The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1908-01-16
U|TY OF
| GAMBLING! !!
the Gambling Case Against
John Benedict and Yum QuOy
Jury Finds Guilty.

(he case against John Benedict
Yum Quoy on the charge OF
1bling came before Judge Steel
urday morning at 10 O'Clock. f.
Hagen was the complaining wit.
5, and filed the information,
ich led to their arrest. Judge
clair in the abseuce of the county
orney. vas the attorney for the
secution. George W. Noble was
ployed by the defense. The fol-
ing we're the jury: Messrs. Caples,
high. Fulton, Stroud, Woodworth
Mason.
rhe information alleged that
nbling was going on in the Buck
rn saloon on a certain date in
|cember, presumably on the 9Th of
|cember. The prosecution did not
ecrise the right of peremptory
allenge and the defense only one of
four. The attorney for the de-
bse did not ask the jurymen who
IS their maternal grandmother, but
Sisted upon knowing their politics.
ssibly Mr.. Noble knew his reasons
asking these questions, but 1t
IS the first tilre we knew that a
In, because he was either demo-
1t or republican would hinder him
bm giving an honest verdict in a
1rt of law. The questioning
ought out the fact that two repub-
ans, two democrats one socialist
I'd one independent democrat COM
|sed the jury.
EThe first witness on the stand was
A. Hagen, who swore that he
ayed stud poker in the Buck Horn
loon December s, which was on
bnday and IN that game were the
10 defendants as well as two ol
rec other parties whom he did not
bow. This witness gave his evi'
knce in such straightforward
anner that he evidently convinced
be jury he was telling tue truth.
he attorney for the defense put hiu
brough most rigid cross examina
ION In an effort to destroy The
eight of his testimony, but his tes
mony was most conclusive. As
brroborative piece Of evidence in
brmation was introduced in thu
bape OF inform alton concerning
heck.
James Gibbs, AL Jinegar and Jacl
lack were subpoenaed by the prose
Gtion, but their evidence was OF
ature to counteract the influence o
be evidence OF the prosecution wit
|esS. The complaining witness tes
lied that James Gibbs was presen
|uring the time the game was goinI
|n, but he swore that he did no
bme on until after the midnigh
Jour Sunday night. AL Jinega
Rated that he was not 10 the saloo
)nly in the morning cleaning up th
>ackbar. Blacks evidence was |
difference to the issuing Of the check
This closed the case of the prose
|ution. The defense created som
|urprise by stating that they had n
Eitnesses to put on the stand a
hough it was supposed the two d.
endants would be placed on tt
(tand to testify In their own defens'
Judge Sinclair merely stated to I'll
ury, in his opening plea. the grouDo
pom which they desired verdic
'he attorney for the defense col
umed considerable time in the cau'
4 his arguments for bis clients, bI
he most of his remarks were devote
o the abuse Of the complaining vi
bess. In closing Judge Sincla
made very dignified talk Of but
lew minutes when the case W
burned over to the jury.
The jury was out but few mi
ntes when they returned with We
hict of guilty as charged in q
complaint. - The first ballot sto
fye for conviction and one for a
luittal, the second ballot witho
any change. In cases of this natu
live can return a verdict. The Jud
adjourned court until Monday NOR
ing at 10 O'Clock, when he would
Feady to pronounce sentence.