Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-04
JUDGE HUGUS' CHARGE
To the Criminal Court Grand Jury
Pertaining to Slot Machines.

Following is the full text of the charge
of Judge T. ]. Hugus, to the Criminal
Court grand jury, on the subject of slot
machines:
THE newspapers of the city Of Wheel
ing have recently contained Sundry articles
relating to the presence in the saloons of
the city of a species of gambling device
technically called slot machines. These
publications require some notice and dis
cussion in the charge Of the count on this
occasion. If the slot machine is an unlaw-
full gambling device it is so because con-
demned by Sec. of Ch. Isl Of the Code.
That section reads:
"A person who shall keep or exhibit a
gaming table, commonly called A B. O.
or E. o. table or faro bank, or keno table,
or table of like kind under any denomina-
ton, whether the game or table be played
with cards or dice or otherwise or shall
he mariner. or concerned in interest. in
the keeping or exhibiting of such table or
hank. shall be confined in jail not less
than two nor more than twelve months.
and he fined not less than one hundred nor
more than one thousand dollars
"To come under this section then the
slot machine must be table or bank or
gambling game in like character to the "a.
B. c., f. o. table or faro bank, or keno
table" denounced in the statute. This
statute is thus restricted in its application.
and as il reads now it prohibits only games
like in character to the games il names:
and whether or not it covers and prohibits
slot machines depends on the fact whether
the slot machine game is game of like
kind with keno or any Oh the others
named
TT has been decided in Virginia in con-
struinp this statute. that ali games are if
like kind with those named, when, all
other things being equal, the chances Of
the game are unequal ana III l"Nof OF the
keeper or exhibitor OF the sai'e'
Should you enter on TINS ntVesugation.
and reach the conclusion thal Tue Slot ma
chine is a game of the ina eohuemned by
the statute, and that t IS ee-hs Kept and
exhibited this county, it is your duty to
indict all such keepers and exhibitors. Es-
peciallv is it your duty If you reach such
q conclusion TO indfct all persons keeping
and exhibiting s.ot machines outside the
city of Wheeling, in the county OF Ohio
Ordinances and facilities IN ."e 'oWns of
the county other than Wneeiii.s are prob
ably wholly insufficient TO suppress this
form of vice and punish the on me-, The
ordinances of the city OF Whss..--e 10 en-
brace this alleged offense Bul Inc fact
that they do. and the further last mat the
city can deal efficiently with .n-s onense
does not deprive you of jurisuie.,a:sI- oFef it.
"And if you do take this ]urisr-atiop' ard
the court finds after the inVes''sato. OF a
trial that YOU rightly assumed jurisdiction
it will be the duty of the court ~ Sc mat
the severe penalty the law inipOseS IS in
fiicted Ia.
"To former grand jury OF ~ court,
I said would not sit here inpos.ns nom
inal fines. wholly insufficient 70 is ~ the
offender and deter others from ii con-
mission of like offenses. ina sfand
juries indicted and convictions ,{nSaed.
J ! ] !
the punishment would be sucn - ~ =
regards as substantial, and
effect as far as possible th
punishment the sanctions OF
template or are provided to
q can conceive Of no policy
cious to the good Of society !