The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-04
THE SLOT
MACHINE
ESCAPES.
Criminal Conrt Grand Jury Took NO
Action Relative to This Much
Discussed Device.
JUDGE HuGUS JURY CHARGE
Rsferred to Recent Publications, but
without Testimony the jury
Couldn't Act.

ine with Judge T. j. Hngus on the
bench, The following grand jury was
empanneiied: John Frew, foreman;
Martin Thornton, John E. sehellhaSe
George Carl, Horny Wolf, Henry Ket-
tier. Henry Rosenberg, Albert Beltz. g.
o. Smith, w. P. Baggs, Daniel MAXWELL
j. r. Murray, Brice supler, J. w, Ex-
ley, Charles Hfilmyer and Henry Bron-
strop.
In his charge to the grand jury, Judge
Hugus spoke as follows in reference to
the slot machine agitation:
..The newspapers Of the city Of
wheeling have recently contained sun
dry articles relating to the presence in
the saloons Of the city Of species Of
gambling device technically called slot
machines. These publications require
some notice and discussion in the
charge Of the court on this occasion. II
he slot machine is an unlawful gamb-
ling device It is SO because condemned
by Sec. 1 Of Chapter lsi OF the Cooe'
That section reads;
"A person who shall keep or sx-
blblt a gaming table, commonly called
a 3. G. or .. o. table or faro bank. or
keno table, or table OF like kind, under
any denomination. whether the game or
table be played with cards or dice or
otherwise, or shall be a partner, or con-
cerned In interest In the keeping or
exhibiting Of such table or bank. shall
be confined In jail not less than two
nor more than twelve months, and be
fined not less than one hundred nor
more than one thousand dollars.
"To come under this section then the
slot machine must be a table or bank
or gambling game like In character to
the A. B. C., E. o. table for faro bank,
or keno table, denounced in the stat
ute. This statute ls thus restricted In
its application, and as It reads now 1t
prohibits only games like in character
to the games 1t names, and whether or
not II covers and prohibits slot ma
chimes depends on the fact whether the
slot machine is a game Of like Kind
with keno, or any one Of the others
named.
1T has been decided in Virginia, in
constituting this statute, that all games
are Of like kind with those named,
when all other things being equal, the
chances OF the game are UNEQUAL and
In favorof the keeper or exhibitor OF the
game.
should you enter on this investlga-
ton. and reach the conclusion that the
slot machine is game of the kind
condemned by the statute. and that It
is being kept and exhibited In this
county. It IL your duty II you reach
| such a. conclusion, to fndict all persons
keeping and exhibiting slot machines
outside the city Of Wheeling In the
county Of Ohio. Ordinances and taell-
tes in the towns Of the county other
than Wheeling are probably wholly In
SUFFICIENT to suppress this form Of vice
and punish the offenders. The ordi-
nances OF the city OF Wheeling do
embrace this alleged oftense. But the
fact that they do, and the further fact
that the city can deal sufficiently with
thIs offense does not deprive you Of jur-
isdlctlon over It.
"And II you take this jurisdiction,
and the court finds after the investlga-
tlon of a trial that you rightly assumed
jurisdiction It will be the duty OF the
court to see that the severe penalty the
law imposes is Indicted,
ITO a former grand Jury Of this court
said would not sit here imposing
nominal fines, wholly insufficient to re-
form the Offenders, and deter others
from the commission Of like offenses.
That II grand juries indicted and con-
victions ensue. the punishment would
be such as the law regards as sub
stantIal. and sufficient TO effect as far
as possible that reform and punishment
the sanctions OF the law contemplate
or are provided to effect.
II can conceive no policy more per-
nIcIous to the good of society than the
policy that strives merely TO regulate
rather than suppress and reform the
common law nulsances comprehended
under the term dIsorderly houses. 1t
may not be possible to suppress these
vices altogether but with proper and
perslstent effort they can be dlmln-
ished in number and eftrontery, and
compelled to act and exist. II at all. in
stealth and retirement, rather than
flauntIngly and obtrusively, In the
very heart OF the city, and on It's great
thoroughfares."
The grand jury reported the follow
ing true bills:
Bert McConnauEhy, felony, burglary
of the residence Of Robert Clark, two
counts.
Edward Booker and Alfred MCGEE,
felony. grand larceny.
Benjamin Frazier. alias Sam Tracy,
felony, burglary.
Joseph Drlller, felony, murder of
Louis DIttmore.
Robert Richardson, felony. obtaining
money under false pretense.
Milton Parker, misdemeanor, COM
Quoting house Of III fame; two counts.
Maud Smith. mIsdemeanor. conduct
ing house OF III fame; two counts,
In the cases against Charles Stone
and George Flowers, not true bills were
reported.
In the matter Of slot machines. 1t was
rather expected that the Church FEEDER
alton people would bring evidence be-
fore the grand jury on which to secure
indictments. but nothing Of the kind
occurred 1t is also said the grand
jury took the view that II Is for the
city to handle the slot machines, II they
are violation of the ordinance specl-
iically covering such devices,
The Best Prescription for Chills