New Britain herald., 1928-09-12
GAMING MACHINE
owner IS FINED
Cherry St. Man Appeals Levy
Of SIS and Costs

Found guilty of violating the
state law relative to gaming ma,
chimes, Vincent Rodrick, aged so. Of
IS Cherry street, was fined $35 and
costs by Judge NJ. D. SAKE in police
court today. but gave notice of pr
appeal to superior court in 500
bonds. The arrest was made by De-
tective Sergeant Ellinger last week
on warrant after Detective Ser.
geant McCue had played" the ma
chine and received two papers Of
tobacco in exchange for four slugS
which came out of the machine
when he inserted five cent pieces.
Judge w. F. Mangan. represent
ing Rodrick. went into details in his
contention that Rodrick was deserv-
ing of discharge because he had
no knowledge that merchandise was
obtainable in his store on Cherry
street. in exchange for the slugs
The testimony of the police was
that Rodrick's boy. who had
charge of the store when the ma
chine was operated. told the police
the slugs must be played back into
the machine for packages of candy
minis. but Rodrick's sister-in-law,
who happened to enter the store at
that moment. told Sergeant McCue
he could have anything in the place
except money in exchange for the
slugs. She gave him the tobacco.
Detective Sergeant Ellinger testi-
fled that when he served the war
rant on Rodrick, tile latter's sister
in-law claimed that she and hei
husband owned the business and
Rodrick merely conducted it for
them. Her husband is employed at
night in the Stanley Works and
sleeps by day, so he was obliged to
have a manager. Rodrick. however,
said he owned the store.
Judge Mangan contended that If
the court believed Rodrick when he
said he owned the store. he was al
so entitled to the consideration of
having his claim believed that he
never authorized anyone to give
merchandise in exchange for slugs.
On the other hand, if the court be-
lieved that Rodrick's sister-in law
and her husband owned the store,
either of them should have been ar
rested rather than Rodrick, if any,
one was to be prosecuted. He stress.
ed the testimony of the sister-in-law
that she had made a mistake in CIV
ing Sergeant McCue the tobacco,
and the statement OF Rodrick that
the husband of his sister-in-law had
since paid him twenty cents for the
tobacco to rectify the mistake. Ad-
hitting that the machine was cap
able of being used for gambling,
Judge Mangan declared Rodrick
could not be convicted under the
statute unless it was proven that he
gave merchandise for slugs or per-
mitted such exchange to be made.
Prosecuting Attorney Woods re-
piled that attorneys throughout the
country have been driven from pill
lar to post just as Judge Mangan
has been driven this morning." in
an unsuccessful attempt to have the
declared legal but in many
states they have been ruled out. as
they should be. because they are
machines. pure and SIM
pie. Rodrick's sister-in-law, when
she gave Sergeant McCue the tobac-
co. did what she had seen done in
the store time after time, Mr..
Woods declared, because that is the
purpose of the machines. Money has
been given in exchange for slugs,
also. Mr.. Woods declared, and
Judge Mangan interrupted him with
the charge: THAT is an unfair
statement, and as an officer of the
court. you are telling an untruth."
Judge SAKE said Rodrick was the
owner of the store. by his own tes-
tlmony, and both the state and the
defense agreed til at the machine is
capable Of being used for gambling
The question to be decided there
fore was whether or not it was used
for gambling with the acquiescence
of Rodrick. and in the opinion of
the court, 1t was so operated.