The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Judge Of the Circuit Court Of CabeII
County Holds There is no West
Virginia Law Against Their Oper
alton as Gaming Devices.
Text Of Opinion Given in Full Including Few Re.
marks for the Benefit Of Those who Differ from
Eiim--.Judge Matthews Reversed and Prisoner
Goes Free State Cannot Confiscate Machines.

/ Judge Doolittle, Of the eircuis court
Of e.sbcll county, Saturday rendered his
opinion in the slot machine cases. which
have been agitating the public for some
time past.
The judge reversed the decision of tho
criminal court and gave a verdict in fa,
vor Of the defendant.
Jndge Doolittle's opinion in this case
is published in full as follows:
AT criminal court held for the county
Of eabel at the November term, 1908
an indictment was returned against Joe
Thompson by the grand jury in hewords
following;
| The grand jurors OF the state of West
Virginia, in and for the county Of Cabell,
and now attending the said court, upon
their oaths, present; That Joe Thomp-
son, on the first day Of October, 1908.
IN the county aforesaid, did tinlawfully
keep and exhibit certain table, COM
monty called u slot machine, the same
being then mud there like the unlawful
tables commonly called A. b. Q. and 4. o.
tables, faro bank and keno tables, in
that then and there playing at and upon
said slot machine, the chances were un-
equal, oil other things being equal, and
the said unequal chances Eerssil faypr.
Of him, Joe Thompson, the exhibitor OF
said slot machine. the said. slot machine
being then and there played Otherwise
, than with equal cards or dice, to-wit
I,by means Of the mechanical device OF
said slot machine set in motion by the
dropping Of niekle and silver coins in
The slot Of said machine, and the manip-
ulation thereppon Of the lever and wheel
of said machine, against the peace and
dignity Of the stateD
10 this Indictment Joe Thompson plead
not guilty, and the clse was submitted
to the count upon an agreed statement
Of facts, d which hereafter.
The defendants demurrer 10 the in.
tlietmeat was oyerruled, and upon the
agreed statement Of facts the defend
ant was found guilty by the court and
,uliulged 10 pay fine Of 500 and to be
imprisoned in the county jaA for a. pc
riod Of two months, and that the slot.
machine should be seized by the sheriff,
etc
10 this Judgment the defendant has
obtained writ Of error from the circuit
court Of said county, With defendants
petition is filed complete transcript of
the record.
The proper decision Of this case de.
pends upon few fundamental principles
50 plain in their meaning that every man,
lawyer or layman, can, if he will, readily
understand.
The adjudication Of rights and wrongs
I,ncccssarily depends upon existing laws.
To make a wrongful act punishable there
must De public law Of ithe state de-
claring such an act shall De crime and
denouncing a penalty against transgres-
sors.
The courts Of West Virginia, under
The constitution Of the state, cannot law
fully punish man for an alleged viola,
tion Of a penal statute until a grand jury
has first returned an indictment clarg-
ing him with the violation, and fully and
1 qlainly informing him of the character
4 and cause Of the accusation.
! The indictment tested BY this consti-
tutional provision must charge the com,
1 mission of a crime within the meaning
Of Tie statute.
1T Upon the trial Of an indictment, it
appears that The defendant has commit
ted immoral OF wrongful acts not em-
Ibaced by the statute according to q re's-
sonabIe Interpretation Of its meaning, he
should mot be convicted on punished for
the crime charged.
If the courts in the administration Of
Justice were not guided and controlled
Iby these principles the liberty Of the
citizen would constantly be in danger
and he would not be secure IN his per-
sonal property rights.
In fact, without these constitutional
Safeguards, we would not long enjoy the
blessings of 4 republican form Of gov
ernmcnt,
The indictment against Toe Thompson
Iis drawn under the provisions cS Section
Continued on Page G..