Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-14

lhe COutt--lUu have "A FIGHT TO In,
I gulre as 10 who has harpp Of The build.
ing, oTOf the room, aud a. TO y hat act.
ne does about the business, md M {,
anything he himself Ina. said about II.
hnd any Circumstance that tends Il
SHOW who II Is tina, Is conducting the
game, or has the possession and 90 "a.
trol OF the game, OF the room, or cour=e
q witness could not lie permitted 10
come IN and give Il a. his opinion that
sOine one was proprietor without civ.
Tug tue circumstances. He ah0ulJ
| give he circumstance upon which he
bases MS opinion, aud not give his
| opinion about ". You have right to
inquire who leases the room. You
nave right TO inquire into any cir.
cnmstance-i aud from that YOU have a
rght 10 iniur who conducts the bust.
uess. Aud II you dtum Ii sufficient.
! who, That IL al that L. required. You
have no right 10 take uirrr opinlous
ABOUT u, ~ ~ who Is conducting the
business. You have a right to call
| upon any witness who has been la
There, 10 any gambling house. ~ To
whom he saw playing, a. ~ whom hc
saw taking part IN any game, and
ne Is not privileged upon the
ground that Il may criminat-
| himself because the statute provides
that that Il not ground Of objection.
/ lie cannot lie indicted, however, and
prosecuted, upon any evidence that he
gives to the oiirnse. An, there any
other questions you wish TO ak Ia.
stturtlUus unf
Mr. Odell-lf the same story, Mfr.
l. al
ncssus--
The urt-tintefripting.l That l.
not proper way to tan In court. You
must address tho court. That is q
matter Of contempt.
Mr. Oiell--lum not familiar with it.
The COuri-An intelligent man on
the grand jury ought 10 know better
than 10 speak that way.
Mi. Oiell-May | state the question?
The Court-You may state the qucs.
ton now.
Mr.. Oicll--lf the vilence Of two
Of more witnesses tends ~ tho same
facts, would that be considered sui.
firient?
The Coutl-wcll that would depo nd
upon the nature Of the evidence.
Mr. Odoll-Well, give the same
names, the uame parties, the same IN.
cilliy, the actions the same, the .vi.
dcncc referring 10 dates close together.
The Cour,--rwO witnesses would bu
sufficient Ia any proper fact, or one
witness, ~ Tar ~ That !. concerned, n
he was not cOniradicted. II there was
my contradiction, why then you
would hsv. a right 20 weigh the cvi.
doncc and determine whom 10 believe.
This CouH then read from the com
Piled laws the sections referring 10
gimhling.l
This l. the Law In respect 10 gambl.
ing,rp iar NJ I deem IL necessary To read
n, AMI would siy with r,suect 10 that
Oiiensu that the grand Jury should
treat u the snine as any other oifcn.e,
aud should indlct upon the same de.
gree " proof, ani the party should br
convicted upon the same degree Of
proof 1.-THE proof e. sufficient 10 Ia.
ducc n belief that the person whose
conduct you are ycftlgiting Is guilty,
nnd tile probabilities are that he will be
convicted II the rasf II fairly presented
nnd tried, why you should indlct. You
have no right 10 take into consideration
the fact that there may be gambling
carried ON In various places. You have
nc right 10 take into consideration the
Tact that you have gambled, II any u
you have, for money. You have
no right 10 take iutO cOnsldrra-
ton the fact that the city has
authority 10 punish for gambling. You
have no right 10 take into cOusidvfa.
ton anything that Il not proper
evidence, ana your only motive should
be tile truth. Because laws cNis.
against gambling and the keeping OF
hawdy houses aud other Oflcnsrs, aud
II may be impossible 10 prevent
gambling and keeping Of bawdy houses
that IN no reason why you
should not indlct " the evidence T.
sufficient, nor ia II any reason why |
you should iniict II the evidence II not !
There have been laws
against murder, nnd larceny, and rob. |
bcry, and various other crimes for /
thousands of yenrs, aud stllI those |
crimes exit Your purpose should be- |
10 protect society ron the evil effects |
" these crimes, by inilctiug where /
The evidence Il sufficient. So with |
or any other oiirusc Of that I
II Is your duty 10 ludict |
though you may think that II may not |
prevent gambling altogether. II DO.
cause II does not stop gambling alto. /
yether you should not lndict, then all /
The criminal laws should be repealed. |
The Obje't II 10 prevent crime, 10 pro- |
icct society from the evil effects OF /
These places into which /
men are invnigled, and Induced to go,
and deprived Of their property under |
" that kind, are ~ bad |
not quite 20 bad In the estimation Of |
he publicl a. stealing, but In the cy.
n M honest man, Just ~ had, Just a. |
immoral, AMI Just ~ wrong.
| make these remarks because hear
outside that some men ON
his grand Jury have stated outside that
hey would not indlct under any cir.
manioT gambling, becnu-e
hey had glmbled themselves aud did
not believe In indicting others. do
not know how true Il l., but N there /.
my man OF that character on thi.
rand jury | would like TO know Il.
Your oath II plain, aud II II ~ follows.
Read, The court also read section
M Compiled Laws uf Utah. so that
'our duty IA plain. Your only motive
hould I've to ascertain the truth accord
NJ 90 law, aud whenever you found
efficient evidence TO indict man,
nIicl him, no matter who he is;to
natter though the law may be law
ha, You do not believe In, inlict. You
nave no discretion about II. A grand
lry, like court investigating facts,
when The evidence IL sufficient there
! no discretion. II they believe from
he evidence that the fact exists, they |
a 10 - 10 a.
rot. II IA true that court aud jury