The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-02-04
LAWYERS CLENCH
FISTS IN COURT
Judge Warner and Prosecutor DAILY
Have Hot Passage at
Arms.
COMES IN GAMBLING CASE
JUDGE DIEHL WILL RENDER HIS
VERDICT TOMORROW.

Clenched fists and angry words figured
in the argument of the case of III. H.
Wilson, charged with conducting a gamb-
ling house in the Montana house, 43 East
Second South street. before Judge c. B.
Diehl in the city court yesterday. As
sistant City Attorney P. ]. Daily insin-
uated that Judge NJ. NJ. Warner, chief
counsel for the defense had coached wit
nesses,
Judge DiehI interposed and asked an
apology from Attorney DAILY.
II remember the testimony in court -
Judge Diehl said when Judge Warner
arose and demanded the protection of
the court. 'I will saw that I think the
statement by Mr.. DAILY is untireIy Un IN
called for and that he had no right to
IF I am mistaken" Mr.. Daily said
then 1 offer an apology"
The arguments were resumed after this
disturbance had quoted, but after court
Attorney DAILY was faced in his office
ses in the case, who took offence at the
way the gambling fraternity was han
died in his arguments. Gillespie wanted
II understood that he was as good as
anybody else, and flourished his fist close
TO Attorney Days nose. No blows were
struck and Gillespie left the city hall
with the rest of his friends.
Claims Guilt Is Not Proven.
The argument for the defense was
made TO the effect that the accused had
not been proven guilty of running a gam
bling house. They argued that if gam
bling was going on in the house it was
without the knowledge and consent of
the defendant
Mr.. DAILY took up this line of argument
and said:
THE first day Of the trial two witness
ses said that they were invited by Will
son TO come up to the rooms and gam
BILE"
Judge Warner arose and denied the
statement and asked that the court re
fer to the notes.
''It is true" Mr. DAILY continued. ad-
dressing his remarks to 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
1t was at this point that Judge War
ner arose and denapded the protection of
eff the court will not protect me. I am
prepared to protect myself he excIaim-
ed, and the spectators looked for some
thing not on the usual docket to start
but Judge Diehl raped on his desk and
intsrfered-
Says Guilt Is Clear.
In continuing his argument Attorney
DAILY said:
rooms there can be no doubt. The prose-
cutton has proved its case absolutely
The defense has furnished the evidence
that gambling was being conducted
there. Wilson admitted that he ran the
place; that he furnished cards and chips
that he furnished cigars; that he fur
nished light and fuel, and that he hired
a doOrkeeper as a Waterman, and that
he also hired a Niger porter. In the
face of this testimony, can il be said
that the gambling which was going on
there was without the knowledge Of Viii
son I think not. care not whether
the gambling was technical of not; whe-
Their it was for cigars or for money. they
did gamble, and the city has proved that
it was conducted with the full knowledge
Of the defendant"
II want to say to Mr.. Wilson and 9TH
ers Of his Tx that gambling will not be
permitted IN Salt Lake City. There is a
bar upon it, and will be as long as there
is a police department to sustain it. It
he thinks he will be permitted to ply his
nefar1ous business in this city, he is mis-
taken. There Will be no gambling here
as long as am able to protest against
it"
'SThey. tried to show in this trial that
Wilson is a philanthropist," continued
runs a sort Of hospital, a rest cure for
broken down, decrepit boosters to while
away their time in
Judge Diehl took the case under ad-
visement after the close of the argu-
ments and will render his decision at 10
O'Clock tomorrow morning.