Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1906-01-05
Flynn Accused of
Having Several
Machines.
HAD NODEFENSE
SaloOnkeepers Testify as to the
Machines Being in Their
Places.
TO Get WITNESSES.
Prosecutor Met With All Kinds Of
Excuses When He Asked Men
To Testify.
Special to the EVENING NEWS !:


NEW BRUNSWICK, Jan. 5:-Wil-
bur j. Flynn was convicted twice yes
terday of aiding and abetting gamb-
ling in this county in having slot
machines designated by some of the
Witnesses at the trial as music boxes
because one got a tune though be
won nothing upon dropping a nickel
in the slot, in the hotels of Weiden-
hauf and Walters at Iselin and
Charles Willetts at South River.
There are three more indictments
against Flynn which can be tried for
placing machines in other saloons.
but Prosecutor Berdine may not
move these. Justice Fort, priQ
his departuSe~ from the city
day afternoon, on the 6zt-rdfI
raised Flynn's bail from s50eD TO
800 and placed him under $500
bail in the other case in which the
jury at that time was out They
came in at o'clock with verdict of
guilty and recommendation of
mercy. Flynn is under $500 in each
of The three cases untried, making
his present bail $3,500. James Cur
ran and. Harry Solomon are his
bondsmen.
Will Impose Sentence.
Justice Fort will be here January
13 to impose sentence upon Flynn
and the others who have pleaded non
vult in 'e slot machine cases. There
are abr a dozen saloonkeepers un-
der iut- -tment for having machines
in their places and three indictments
against Adolph May for aiding and
abetting, to which he pleaded non
vult yesterday.
The law sets forth that 81 900 fine
and years Imprisonment must be
imposed as the penalty in such Gases
and many of those who have pleaded
are wondering if they will get such a
heavy sentence. With regard to the Z
sentence the law says persons convict-
ed under the act covering the indictZ
ment of these people shall be pun
ished by a fine of not less than $1,000
nor more than $4,000. and by i'm
prisonment in the state prison for not
less than one year nor more than five
years.
Can Get Around The Law.
Although the law prescribes such
a heavy penalty and makes it manda-
tory upon the court TO impose it there
is a way, it is said, whereby the court
can get around it and not make the
make it. The court can impose the
fine and Imprisonment and then re-
nit part of the sentence so that the
fine could be reduced to $50 for the
saloonkeepers and a heavier amount
for May and Flynn as it is said they
will be fined heavier than the men
who had the machines IN their places
of business.
OF the three indictments to tried
against Flynn one was for his having
a machine in the hotel of Joseph
Deak at South River. A man who is
said to have overheard a converse
tion between the prosecutor and
Deak regarding Flynn having placed
a machine in his place, declares that
Deak told the prosecutor Il know
nothing. A man bigger than you,
you're boss, told me to say that.
Hard to Get Witnesses.
That the prosecutor had a hard
time getting witnesses on his side of
the case to testify positively wash
shown by the way they gave their
testimony. Detectives Peltier ans
Mulvey had instructions from tn
prosecutor to mark the machine
when taken so that they could posi-
lively identify them when called in
court. Mulvey identified his allv
right. but Peltier said the machine
porduced looked like the one he got
at Iselin. He was not positive.
That the cases in which convic-
tions were obtained stayed in court
by a close margin was apparent from
the testimony on which convictions
were sought The state was aided