The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-08-05

De held to answer, and urged the dis
missal of the defendant.
Mr.. WAITE'S APPEAL.
Mr.. Waite made a wonderful address,
in some respects. He began by stating
that, speaking for those whose duty
it IS to protect the law and see that
they are enforced, they were in a sadly
embarrassing condition and one which
they regretted to fill But they had a
duty to perform and from the perform
ance OF that duty they would not shrink.
For a long time Salt Lake city has been
the only place in the United States
which has permitted occurrences OF this
character TO take place in direct vio-
lation of the statutes. No matter what
the term may be-cam it boxing
match. or q sparring match, or prlze
fight-it is against the statute. and all
who participated in the affair were
guilty and could be punished. Counsel
said he did not care why this statute
was on the books, or who placed it
there Sufficient to say it had met with
constant violation.
At this juncture counsel read the
statute, which has already been pub
lished in these columns.
Continuing, he said there was pain
full duty imposed upon the office of
the county attorney, but while it was
a painful one it was also an impera-
tive one and must be performed.
Having thus outlined his position,
Mr.. Waite made the following remark
able declaration:
Everyone knows that in this city
thousands of Illegal acts are daily be-
ing committed, and not only are they
condoned, but we give those VINO COM
nit them an immunity from punish
in
mission. They tell US that to prosecute
the parties, to enforce the laws, which
are honored more in the breach than
in the observance would be against
public policy But laws We're made
to be obeyed, and so long as this por-
ton Of the force of the county attor-
neys office remains in the place ne
now holds, they will be enforced. He
will do his duty as he has sworn to
do it.
"Under the statute. call this spar
ring match, a boxing match or
prize fight, all who participated are
guilty of a felony.
Il believe, because L have heard it,
not that it has been in evidence IN
this case, but
Mr.. Straup-I object to counsel bring
ing in anything which has not been en-
testified to. Let him conflne hlmse1
to the evidence.
Mr. McCallum-Let him go on; let
him go on.
Mr.. Straup-Well, go on.
Mr.. Waite then continued: I say
believe. as l have heard it from so
many, that, considering his aNocatlon,
there never was whittier man, Wnite
or black, than Bob Thompson, and l
am thoroughly convinced that he is
suffering mental agony because OF the
result of this affair: but that does not
lessen his responsibility before the
law.
"T believe. too, that the witnesses in
this case have, SO far as their regard
for truth would permit shaded the
evidence in favor of the defendant.
Sensation in COURT. There seems 10
have been a sort of preconceived idea
among all of them that this was not a
prize fight. Now, sir, I believe-and
honestly. too-that Bob Thompson,
possessed as he is of great strength
and science, can take that glove there
and with a man who can neither
guard. duck or dodge, hit hard enough
to kill him on the spot" daughter All
over the house, in which Bob joined)
Counsel then related instances where
fighters had been killed, and cited
Andy Bowen and Con Riordan, the
terrible SWede," and one or two others:
Concluding, he admonished the court
as to his duty in the matter, and
urged that the defendant be held
STRAUP REPLIES.
Replying, Mr.. Straup said that he,
in common with a great many others,
had believed for many years that SALT
Lake City was a good place to live IN,
but it had remained for the prose
cutting attorney to tell him that IL was
one of the worst hi holes on eartn.
He was surprised, confounded, asq4n-
ished-iu fact, all broke UP. But
(cfangtng his method OF delivery why
does counsel make such assertions?
DOCS he not know that all over this
land every night, in all the great cities,
contests similar to this are taxing
rylace. and that, too, in public? from
the remarks of the prosecutor one
would suppose there was gong 10 De
another wave of reform
sometimes when 1 read of the
anarchistic utterances of men, the
fiery statements they make about
wrenching the government from its
foundations. l tramble for the safety
of nv country. But when L near or
think of the county attorney, all my
fear vanishes and I am again happy:
/ no longer see the dread clouds OF
internecine strife along the horizon.
All is peace" Gaughter)
attorney a drubbing on his attempt to
impeach his own witnesses. He comes
here and puts up a lot of reputable
men on the stand, and when their an
swers do not suit him he says to the
court. The testimony was shaded
Like Iago of old he says L think and I
think If these witnesses did not
speak the truth, why, with all the ma
chinery of the state at your command,
did you not issue your subpoenas and
call in those who would?"
Straup referred to the cases of Bowen
and Riordan, who died from heart dis
ease while boxing, and pointed out that
not a single conviction had resulted
from amy of the so-called killings in
boxing matches and closed with an
] appeal for dismissal.
THOMPSON HELD.
When he had completed the court
said: THE court is not required to de-
eide except as to reasonable doubt. In
this case the Defendants motion for
dismissal will be overruled."
Mr. Straup-We rest.
Mr. Waite-As to the matter of bonds
I will meet you half way.
Mr.. Straup-What do you suggest?
Mr.. Waite-That is for you to say,
not me.
Mr.. Straup-I move the defendant be
released on his own recognizance.
Mr.. Waite--Now I am willing to adj
nit of reasonable bail being given, but
that does not seem to be right.
Mr.. AIcCalium-You will remember,
Mr.. Waite that this is Thompson's
home: that he lives here.