banker or person con-
Quoting the game should be present and
take any hand in the operation of the
same If such game is played by means