The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-04-13
Gambling
Goes Right On.

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rested last Sunday morning by Sheriff
Smith on a charge OF violating the Sun
day law, was called in Justice Cleve-
lands court yesterday, there was q full
attendance of those interested in the
matter. Deputy District Attorney Cur
tbs was assisted by Frank Spittle, while
Messrs. Thomson and holland were
looking after the interests of the de-
PENDANT. Both state and defense were
willing to try the case before the court,
but Justice Cleveland. in view of the
fact that he had, the day previous, de-
cided that the state had been Invested
Of Jurisdiction in the gambling cases,
requested that the matter be placed In
the hands Of a jury in order that they
might nave an opportunity of weigh
ing the law. The following jurymen
were then sworn: ]. Surprenant, John
Kopp, Joe Giardini, j. w. Hume, George
Hill and w F. Schiebe.
In the early part of the day the pros
poets of a trial seemed dubious, Dep
uty Prosecuting AttorneE Curtis hav-
ing declined to prosecute unless the
county would pay the fees in advance
or give a guarantee that they would be
paid. This Commissioner Robert Car
ruthers said the county would not do.
Then there was a deadlock for a while.
The defendant, who had paid lawyers
to defend him, insisted on being tried,
and In order to bring the matter t an
issue, contributed one dollar toward
Mr.. Curtis fees of five dollars, and the
balance was collected in sums of from
twenty-five to fifty cents. Next came
the question of assistance for the
States representative, and Judge Bowl
by was called upon, but that gentleman
declined, and Mr.. Curtis secured the
services of Mr.. Spittle.
After Mr.. holland stated to the jury
what the defense intended to show, the
State opened by calling Sheriff Smith.
He testified that the saloon of Harris
& Wright was open ON Sunday morning
last from 1915 until about 3 o'clock.
Cross-examined by Mr.. Thomson, the
witness testified that he had not seen
liquor sold by the defendant, but by a
person whom he believed to be a bar
keeper In Mr.. Harris employ. The
sheriff was asked If he saw a license
to sell liquor hanging up in the saloon.
and If so, did he know who issued the
license. The reply was that he saw no
license. He had seen a license on other
occasions, and it was one issued by the
city. Mr.. Thomson then asked witness
If he (the sheriff. enforced the laws of
the city. The answer was in the g
tive.
Mr.. A. w. Utzineer was next called,
and testified to having closed up his
saloon on Saturday night about II 80,
and that about IL o'clock or t~hereabouts
he saw the sheriff take the defendant
up the street from the latter's saloon.
ConstableOb testified to having been
in the White House Corner on the morn
ing of last Sunday. Saw Fred Norton
sell liquor over the bar and receive pay
ment.
This closed the case for the state.
and the defendant was called to tes-
tify in his own behalf, as follows: Am
in this case, and hold a IL
cense under the city of Astoria: hold
no license under either the ounty or
Both sides then rested, and the State
waving the opening argument, Mr..
Thomson opened for the defense. He
referred to the recent decision in the
gambling case, and to the decisions of
Judge Stott and District Attorney
as published in the columns of
The Historian, and held that the city
and State could not hold concurrent
in such cases. AS f. the
gambling case decided by Justice Cleve-
and, MI. Thomson commended that
when the legislature vested in the city
council of Astoria the right to regulate,
ak and restrain places where liquor
S sold, the Sunday law was repealed
~ implication, and for that reason the
state or its officers had no right to
arrests under a law which had
alone been repealed, but had been
| dead letter on the statute books for :
nearly 40 years. IF the sheriff or any :
'ther officer" said the counsel had the
to enforce, when he saw fit, a
aw which all knew to have been a i
lead law since its passage, what a g
power an officer would have If he de-
ired to use it." After quoting numer-
JUS authorities in support of his propo-
ition, offering the charter Of the city
# Astoria in evidence, and referring
'riefiy to tie rights of the people as /
citizens, MI. Thomson closed. r
lie was followed by his associate. Hon.
holland, who made a brief. but
ogical and effective argument, in sup
'ort of which he cited additional au-
horities, and showed that IL the de
endant could be proven guilty then (
the saloon keepers in Astoria could
70 prosecuted seriatim for similar Of
committed during the period, at
east, Of the counsel's residence in this
ity, or for nine years past.
Mr.. Curtis, for the state, then began
rgument for the state, and took the I
tand that the city and state could '
old concurrent Jurisdiction. Mr.. Cur
Is made a good argument in a poor
ase, and after Mr.. Spittle had briefly
resented the facts to the jury, the lat :
er were sent to their deliberations, :
quickly returned a verdict of not
utility.
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