03/12/1979 Board of Public Works Minutes

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REGULAR MEETING MARCH 12., 1919 1 5 Horvath said that he was. Mr. Masters asked what he observed at that time. Corporal-Horvath said they observed several people using gambling devices, tables, dice and money. Mr. Masters stated there was a back room at the premises and asked if that is where the alleged activity took place and Corporal Horvath said it was. Mr. Masters asked if there was any kind of warning when officers appeared. Corporal said when you go in the front door, there is a counter. The person who sits behind that counter can look out the window and watch people enter the building. When someone enters the front door, there is a buzzer under the counter and he presses the buzzer. If you go around to the back door, there are thirty or forty people back there milling around. Mr. Masters displayed Exhibit 6 to Corporal Horvath and asked Corporal Horvath if this was a table he had seen at the premises. Corporal Horvath said it was and.that it was a rather large table, about four by six feet long, with the pockets covered up and filled in and a large rim for people to lean on. The table has a string across it. Mr. Masters asked what was on the table and Corporal Horvath said rakes that were used and a string to trip up the dice so they, will roll. Mr. Masters displayed Exhibit 9 to Corporal Horvath and asked him to comment. Corporal Horvath said that was the table where they play cards. It is covered with felt and has words and numbers drawn on it. They have several chairs around it for people to play cards. MMr. Masters displayed Exhibits 7 and 10 and Corporal Horvath these were pictures of a gambling and dice table and one picture showed paper on the table,'known as policy paper, another type of gambling activity that goes on at the establishment. Mr. Masters asked Corporal Horvath if it was his conclusion,.as a South Bend Police Officer, that unlawful activities such as gambling are permitted on the premises. Mr. McLaughlin objected to the question. Mr. Masters said the witness is an expert in the matter and should be allowed to answer. Mr. Crone said that legal rules do not apply and that Mr. McMahon can hear anything that is in any way relevant. Mr. Masters asked Corporal Horvath if, having been on the premises and involved in the investigations, the licensee should.have had knowledge of these activities. Mr. McLaughlin said he thought the question was improper and called for Corporal Horvath's conclusion. Mr. Masters withdrew the question but noted that Mr. Brinson has been observed on the premises and in the back room. Mr. McLaughlin said he had no questions of Corporal Horvath. Mr. Crone asked Corporal Horvath if he had any evidence that Mr. Brinson was aware of the activities going on. Corporal Horvath said Mr. Brinson had been see back there during the activities. Mr. Crone asked Corporal Horvath if he personally observed anything that would indicate Mr. Brinson was aware of it. Mr. McLaughlin objected. Mr. Crone asked Corporal Horvath if he had personally observed Mr. Brinson in the back room and Corporal Horvath said no. Mr. Crone asked Corporal Horvath if he had observed Mr. Brinson on the.premises in the presence of gambling devices and Corporal Horvath said yes. Mr. McLaughlin asked Corporal Horvath if the premises does have a back room and Corporal Horvath answered yes. Mr. McLaughlin asked Corporal Horvath if it was in the back room area that the activities go on and Corporal Horvath answered yes. Mr. McLaughlin asked Corporal Horvath if.there was a pool table in the front room7and Corporal Horvath answered yes. Mr. McLaughlin asked Corporal Horvath if he ever saw anybody gambling in the front room and Corporal Horvath answered no. Mr. Masters asked Corporal Horvath if he had ever seen anybody play pool in the front room. Corporal Horvath said in the last two years with over one hundred times on the premises, he only saw someone playing pool two or three times. Mr..Masters asked Corporal Horvath to describe the condition of the pool table. Corporal Horvath said it is pretty broken down and dirty. You can see dirt on the surface. It is hard to play pool on a dirty surface.