Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-09-06

ceeding and the jury and witness Were
asked to step from the room while tnS
'point at issue was argued before the
court. The position of the defense was
sustained
Witness stated that he could not re-
member whether he saw any gambling
game. but there might have been
solo game or some other game for pas
time or drinks. County Attorney
Needham then asked:
"Were YOU not engaged in game OF
blackjack on the night of July 81"
Witness stated that to the best OF
his knowledge he was not; that ne II
not a gambler. -
! MI Needham asked: isn't IL Iacb
that on the night of July you ana
/ Tom Bowen. Charles Shields ana
others were engaged in a game OF
blackjack"
Witness answered that he did not
recall seeing the men mentioned
Witness was excused.
Charles Shields was the next witness
\ for the state. He stated that to the
( best of his knowledge he was not In
$ the saloon OF the defendants upon the
= evening of July s. at which time they
D are charged with conducting gambling
games
q This answer was brought out by
n ouestion from County Attorney Need
e ham.
~ Witness said he had been talked to
N bv Mr.. Needham and Marshal Conwen
~ relative to what he would testify to in
y this case.
Tuif
III examination
ne Richard Con}en. town marshal OF
n Culdesac, was the next witness Tor the
re- state.
nd He stated he was in the Idle Hour
- saloon on the evening of July 8. Har-
n rv Hughie. Tom Boice, Charles Shields,
ia w. F.. Brown and j. I. Campbell were
r. in the saloon at the time he was there
+a He said he saw Tom Boice dealing
tventv-one. or blackjack; did not no.
tice which it was Said Shields and
"a Brown were at the table playing and
,,, that there was a bankrol in front or
40 the dealer and the money was passing
div back and forth between the players.
ed At this point witness went into de-
tails in explaining the difference peH
tween the two games. ''>>"-
On cross examination witness said
Campbell went with him to the saloon:
that they met on the street. Did not
make any protests against the gam
III bling and that he did not file the coma
plant until July 2S or about that date
Attorney Tannahill here attempted
to bring out how long after the witness
was removed from office by the village
-1zfpn
lIg against the defendants.
Objection by county attorney. Sus-
tanned. 80 .esi4slt 81. sE+TF-
Attorney Tannahn stated that HI
desired to bring out by the witness
that the prosecution was stimulated
by personal malice, but that the rul
ings of the court would not permit il
,ts ]. T. Campbell was recalled to iden
raft tify a written statement relative e
in what he saw the night he visited tn,
saloon.
,ono The state here rested its case
,ar- Attorney G. w. TannahilI moved fol
,or+ dismissal of the case upon the
grounds that the state had failed to
irst prove it's case and that no evidence
for had been submitted to show that the
for knowledge OF game running in the
,ird saloon.
and County Attorney Needham held that
ned 1t was not necessary under the statute
hen the prove that either of the defendants
ed were present at the time the game is
the ALLEGED to have been running
At The motion of Attorney Tannahill
ase was denid
the Marshal Conwell, being recalled,
na- stated that he had discussed the Gull
ar desac cases with Chief of Police Hayes
sed of Lewiston and perhaps had said that
the the Pratt Bros. must have thought he
att was damn fool If they could interfere
with his business and him not blow
cir back
John Melete stated he was restau-
of rant keeper and had been resident Of
red Culdesac for Is months. He said he
on was in the saloon on the night of July
file s and did not see any gambling game.
uly but saw a solo game.
le- A. j. Boyer, butcher at Culdesac,
,il- said he was in the Pratt saloon on the
nts night of July of this year but did not
Mr.. see any gambling or any card game OF
ere any kind as he remembers
BILE James Hayes. chief of police of Lew
iston, stated that on Tuesday evening
vas he had a conversation with Richard
Vas Conwell at which time Conwell had
of made the statement which was at
ge. tributed to him by Attorney Tannahin
he when Conwell was recalled to the
stand.