Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-02-03
WARNER RESENTS
INSULT BY DAILY.
Attorney for Alleged Keeper Of
Gambling House Threatens
To Protect Himself.
INCIDENT IN POLICE COURT.
Judge Dichl Takes the Matter Under
Adslscmcnt Until Monday Morn.
Ing ut 10 O'Clock.

Whether or not NJ. II. Wilson is gull
~ Of running gambling house Is a
question that will not be decided nm
Ill next Monday morning at 10 o'clock.
At that time, Judge c. b. DlehI, OF
the criminal division Of the municipal
court, will render his decision. The
case was submitted to him this morn
Ing by the prosecution and the defense.
but not without heated argument, dur
Ing which there was u passage at arms
between Assistant City Attorney +, j.
DAILY and Judge Warner. associated
with w. T. Gunter. counsel for defense.
The argument OF the defense was 70
the effect that the accused had not
Qeen proved guilty OF running a
gambling house. The attorney for the
defense argued that, II gambling had
been gong on IN the Montana club, 1t
was without the knowledge or consent
Of the defendant,
COACHING CHARGED.
Answering this line Of argument. Mr.,
Daily said
"On the first day OF the trial. two
witnesses testified that they were in
vlted by Wilson to come up into the
rooms and gamble"
This statement was denied by Judge
Warner.
that on the second day no witnesses So
testified. but that was because they
did not have time, on the first day, to
be coached"
WOULD PROTECT HIMSELF
This assertion was vehemently re-
scented by Judge Warner. The latter
demanded that he be protected By the
court. saying, with eyes ablaze and
fist clenched: III the court Will not
protect me, | am prepared TO protect
myself"
Judge Diehl: yes; the court remem-
bers the testimony will say that
think the statement by Mr. DAILY is en-
tirely uncalled for. and that he had no
right to make IT,"
DALY's APOLOGY.
"Then. II / am mistaken" said Mr..
Daily, II apologize" Continuing his
argument, Mr. DAILY said
THAT gambling was going on In
these rooms there can be no doubt. The
prosecution has proved its case abso-
lutely. The defense has furnished the
evidence that gambling was being con-
Quoted there. Wilson admitted that he
ran the place; that he furnished cards
and chips; that he furnished cigars
that he furnished light and fuel. and
that he hired doorkeeper as watch
man. and that he also hired a Niger
porter. In the face OF this testimony
can It be said that the gambling which
was going on there was without the
knowledge of Wilson? | think not.
care not whether the gambling was
technical or not whether 1t was for ell
gars or for money. they did gamble,
and the city has proved that II was
conducted with the full knowledge Of
the defendant"
DECISION ON MONDAY.
Judge Diehl then stated that he
would render his decision next Monday
morning at 10 o'clock.
The case against Wilson was con-
Guided at 8 o'clock yesterday afternoon,
so far as testimony was concerned. The
only evidence of Importance was that
given by Benny" Roberts, police re-
porter for the Herald, Asked II ne
had ever been In the Montana rooming-
house. the witness stated that he had
been in the place.
TRIED TO GET IN.
Have you ever been in the club
Ioom?" asked Mr.. DAILY.
mo, sir" was the reply. II tried
on two occasions to get in but was re-
fused admittance. Asked as to his
method In seeking admittance Mr.. Rob-
er,s said:
Il went to the place on Saturday
night and knocked on the door. saw
some one through the peep-hole but
was not permitted to enter."t
Did you ever look into the club
rooms?"
Yes. on Monday night sent man
in AL as the door was opened | saw
into the room"
SAW No GAMES.
Did you see any games going on?'
mo, sir
After the evidence was all In, Mr..
Roberts stated to Mr. DAILY that he
tRoberts) sent man into the place
TO gamble; that the man did gamble
and won 1913. But, as this was not
part OF the evidence, II Is not before the
court and does not 80 into the record.