Classic Mode

Coin Slot

Issue: 1978 June 041

Coin Slot Magazine - #041 - 1978 - June [International Arcade Museum]
the Court has taken judicial notice of the fact that the Courts
located in Salem, Illinois, in Marion County were open for business
from 9:00 a.m. to 4:00 p.m. on that day. The Court has taken
judicial notice of the fact that it is 18 miles from Centralia to
Salem. However, there are three roadways that lead from Centralia
to Salem. The mileage varies slightly from one to the other two
roadways. The Court took judicial notice of the fact that there is
telephonic communication between Centralia and the County Seat
located at Salem.
The facts show that the police did not have a search warrant at
the time Officer Hays entered the Defendant's home, at the time
the Defendant was arrested nor at the time the slot machine was
seized. At no time was a search warrant sought by the Police. At
no time was an arrest warrant sought by the Police.
Further, the
Defendant did not authorize or consent to the Police entry into
his home. The Defendant did not authorize or consent to the
Police seizure of the slot machine removed from the Defendant's
basement.
The State's Attorney stipulated at the Motion to Dismiss with
Counsel for the Defendant the following into evidence;
(1)
The slot machine was not possessed for the public's
use and was not open to the public for use.
(2)
The slot machine was not possessed, owned, or kept
for the purpose of making a profit.
(3)
Thousands of individuals on a daily basis purchase
contracts to buy or sell at a future time commodities where
at the time of making of said contract, it is the intent of
the parties entering into the contract that the contract
resulting shall be secured, not by receipt on delivery of such
property but by payment only of the differences of the
prices thereof.
State's Exhibits No. 1 and 2 were admitted into evidence. Defen
dant's Exhibits No. 1, 2, 3 and 4 were admitted into evidence.
DEFENDANT'S EVIDENCE
The Defendant presented several witnesses in support of his motion
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to dismiss the information.
First, Richard Bueschel, a free lance writer testified and presented
He stated that it is hard to maintain and stated that the machine was
long past years as a gambling machine. The witness equated possessing
© The International Arcade Museum
40
http://www.arcade-museum.com/
Coin Slot Magazine - #041 - 1978 - June [International Arcade Museum]
the machine in question like possessing a 1947 automobile. The
witness valued the machine on the antique market in I Ilinois at
$500.00; on the antique market in California at $7.00.00. The
witness testified that collectors are searching all across the country
for old slot machines as collector's items. The witness is an author
of a book soon to be published all about slot machines, titled,
"Lemons, Cherries and Bell-Fruit Gum". The witness stated the
Exhibit machine would be entertaining and would create psycological
impact on its owner as a collector's item. On cross-examination the
witness described State's Exhibit No. 3 (Jennings Machine) as not a
prime piece, but would be a collector's item.
He estimated the
Brodish machine would have been valued at $250.00 in 1948 but
now is worth $500.00.
The second Defense witness was Mr. William E. Harris from
Wheatridge, Colorado, who is the producer of the Newsletter,
"Coin Slot", which is published one time per month. He testified
that people are looking to collect all types of coin operated ma
chines and that he carries advertisements for machines like these
and his newsletter circulates in Illinois. The witness stated that
people collect machines like the one removed from Dr. Brodish's
basement because they are fascinating machines. That the machines
have individual characteristics and will continue to appreciate
in value. The witness valued the Brodish machine at $500.00.
The third witness was Mr. Larry Lubliner whose address is 1917
W. Belmont, Chicago, Illinois.
He stated he is in the antique
business in Chicago. The witness stated he has experience in trading
in slot machines.
He stated that he trades with collectors and
antique dealers in various States that he buys machines and sells and
ships them to buyers. The witness stated that all kinds of people
buy them for pleasure. The witness identified Exhibit 10A and 10B.
Pages 71, 72, 75, 76, 78, 81, 85, 86 and 87 of the publication entitled
"Antique Trader", have specific ads for slot machines like the one
Dr. Brodish had in his basement. The witness placed the circulation
of the paper, "Antique Trader", in Illinois to be 100,000. The
witness valued the Brodish machine at $500.00. The witness identified
Exhibit 11C as a small slot machine readily available to anyone in
novelty shops in Illinois. The witness stated there was no difference
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between the novelty slot machine and the Brodish machine, except
historical difference. The witness identified Exhibit 11D as a deck
of cards that are "recreational" except when used to gamble then
Exhibit No. 3 (Jennings Machine) as a collector item and would
not be used for profit today.
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41
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