Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-10-08
SOME POINTED
QUESTIONS ASKED.
Mr. Walker Wants Something Ex-
planned in Drug Store To-
baccO Case.
THINKS SOMETHING IS WRONG.
Chance for Officials to Tell Why the
Case Fell to the Ground With.
out Prosecution.

Mr. Charles A. Walker sent the fol-
lowing communication to the "News'
today with a request for publication:
on Monday, Sept. q, at about Is min
utes Of o'clock a, me- Frank Walker
~ years old, purchased of Arthur
Coombs, clerk Of the Lloyd Drug com
pony. corner Seventh East and Seventh
South, three cigars, paying Ave cents
for said cigars
on asking for the cigars the clerk
asked the boy who they were for and
was told FOR a man who lives near our
house"
After this statement the clerk gave
him the cigars and he Immediately
started for the Hamilton school, and
after school had commenced obtained
permission TO go outside, and going to
the closet III one of the cigars, smoked
a part Of It and then gave the balance
TO boy by the name Of John GreaVes.
AS this was his first attempt at
smoking, II made him very sick, and
he came home. Mrs. Walker, the boys
mother, went over to the Hamilton
school and found the other two cigars
In his desk. The same afternoon Mrs.
Walker went to the office of the coun-
~ attorney and stated the case to Mr..
Whitaker, assistant county attorney,
who advised her that II would be better
for her to get more evidence In order
to strengthen the case ON Thursday
morning, Sept "a, at about 10 minutes
of . O'clock, the boy again went to
Lloyd's drug store and asked the clerk,
Arthur COMBS, for three more cigars.
and on being asked who they were for,
said for Mr.. whitaker and they
were Immediately handed to him upon
payment Of five cents, The sale Of the
cigars TO the boy was witnessed by
Mrs. p, A. Simpkin, who Immediately
asked young Coombs II he had sold
them TO Frank, AMI he replied, Yes,
ma'am.' She then said to him, That
Il all | want to know"
on Friday morning, Sept 70, Mrs
Walker accompanied by Mrs simpkin,
again went TO the county attorneys Of
nee and the case was stated as above
to Mr., Whitaker, who then drew up
the complaint.
warrant was placed In the hands
OF the sheriff on Sept 20, and served on
Messrs. Lloyd s. COMBS on Sept, 20,
This was the last that was heard Of
the matter until about 10 minutes to
10 o'clock, Friday morning, Oct 2,
when Deputy Sheriff Steele found my
wife az the residence OF Mr.. T.. A.
Simpkln, Seventh East and sixth South
street and notified her that the case
was set for 10 o'clock A. m. that date.
As the boy was at school and could not
be reached for some little time Mrs.
Walker Immediately went TO Judge
Diehl's court reaching there about
1920 a. M, oct, 2, and as the boy was
not present Judge Dlehl postponed the
case until 2 p. m. oct, 2.
On the case coming up In the after
noon, Frank Walker was sworn and the
assistant county attorney, Dana Smith,
proceeded to ask the boy the following
questions: His name his residence,
how old, did he know the Messrs Wal
ter Lloyd and Arthur Coombs, what did
they do, what did you do? Answers;
Fought some cigars How many2"
Three" what price" etc, lie then
asked the date, Answer: Sept. a."
Then he said to the boy THAT was n
week ago Saturday The assistant coun-
~ attorney on being told by Mrs Slmp-
kin that the calendar in front of him
was an October calendar paid no at
tentlon and twice thereafter asked the
boy II Il was not a week ago Saturday.
but the boy answered Il was Thursday,
Sept. Is. II would seem 10 an observer
that the assistant county attorney was
the defendants lawyer and was cross
examining the complaining witness.
About the next question he was asked
was, What did you say to him?" Told
him ] wanted the cigars for Mr. Whit
taker' lie then asked him II he ever
bought cigars there before, 10 which
DEFENDANTS attorney objected, but f.
nally allowed II 10 go in. Az
ter all these questions, which ala
not seem relevant to the case,
the assistant county attorney
moved to dismiss the case, which was
done by the court and the court Imme-
diately adjourned.
on adjournment Of the court. pro-
tests We're made TO the assistant coun-
" attorney by Mrs, Walker and Mrs.
Simphn upon the dismissal OF the case.
and he said; II am not to blame, there
was an error IN the way the complaint
was made out as II was under the old
law OF 1895" He also said that the
crime had not been committed as the
boy said the cigars were for Mr.. Whit
taker Mrs Walker, the plaintiff was
unable TO see MIR. Dana smith before
the case was called, although he pro-
missed 10 come Into Judge Dlehrs pri-
waite Office whore Mrs, Walker was
waiting, and talk the case over with her
before IL came NJ while the court was
trying several city cases, Mrs. Walker
was given this information by Deputy
Sheriff Steele but Mr., Smith did not
come into Judge Diehls office but staid
An the court room,
From an article which appeared IN
the Deserct News ON Saturday evening.
Oct, 3. and which was headed "Blames
The Preacher and which stated that
the reason the case was dismissed was
on account Of Mrs, G, A. Walker and
Rev. T. A. Slmpkin instructing the
boy to 80 and buy the cigars and 20
ten the party OF whom he obtained
them that the cigars were for Mr..
Whltlker We have reasons to be-
lleNe that MI Smith had been talking
WIN me defendants before the case
came NJ as there was no testimony
brought out to indicate that nnvthlng
OF the kind had been done, and the de-
PENDANTS must have given such infor-
nation 10 Mr.. Smith, as he, Mr.. Smith.
had no talk whatever with the plain
TN. We would Ike to know why the
subpoenaa IN this case were served only
IL minutes before the case was to come
up for trial? We would Ike 10 know
why the case was dismissed? We
would like to have the number Of the
section In the statute book Of the laws
OF Utah on which the grounds for dis.
missal are based.