Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-08-04
BOB THOMPSON HELD.
Must answer 10 a Higher Court ,Oi
lha Death Of Carter
CAN GIT LIDtRY on $500 BAIL
Attorney Straup Contend'd that The
Contest Was Not rrge figh,
FOL c. EHcoriaicd by Waite.

to a higher court. That was the dc.
c.sion VI Justice wengor this afternoon.
In the meantime tho defendant will
be permitted 10 enjoy hi, freedom pro.
vldiug ho can get bonde, which tue
court tztd At g. 900. Thompson says
he will have no difficulty
In securing b1ndBmen, and his attot.
nUys cJfrUbofalo that statement. The
case Of the Slate sgaiusl the club man.
agemcut aud referee charged with pro.
noting, aiding aud Rbeltiug ia n prizs
fight will come up IN the police court
at 10 o'clock tomorrow morning.
There lu considerable speculation as 81
whether Justice wongeT's action to.
day IA a precursor Of VIVA. Is to follow.
/ That remains u be seen. The argu.
mrnie Tor or against tho motion ~
| discharge the Defendant were oxhaus.
tive and well made. Attorney Straup
| diu HE beet 20 prove that tho contest
was not prize fight and quoted c1pi-
| Ously from statutes and opinions do.
lining such cases. Assistant County
| Attorney waite threw dictionary def.
!
construction TO the winds aud
Stood iq1nrcly on tho proposition that
q prza light WAS fight for a prize
either In puolic OF private; that II was
brutal au1 dom1falizlug, Ho oIc,r.
lated tue police auu other city on.
Gals Tor Protection he said they had
given TO pugiilsllc parasites who added
nothing g. tue energy, capital or rec.
pCciubiuty Of the city. Citizens who
encouraged pflz, ring encounters even
where tue contest was admittedly Tor
scientific pOlnts, were referred ~ Ia
| uncompiimuntaTy terms aud the city
| painted ~ n rendezvous for bTuisers
anu other law breakers.
To the painting VI this decidedly
dark picture Attorney slfaup respond.
oi with argument AMI irony ana sad
until nov he hA1 considered Salt Lake
n comparatively safe and quiet city.
Suddenly his eplaion had been shat
tered by Mr. Waite appearing on tho
stage o. great moral fefOfmer. This
Characterization seemed In no way to
| discomfort tue assistant prosecutor and
there were no evidences Of 81 feeling
maniiest. Tho case was the first ono
taken up this morning aud opened with
tbs following o3lIIquy;
Attorney straup-It 10 difiicuil 10
understand the crime tougnt TO DO
established In this complaint. 1 pre-
sumo Il " murder In the fret degree,
though | would like ~ ask counsel tot
prosecution whether or not l am cor.
rect. The question IL ptopound6d
wholly with view 10 facilitating mat.
tefs.
Attorney waitt-In drawing the
complaint we felt that II was not with
In our province 10 designate the degree
o. crime committed, My personal idea
IL that there was no reconciliation;
that there were none VI tue essences OF
the gtavcr crimes. But n JuTies,
courts aud officers do their duty--thelT
full uuty 10 the end, Ia my opinion,
Thompson will stand convicted OF in-
voluntary granddaughter.
The Cguft-Ghat would seem TO be
true as there has been no testimony
showing malice or premeditAtion.
ATTORNEY sTBAuP's ARGUMENT.
Attorney straup then proceeded
with bis argument. Whatever, he
said, was dOue before the Salt Lsks
Athletic club was done In private,
members only, IN addition 10 officers
anu newspaper men, being extended
the privilege Of the association. Then
again, there was another point that
might be urged - tuere had been
no venue proved. The matter
therefore resolved itself into n
question whether or not tho
lh0mps0u-CAT contest was Ia giul
or unlawful. II found TO bsa prize.
fight then II would be unlawful; II Of
the contrary It should DO found to DO
what II was IN tact, u glove contest,
Iheu tho defendant Thompson, should
DO discharged. Friendly anu private
encounters IN the ring were not illegal.
Tho contest nj Issue was not prize.
iight because II was carried on In pr.
yalc.
LFXlC0uRAPHY AND LAW,
Webster anu other photographer
were quoted 10 show that n prlze.fighier
wac one who fought In public. Thea
eXtenued references was made
90 Ih5 case Il the state Of
, Louisiana vs.. the olympic oluD
wherein the slate went into
court seeking the forfeiture VI the de-
: lunlnnps charter on the ground that
the corporation committed acts ultra
yifps Of It's charter In conducting he
Hlht between COTbelt sud Sullivan.
Too statutes permitted associations 10
give "gluve contests and exhibitions
between human beings In this rooms VI
regularly chartered athletic clubs."
rnis Gaze was vigorously fought anu in
the vuI the club was successful.
Counsel read at length from Supreme
court decisions at ~ what constituted a
pTIzo highland sought to convey the Idea
thst the oue Al bar was simply u glove
CONTEXT conducted In private before
members Of the club ana officers u the
law; that there was no brutality and
thai tue death VI Carter, lamBntable "a
il was, was nothing more nor less than
nu accident; that suCh exhibitions arc
less Dangerous than iooIbsll or fencing
aud scarcely worse than tOwin <
or racing. No man should be
4 | held ie.sly responsible for an scci'
. dout. Toe unlikely might occur In a
. man taAiug a buggy ride anu no might
e 90 killed tut that Wns no reason why
! bugry riding should be prohibited as
Ueiug dangerous recreation. Inomp-
son could IN no way be held fesponsl-
. ole for his iriouu's death fOr ifleud he
5 was. Tue proper thing iot the court
TO DO, M his opinion, WAS to sustain
the melton for the discharge u the
b defendant,
: WAITE SCORES ms rolloE.
4 In reply Attorney Waite said the
oogurIvnos OF last tuesday placed tue