Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-04-03

Soiu0J P'So'A''S oNS' wv S'Ns' JsS'~
iaI district, in an opinion just handed
down in the habeas corpus proceedings
OF Charles r. Jones, Of Santa Rosa,
who was arrested on two separate
charges of violating the ant-gambling
law, first by operating and running
gambling games, and second by run
ming a lottery, the court holds that the
anti.gambIins statute enacted by the
Thirty-seventh Legislative Assembly
and which became operative on Jan
uary last, does not apply to slot ma.
chimes. The defendant therefore is dis.
charged from custody by the court on
the ground that the complaints against
him do not charge an offense under the
statutes of the territory. As the opln'
ion settles a much mooted question It
is printed in full herewith:
Review of Case.
In the District Court of the Sixth Ju-
dicial District of the Territory OF
New Mexico, Within and for the
County of Guadalupe"
In Re, Charles r. Jones
Habeas Corpus.
One Charles r. Jones was arrested
on two separate criminal warrants is
sued by justice of the peace OF
Guadalupe county, based upon com
plants, duly sworn to, charging him
with two separate offenses against the
laws of the Territory First, running
and operating gambling games. Sec
ond running lottery.
Jones, while under arrest and In
the nominal custody of the sheriff OF
Guadalupe county,. filed his applica
ton for writ of habeas corpus in the
district court Of Otero county, set
ting out the facts substantially a:
contained in. the stipulation herein
after referred to- A writ was ISSUED
to Martin Serrano, sheriff of Guada
lupe county, and on January 10th the
said Serrano appeared before this
court with the said Jones in custody
and made due return to the writ, set
ting up his warrant as cause for hold
ing said Jones in custody.
Counsel thereupon entered into a
written stipulation of facts which is
as follows:
1T is hereby stipulated and agreed
by and between the undersigned, that
the following facts shall be and con
stitute the basis upon which the court
may act in determining its action up
on this application for writ of habeas
corpus.
"That on the 18th day of January
1908, the relator, Jones, being the
owner and proprietor of saloon ir
Santa Rosa, Guadalupe county, Ter
ritory of New Mexico, did run aud op
crate the following device or appara
tus which was kept and exhibited ant
owned by him at his saloon in said
town, and which Is the slot machine
mentioned in the complaint filed be
fore the magistrate, copies of which
are hereto attached and made part
hereof, tO-wit: A case, box or frame
about five feet high and about foul
| feet wide; that on the inside thereof
a certain machinery so constructed as
to make it work automatically wher
in running order; that there are {
number of slots Of different colors
on the top of the machine and if the
player puts a nickel into the slot O
any color and pushes down crank
1t starts circular disk to revolving
containing colors corresponding to the
colors on the slots and If the color
shown by the indicator over the disl
at which the disk stops revolving is
the same color as the slot in which
the coin was deposited a certain valve
will open and pay out to the player
from one to forty times the amount
played by the player according to the
color played by him. II the indicator
does not stop at the color played, the
player loses the amount played. Thai
there is a common fund placed ir
the machine by the relator and con
stantly kept there against which the
players can play, to which the play
er's losings are added and from
which his winnings are taken. II
other words; if the nickel is placed
in the green slot and the disk stops
at the point SO the indicator points
to the green color on the disk, II
paws five times the original nicke
played. and the yellow pays ten, the
white twenty and the blue forty wher
similarly played. If, on the Other
hand, the indicator shows on some
color which the player has not played
his money so played by him goes In
to the common fund and becomes the
property of the relator and Is lost tt