Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-07-14
T|RESOME GRIND
IN POLICE COURT
Judge DiehI Gives Beggar Fifty
Days for Abusing
Child.
PERJURY in FIGHT CASE
Court Unable TO Unravcl Difficulty AT
Lagoon Depot Because of Con-
filcting Testimony.

The chief attraction at the morning
performance of Judge O. b. Diehls
court today was the case of the city VS..
Teddy Bath and J. Jones, two young
men residing on the west side charged
With battery upon one Robert Baer.
The case was a hard fought one and
for exactly two hours counsel for the
prosecution and the defense parted
and thrust In the hot and suffocating
old courtroom, and when the case final
~ terminated at II o'clock there was a
rush on the part of spectators and wit
nessese for places where electric fans
abound and where something cool could
be had, Judge Diehl was not so for
tunate, as he had to listen to other
cases and swelter through the heat.
Baer alleged that he and n companion
were passing the Lagoon depot at mid
night last Saturday and that four
young men We're sitting on a bench,
among them being the defendants. Baer
swore that one of the young men asked
him to buy drink, and when he re-
fused the young man abused him, cal
ling him vile names and then attacked
him. Baer's face bore marks that in
dicated he had gone up against either
huzzsaw or a sausage machine, bur
from close observation one would come
to the conclusion that the wounds were
inflicted prior to the date alleged in the
complaint. He declared that when
Jones attacked him a dozen more
bounced upon him and beat him UNI
mercifully. He stated, however, that he
was not knocked down. During the
row Officer Tinges appeared on the
scene and arrested Bath, Jones and
Baer.
WE'RE EATING PEANUTS.
When the defendants took the stand
they swore that they were sitting on a
bench eating peanuts when Baer and
another man came along and Baer de-
handed:
What are you kids doing taere?"
None o. your business" replied
Jones. Then, according to the defend
ants. Baer struck young Jones and the
latter struck back. Bath came to
Jones assistance and was chokcd for
his pains by Baer Then the bluecoat
arrived and the fight stopped.
The testimony of the two young men
was coroborated by two other witnesses
who happened to be passing at the time
of the squabble
Atty, James F.. Smith for the defense
contended that there was merely a fight
and that the accused We're not guilty
of battery. Asst. City Atty. A. h.
Rogers contended that the young men
We're guilty of battery. After all the
evidence was in counsel prepared for
argument but Judge Diehl had had
enough of 1t and stated that he did not
care to listen TO any orations on the
matter
That there was row there between
the complainant and the defendants
there can be no doubt whatever" said
Judge Dlehl And It is also quite APP
parent that there has been some per-
jury in this case. In fact it seems
that we cannot try these sort OF cases
any more without some one commit
ting perjury. The evidence In this case,
however, shows that there was a fight
of some kind but does not show that the
defendants committed battery and they
will be found not guilty and dis
charged"
BARTENDER GUILTY.
If a bartender at work In a saloon
strikes another person over the head
with beer glass because the latter
walks behind the bar without permis-
sion, the bartender Is guilty of battery.
So decided Judge Diehl in the case of
the city VS.. Loui Pens, charged with
battery upon II. j. Salmon. The latter
walked behind the bar at the RED
Onion saloon in Commercial street Fri
day night and Pens hit him on the head
with Il beer glass, inflicting a cut three
inches long. The case was tried yes
terday and Atty. Wooten, called about
police headquarters MT. Pelee Woo
that Pens would have been justified had
he killed Salmon. Judge Diehl took a
different view Of the matter in render
ing his decision this morning and found
Pens guilty of battery He sentenced
the man 10 pay fine of SIS or serve Is |
days in jail. Wooten gave notice of an
appeal and stay OF execution was
granted, the bail being fixed in the
sum of $50.
CARR WAS DISAPPOINTED
John A. Carr is a cripple, a man with
one leg, but according to statements
made in court this morning he is pos
sessed of a most vicious nature. He was
arrested yesterday afternoon on the
charge of vagraucy and pleaded guilty
In the hope OF getting fioater TO get |
out OF town. II was shown that the |
fellow begged from various persons and
those who refused to give him aims were
roundly abused. He went into drug
store and asked a little girl seated at |
the soda water counter for money. |
When the child refused to give him |
money he abused her and SELLING the |
child, tried to take some small change |
away from her. Judge Diehl promptly |
gave the man SO days on the rock pile |
where he VIII have the pleasure of cur |
rylng water for the other prisoners.