Evening star., 1936-04-11
THREATEN SEIZURE
Of CLAW MACHINES
TO TEST LEGALITY
Prosecutors to Impound De-
vices Unless Trial by Judge
Is Agreed To.
BELIEVE JURIST BETTER
Qualified TO DECIDE
Vice Squad Arrests Two Pro.
prietors and Take Five
Machines in Raids.

Determined to have court test OF
whether the Districts gambling laws
are applicable to claw machines. prose-
cutting officials threatened today to
impound every machine in the city
unless the operators arrested in yes
terday's raids agree to trial before a
Judge on the issues involved.
About a year ago. Police Court
jury decided the machines were games
of skill rather than chance, and that
their operation could not be prose-
cuted under the gambling laws.
Dissatisfied with that decision, Of
ficials now want the matter threshed
out on the law alone before a judge
rather than jury. They feel the
present statutes prohibit operation OF
such machines and think a judge is
better fitted to pass on such matters
than a jury. Defendants. of course,
cannot be denied a jury trial if one is
demanded.
Five Machines Seized.
The police vice squad yesterday
seized five machines and arrested
proprietors of the two places in which
they were operating.
Lieut.. George Little, head Of the
squad, said the devices would be
demonstrated in court in an attempt
to show the returns we're unfair to
players and constituted gaming ap-
paratus. In the last court test, Lieut.
Little said, he had been handicapped
by the fact the particular machines
demonstrated would have picked up
anything"
The machines we happened to get
hold Of that time weren't representa-
tive Of the great majority" Lieut.
Little said. They would have picked
up a jackass, elephant or cake of ice u
The machines conflscated yester-
day were taken from the Shore
ham Drug Co. store at Fifteenth
and H streets and from an es-
tablishment at 606 H street. James
H. Forsyth. 46, of Silver Spring, Md
manager of the drug store. and Carl
August Milton of the H street ad-
dress were arrested and charged with
permitting gaming. They were re-
leased under s100 bond, Milton fol
arraignment in Police Court today
and Forsyth for arraignment Tuesday
Lieut.. Little said Policeman Roy E
Blick and two assistants had played
the three drug store claw machines
for two and a half hours and didn't
get a thing" Two hours later they
visited the H street place and had a
similar experience. they said.
Il nave talked this matter owe,
with District Attorney Leslie G. Gar
nett, and We feel the public is beinl
gypped," Lieut.. Little added.
Other Raids Planned.
The vice squad planned other raid
yesterday, but when word spread tina
another drive against claw machines
was on, companies that distribute thu
devices tipped off" places where TIT
machines we're operating. When th'
raiders arrived. they found the ma
chimes had been removed or were pad
locked and bore out Of Order" signs
The prizes had been removed from
several
Lieut. Little said one distributor
learning of the police drive. had sen
| out seven trucks to collect the device
before Bljck and company arrived.
The raiders pried open the machine
with crowbar and screw drivers, dis
assembled them and loaded them int
a police truck. They will be reassem
bled for court demonstration.