Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-14
AFTER GAMBLING HOUSES.
The Grand Jury Seek Instructions
Prom Judge Zane.
EVIDENCE NECESSARY 10 IyDICT.
Retailers Of Liquor without a License
May Look Oni.-iiouses Of
Ill.famc. Rte.
EVIDENCE NECESSARY TO YDICr.

A brief account Of the grand juy'
Interview with Chief Justice Zan,
yesterday afternoon, In the Third Dis
trict court, was given In that day,
NEWS. when our report closed III,
conference between Judge and jurS
was still In progress. Below will b,
found verbatim account Of the pro
ceedings, which will doubtless be- reat
with great Interest,"
Gentlemen of the grand jury, un.
dcrstOod this morning from the state
nent Of the foreman that you wished
for further charge with respect to the
law prescribing aud defining your
duties, and also with respect 10 the
character Of evidence authorized Ia
tpeclfc cases, and the degree Of proof.
In order that the court may be In
formed ne 10 the dlilicultics which YOU
have, | Will ask you u few questions. |
understand that there il some Difficult.
~ In the minds Of some VI you at least,
or doubt, n to your duty with respect
To indicllng fOr gaming. DO | under
stand c1rr,Ctly2
Foreman Dovino--t will state, your
honor, IN regard 10 that, rs 10 the mn.
ture Of the evidence that will be- cot.
sidcfed material IN court, which We
ate supposed 10 have 10 order 10 indicl.
The COuu-1hat n a. 10 gaming?
Foreman Devinc-Yes, sir, that Ia
one u the points.
The C0uft--Woll, Il there any Juror
that believes that "A higher degree NJ
proof should be- required Ia the case OF
gambling Or conducting game, than
In burglary NJ huuaebrcalslng, or un.
lawful cOhabitatlJn, or such crimes A.
THAR Il there any Juror that thinks
that? What DO you say, Mr.. Huston.
Juror Huston-NO, sir, don't
The tOuft-Nnu are aware, | sup.
pose, that there are ordinances Of the
city prohibiting gaming. aud keeping
hAwdy houses, aud -clling liquor with.
out license, aud that In some cases
the parties have been punished under
those ordinances. l. there any Juror
that thinks that because the city has
the power 10 punish for these Oticnsr1,
you ought not 10 iudict aud have the
parties punished In this COURT
Mi. Aunvtt -Ontqur MS whether
we have 10 take hyafsa e,tlm0uyi a
witness comes In, pud can't give n
nanc--lt would be- hCarssy; have we
10 take evidence ~ that kind?
The Couu--Nou should take nouc but
legitimate evidence.
Mr.. Aunrtt--Weli, henrsay2
The Coutt-Simply hcafsay would
not be cOmrctent.
Mr. Annett-wcll, that Is one qucs.
tiOn.
The Court-You have q right, Of
coune, 10 iuqlir" into the circumstan.
Cts ana take Into consideration tue cir.
cumstsncca. u there any man on the
jury that gamulcs for money, or has
been n gambler for money! (No r..
spOnse.) | assume that there are none,
from the fact that you do not answer.
IL there any Juror that viii not indict
iOr gambllngH NO resp0ntr.)
Mr.. Bradlcy--In this connection,
may II please your honor, though |
am not gambler, aud never have
gambled, IL think one trouble would
he, before the grand iury--the feeling
IL that " there h not evidence suili.
Client 10 Justify man ne a petit Juror
90 convict the parties ON trial, there Is
feeling la the grand Jury that the
same kind Of evidence, and the same
number, IA required TO indict rs would
bo required 10 convict; and while !
hNh'A ANNAlh ~ NANNNAh AAANAN NNhAA wv
perhhps conscientious feeling on the
IaTt VI some that they would be will. |
ing 10 indlct only upon the same
evidence that they would convict. |
! think that point IL onv point.
The Court-Well, In the trial before |
a petit Jury the evidence must be |
sufficient 10 convince you beyond a !
reasonable doubt. 1.-THE evidence he. !
fore the grand Jury ~ sufficient 10 In. |
ducein you n belief that the defendant, |
or the person whose conduct you are |
investigating, II guilty, and that he |
would probably be convicted, that j.
sufficient.
Mr.. bradley - would inquire I
further, mny II please your honor,
whether Ia the trial, Or the presenta.
ton Of q case tor indictment against a
gambling institutiOn-Onu that the /
evidence Is clear enough, Is common
institution for gamhling-it not being
very positively settled that certain |
PARTIES are the ones who run that es,
Enlistment. whether that establish.
nent could he indicted IN the name N
such parties whom We might TAX. from
tue reluctant witness In rather loose
aud disjoint.d Orief2 | feel that there
would he a feeling on the part Of the
Jurors Ia that case that IN, evidence
being ~ reluctantly drawn from those
that are brought here, being acqulescrd
IN by the public sentiment, being, In
TACT, upheld 10 certain extent hy |
public sentiment, they would feel un.
der those circumstances that they
were not bound To go against public
sentiment, and against common usage,
You may say, and feeling OF that
kind, NJ they would DO IN relation 10
ths mrn that has been convicted, or
been brought up 10 he tried upon a
crime that public sentiment as well as
their own, aud the law Is against.
think that there would be feeling on
the part ofmany that that would be
case for the city authorities, and not
for US 10 interfere.
The Courl--ls there any Juror that
would be- governed Ia amy extent hy
public opinion, or public sentiment, Ia
cases Of prosecution for gambling, for
instance2 No responsc.)
Mr. Devinn-four honor, being that
the question las been raised In regard
TO evidence and huar.ay evidence, 1
have been waiting tor some OF the In.
TOra who have u little conscientious
Icruple In that particular IN state their
p0slti0n; but seeing that they have not.
would desire 10 say that some Of the
Jurors, on account Of some testimony
chat has been offered, which | mipht
describe In the following way: A Ger.
tain witness II questioned as 10 who
owns or runs certain establishment,
L L.. I..nN IL /