New Britain herald., 1924-11-29
HECTIC ROW OVER
 CANDY MACHINES Prosecutor, Police and Defense Lawyers EnliYen Court Hearing NOT GAMBLING, JUDGE SAYS
Devices For Distributing Candy Mints, Seized In Series of Raids On November 8, Do Not Violate Law, Hungerford Rules.

Judge William c. Hungerford in police court today discharged 22 store keepers who were charged with maintaining gambling machines In their places of business, saying that he could find no element of gaming, chance or lottery in the op- eration of the machines to back up the claim of the state that they were gambling machines, The decision was given after a tumutous session during which objections flew thick and fast, punctuated by arguments between the police, defense lawyers and the prosecutor.
 The device on trial Is known as the Waco Vending machine, a large number of which were distributed about the city the latter part Of De- tober. On November 3, a squad of police, headed by Detective Sergeant William P. McCue, made a tour of the city and seized all the machines found in operation, summoning the proprietors of the places into police court, They succeeded in getting 22 machines, others who had them talk ing them out of service before the arrival of the police.
 Beloin In Test Case
 Jesse Beloin, proprietor of q res taurant at so Church street in which one of the machines was seized, en- tered plea of not guilty 10 the charge of having a slot machine used for purposes of gambling in his possession. Prosecutor Joseph C.. Woods presented the states case and Judge George w. KIett and Judge Saul Elsner Of Hartford, appeared for the defendant The Beloin case was made test case as all the ma- chimes are the same, and when he was discharged, the court ordered a similar disposition of all other cases.
 One of the machines was brought into the court room and demon- strated to the court, Judge Elsner told the court that 1t was simply an automatic vending machine used for purposes of stimulating sales of can- dy hints and the merchandise of the store keeper in whose place it Is op- erated. It was demonstrated that before person puts any money iu the machine he can see what he will obtain for the neckel by looking al an indicator in the front of the ma chine.
 When nickel Is placed in the machine, the player pulls down a lever that causes three wheels con- taining pictures of various kinds of fruit to revolve. He then takes hold Of a slide on the right of the ma chine and when the wheel stops re- volving, he receives hls package of hints from the slide. Then he looks at the indicator again to see wha, he will get for another nickel. If the wheels containing the pictures or fruit stop at certain positions, the person using the machine tan oh. tain another nickel, a mint and { number of slugs, each slug good fo, live cents worth of merchandise. The directions on the front of the ma chine say that the slugs shall be used for merchandise and not foI playing the machine.
 Chief Interrupts Proceedings
 Chief William C. Hart interrupted the proceedings while the machine was being demonstrated 10 Judge Hungerfcrd, saying that he would show that the slugs can be used 1T the machine and more slugs obtain. cd by using them. It was on thi. point that Prosecutor Woods baset his claim that the machines wor, gambling machines, but Judge KIet Informed the court that the direc tons for using the machine specific ally stated that slugs were not tt be put back into the machine bu were to be used for merchandise.
 An argument started when tn, chief interrupted at this point, Judg, Elsner objccting to the court tha the state had closed it's case and tha arguments were confined to mem bers of the bar and the chief should not interrupt the proceedings O start any arguments The objection of the defense was sustained and tn, trial resumed. Several times whiI, 1 Prosecutor Woods was questioning witness for the defense, defense at torneys objected to his tactics claiming that he was arguing witt the witness and not questioning him
 Detective MCCue Protests
 Detective Sergeant McCue was al lowed to resume the witness stanC by agreement Of counsel and tn, court to tell his experiences with tn, machine, He attempted severa times to testify to conversations be tween himself and men in the store, he visited, but the conversation, were ruled out as hearsay evidence After his testimony had been inter rupted by objections a number O, times, McCue said q don't seen to be getting any chance in thi court at all" At another point 1T his testimony, Judge Klett asket How many prosecutors are there ir this case anyhow"
 McCue told the court that he put the ntckels into the slot of the ma chimes and received a mint ant sometimes he received slugs. H. said that he did not know before he put in his nickel that he was to re- ceive the slugs, whereupon Judge Elsner asked him if he had read the directions for using the machine before he started 10 play it. McCue answered that he had not and Els. ner then told the court that if ht had read the directions they would not have been brought into court He said that if the police were go- ing to do their business in that man. ner. there is no telling what they will be doing next
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