The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-08-30

Judge Aaron S. Swartz, Of Norris
town, who conducted the trial at
which II. c. Pease was convicted of
aiding and abetting the setting up OF
slot machines, transmitted an opinion
to Clerk Daniels yesterday, in which
he refuses the petition for a new trial,
but suspends sentence on the defend
ant paying costs and promising not to
do IT again.
Pease was tried at the April term of
quarter sessions on seven different
charges of aiding and abetting the
operation of gambling devices.
He would have escaped scott free,
owing to the weakness of the prosecu-
tion, had not an unwilling witness,
William Curtis, unwittingly supplied a
bare thread on which to hang the COM
monwealth's case. Curtis admitted
that he bought three machines from
Pease, and that from their intimate
acquaintanceship Pease must have
known his purpose in purchasing them.
The defense did not try to impeach
Curtis testimony, but relied upon its
ability to show that the evidence was
not conclusive enough to warrant a
conviction. Court. however. held that
1t was for the jury to judge whether
or not Pease knew that Curtis would
use the machines for gambling pur-
poses, and a conviction was the re-
suit.
The defense at once moved for a stay
of judgment and a new trial. The stay
and a rule for a new trial were granted
and arguments We're heard in May,
Judge Swartz coming here specially to
hear them.
The defense contended that the only
evidence was that Pease sold three
machines to Curtis and that these ma
chimes were set up by the latter in the
Trust, Fish and Dewey hotels. There
was nothing to show that these ma
chimes were ever used for gambling, It
was claimed, and the commonwealth,
it is further alleged, failed to show
that these hotels are in Lackawanna
county.
In reviewing the case Judge Swart2
says. among other things:
Pease sold the machines to Curtis, whom we
knew was maintaining them for gambling pur'
poses.
The slot machine has no legitimate place in
the commonwealth, and the defendant knew Cur
as he used those already in his ownership. The
Jury found these facts and we see no good reason
for disturbing the findings.
Under the statute the misdemeanor is complete
where any person shall cause to ne set up in
any room an instrument at which money may OF
shall be played for.
All who aid or assist in the commission Of a
misdCmcanor are principals The defendant aided
Curtis. lie knew that the latter intended tc
commit a particular oifense-setting up a gam
bling device in a room at which money shall be
played for He also knew that Curtis needed a
slot machine to carry out his purpose. The de
fendant aided in the crime by knowingly fur
nshing the means to execute it.
As slot machines, under the evidence, have
no legitimate use in the commonwealth, he who
sells and furnishes them to another, knowing al
| the time that the purchaser will set up the de
vice In violation Of penal statute Of the state
| cannot Justly complain when he is held to answer
| for the crime to which he knowingly contributed
| the means Of execution.
He then calls attention to the fact
| that Curtis was a very unwilling wit
ness for the commonwealth, and says
II the witness had realized the Importance O.
| his evidence to the three machines purchased
from the defendant it is at least doubtful whether
| his memory would have recalled the places wher,
| he established them.
The defendant is ordered to appear at such
| time as the court may direct, so that the cast
may be disposed of according to the above sug
| gestions, should he submit thereto otherwise t.
be sentenced according to law
Joseph O'Brien and John +. Scrags
were attorneys for Pease. The com
monwealth was represented by C. H
Soper.