The daily journal. (Salem, Or.) 1899-1903, 1901-04-18

All Elements Of Chance are
Removed
Nickel Pays Tor SEEING the
Cards Go Around.
Added Pleasure t0 the Fiend
Who Plays the Game
Case Was Not Really a Test
Of the ProebStel Law.

ststei isu. The case aas a brief one
A j1ry =as Impsn. iIsi ard the trial
5ezun 81 2.85 g'ciock. Abs ile ease
Eas submittsd % the iary rh.cl sas 0ut
0a'y 10 minute Tie fret ballot resu {
81 three for acluittai AID tuo for con.
yictioo but an agreement on the die.
charge q the defendant uss soon
Fescbsi
The prosecution uas conducted by
District Attorney J. y Hart. and De
1iies John n. snd G. /. MeNary. v n.
Hoimes appeared for the defendant.
The jury consisted oi John Patterson
7. y. Wait, Joe Osbnrn, Walter Lennon
and John savage Jr.
Gaze Tor state vas briefly stated by
Chas McNssy. Who alleged that the Law
hai been violated a. ~o1ld be proven
b. testimony adductd by ne witnesses
lie aid the state dd not inteod .
technical evasion Of the the law shOuld
80 nnchallengsd. Holmes Tor the Dc.
Tense claimed that all elements u chance
having been abandoned 10 the operation
u the machine, il was no further q
gambling device and was being operated
purely for purposes Of amusement 30
inducement 10 gamble was offered by
the proprietor Ia the operation Of the
machine, neither was there any iascina.
ton about IA. Under these conditions,
he contended, the lav had not been
violated.
Sheriff Durbin was the frat witness
called. lie testified that be siezed the
machine and arrested Nichols. Before
doing -, be placei a nickel In the slot,
pressed the bar and received cigar,
alter having deposited the nickle.
lie did not know theI value
OF the cards or their 20
siiiOn after playing the machine. On
cross examination, he admitted having
read the notice upon the machine which
stated that 3 cent cigar would b.
given Tor every cent piece deposited
In the machine. he understood he
would receive cigar Tor his nickel
and had no assurance that be sould
receive anything else.
Harry Helmke, Who was present
when Nichols. was placed under arrest
testified 10 having seen sheriff Durbir
place nickel la the slot. 30 cross
examination.
Homer smith admitted.thati Tor amu-c,
nent he had played a nickel into the
machine, for which he received cigar
an retorn. lie described the machine
that bad bceen siezed A. the same model
and operated In the same manner a.
the machine in operation before th,
law vent into effect Cross examina.
ton revealed that witness had the AZ
surance that be- would receive only d
cent cigar iof the nickel expended
Frank Starr offered similar testimon,
aud Vas not ro-s-examiued.
state rested ice case aud defense callc,
the deiendan, himself, the only witness
they oisfed Mf Nichols admitted hay
ing a card slot machine in operation Al
hts place OF business aud explained m,
conditions under which h was orsrated
lie stated hls object Ia keeping The ma
chine was simply 10 excite curoisity an,
attract custom. lie alleged there wor,
no chaneus to win or lose. that its opera
ii1n served simply as a means OF enter
tainuient. The value Of the cards dis
played, he said, did not la any way de
teimine What the player should rrceiy,
for the reason that cigar wNs given ioI
each and every nickel deposited.
Being oross.examinej, Nichols said b,
had placed the machine la hls place Of
business 10 draw custom, thinking il
would excite trade. ~ thought all "a,
card machine tends would again take
leasure la seeing the caris ~ around
concluded the witness.
Prosecution waived the opcning
argument Holmes for the defendant
claimed that AL elements Of chance he,
ing hsan removed In the machines
operation. there bad heen no violation
OF the Law or intention 10 violate the
statute The obicog OF the Legislature
la matters oi legislation eau only be
interpreted by what il does. The n,a
chine vas boing opcrated strictly with,
la the honnds oi the law aud could b.
considered only an innocent amuse.
meat.
District Attorney Hsr, followed and
read the Law, the vnaciment ct which
by the legislature. he aid, had toe ob.
jet the complete prohibition oi the ase
Of the marhines under cay conditions
The machines serv considered a ment toc
10 society and Injurious % tho moralsoi
the Young boys Nc uart called psr.
licular attention 60 section 2. ol the law,
which reads as lo'loSs'
"lu an prosecutions under this aet ior
conducting, msiniaiulug or operating
any such marhlno 0T deyico. pfoof 81
ne p0sscrsiou ~ such machine or de
vice oF psFnliiting ths same % ba or
remain iu any public Wscu osnFd of
'ontrolltd hy tho pnrenn o. prosecuted.
convenient ior ace, shalt he consilerd
lrimA iarie esldenyo against such pea.
lou II violation "a this aet
The deiendAni having admitted ,hu
,ossossiou u che maehlae. coansel
lalmed he guilt oi ,he Accassi had
zen established. Ia event oi q yeriic,
4 aoluiilal, the disiSic, attorney an