The Indianapolis journal., 1902-12-11
CHARLES P0LSTER WINS
ACQUITTED OF CHARGE OF OPERAT-
ING A SLOT MACHINE.
Reporters and Attorneys Won and
Lost Nickels While the Jury
Was Debating.

Charles Polster, saloon keeper at Indiana
avenue and Michigan street, was acquitted
by a jury yesterday afternoon in Police
Court Of the charge of keeping a gambling
device. Polster was arrested on Nov 10
by Sergeant Warren and Patrolman Bolen
for having slot machine in his possession.
The machine was found in a cellar with
its face to the wall. The case has been
postponed several times. Polster demand
ed a jury trial and asked change of
venue from Judge Stubbs. When the case
was called yesterday W. Reagan, an at
torney, was on the bench. Polster was
defended by Attorneys John w. Hoffman
and Joseph L. Bell. The State was rep
resented by Prosecutor Ira NJ. Holmes and
Attorney James E. Collins Some time was
consumed in getting jury. 1t was not un-
til $3.50 that the jury was accepted by both
sides and given TO Acting-judge Reagan
The first witness called was Sergeant
Warren. who testified about finding the
machine. He said he found ii in the rear
of the cellar under a stairway with its face
turned TO the wall. He said it looked like
il had not been in use. Patrolman Frank
Bolen was next called and corroborated
Warren. Attorney Holtzman then moved
that Judge Reagan instruct the jury to
acquit the defendant, as no evidence had
been adduced to show that the machine
had been used by Polster for gambling
purposes. Some legal points were raised,
and when these were settled both sides
argued the case. The jury then sent
TO its ROOM In about fifteen minutes it
returned with verdict acquitting Polster.
PLAYED THE MACHINE.
During the trial the slot machine said
to have been taken from Polster's cellar
retired a number of reporters and several
attorneys gathered about it and played
money in H. One reporter from an after
noon paper was fortunate in winning sew
eral good-sized amounts. The machine was
continually played by the crowd. some win
ming, while others contributed their nickels.
Much levity was INDUCED In, and when the
rapping on the door or the jury room an
nounced that verdict was ready the play
ing suddenly ceased and all became as
quiet and orderly as a Sunday-school class
The jury selected was composed of the
following: William Mccoy, "a West Twen-
tieth street; Joseph Day 325 West Market
street: j H; n Robbins d1s ia ia West Vest New York
| street; Lew Shank. Cornelius COnwell. 2lS
| North Senate avenue; j. H Stearns. 64o
| East Washington street; Harry II. Allen
| 325 North Davidson street; Robert Iangs-
| dale 3s5 Meek street: Walter Harrison. 23l.
Brookside; James Boone, 1858 East Markt
street; A. y. Pollard. 720 East st. Clair
street.
Another gambling case tried before Judge
Reagan yesterday afternoon was that OF
| Charles Upton. a saloon keeper on Massa-
chusetts avenue. and nine men who wer,
caught i'm his place Sunday night by Ser
geant Warren. TlItOn. through his at
torney, Taylor Gronninger. pleaded guilty
as did the other men. Judge Reagan fined
| Upton SIS and costs for keeping gambling
house In the cases of the other nine mer
he assessed a fine of s. and costs for gam
bling There were two charges against the
men. but the charge of visiting was dis
| missed In the crowd arrested were two
| men from Salem, Ind, who had come to
this city as witnesses in the Jennings cast
i i'm the Federal Court These men said they
were strangers here and did not know tC
L what place they were being taken when
| they went 10 Tipton's saloon Sunday night
/ In their cases Judge Reagan dismissed the
/ fine. with the provision that they pay TIA,
4 costs.