Evening star., 1950-03-25
Slot Machine
Deal Is Denied
Legal Standing
St. MoYs Jury Rules
Debts on 'Conniving'
Can't Be Recovered
BY }. L. MichoeI
Stor Sioff Correspondent

law violations have no legal stand.
ing, a st. Marys County Circuit
Court jury has decided.
Specifically, the jury held thai
when slot machine distributors
and operators connive to evade
gambling losses, neither can re-
cover debts arising from ensuing
agreements.
z The case, termed by court Off
cials as particularly important ir
Prince Georges County where slot
machines are illegal, involved
Philip E. Gray, Lexington Park
and William r. Hoffman, oper-
ator of the Midway Tavern near
Great Mills.
Suit for Debts Incurred.
Mr.. Gray, slot machine dis
tributor, sued Mr.. Hoffman for
$5,512.50 for debts incurred before
slot machines were legalized in ST.
Marys County.
Trial testimon Thursday
showed that Mr.. Gray made a deal
with Mr.. Hoffman to install five
machines in the latter's tavern
soon after it was opened early in
1916. Slot machines were legalized
in 1947.
Later in 1946 Mr.. Gray ad-
Vanced cash to Mr., Hoffman and
purchased equipment for his tav-
ern.
Mr.. Hoffman testified that Mr.
Gray had the only keys to the de-
vices and that he collected from
them "once and sometimes twice
q day." Usually. he said, Mr.. Gray
gave him half of the returns minus
a service fee but said on several
occasions he had kept the en-
tire take as part payment on the
amount owed.
instruction to Jury.
In his instructions to the jury
Chief Judge John B. Gray. jr.
said "where people engage in il
legal operations and come into
court to enforce their claims, the
court will leave them where we
find them"
IF you find these transactions
were wrapped up in illegal gam
bling" he added, "the plaintiff is
not entitled to a verdict"
Through Attorney Oliver R.
Guyther, Mr.. Gray contended that
the deal for installation of the
machines and the cash advances
were separate agreements. The
money loaned and purchases of
equipment, he argued, were not
necessarily to be repaid from in
come from the mechanical devices.
Mr.. Hoffman's attorney was
former Chief Judge William NJ.
Loker who left the bench year
ago at the statutory retirement
age of 10.
Legalized in Three Counties.
Slot machines were legalized in
Calvert, Charles and St. Mary's
Counties after Judge Loker con-
Quoted a vigorous campaign from
the bench against their illegal
operation.
Prince Georges County also ap-
proved the devices in a referen-
dunn last year, but Judge Charles
C. Marbury later held the law
unconstitutional. The case now
is before the State Court of
Appeals.
Judge Loker told the jury that
Mr.. Gray and Mr.. Hoffman based
their transactions entirely on ex-
pected income from violations of
gaming statutes.
Where there is such collusion, "
he said, there should be no
recovery"
Referring to Mr.. Gray's appear
ance on the witness stand, Judge
Loker said the slot machine oper-
ator was "demure" witness. The
witness indicated, the former
surist said, that he was reluctant
to reveal the exact nature of his
business because of fear of prose-
eution.
II don't know why any one would
fear that down here" he added
certainly, Mr.. Gray never had
any trouble along that line
Refers To Conditions.
He was referring to conditions
prevailing in the county for 80 OF
40 years before he opened his law
enforcement drive.
Mr.. Hoffman testified that his
slot machine agreement gave Mr.
Gray exclusive rights to install
the devices in his tavern and that
the contract required that they be
operated seven days week
Under its terms, he said, hi
could not transfer his lease or
the building he occupied anc
could not enter into a partnership
without Mr.. Gray's approval.
Referring to slot machine in.
come, Mr.. Hoffman said that re.
turns before they were legalizet
averaged $500 a week, but that
since the average has dropped tt
5000 a week.
Judge Loker said Hoffman BY
that agreement was hog tied
shackled and ground down undel
constantly increasing pressure tt
obtain more and more incom,
from the devices" He said MI
Hoffman finally "broke away
from Mr.. Gray and installed slo
machines furnished by anothe
distributor.