The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-05-28
CITY ATTORNEY
ABAND0NS PITT
IN LIQUOR CASES
Continued from page I

a conviction in the, case. and declared
that the action was begun by the chleI OF
police not to enforce the law, but for
his personal Qualification. Weber and Pitt
have been warm political friends. TWO
years ago the American party fought
hard TO secure the election of Weber as
county attorney and Pitt as sheriff
Judge Webers motion was made on the
grounds that the proof IN the case was
81 variance with the complaint and that
the only testimony submitted 10 show
that a crime had been committed was
the ncorrObOrated evidence Of two ac-
completes.
II was on the ground that the city had
induced the offenders TO commit the
ayime charged and that the purchasers of
&c liquor were accOmplices and that their
evidence was uncorroborated that Judge
Weber made his strongest argument
Judge Weber was followed by 5. p
Armstrong, who referred TO d great many
authorities on the subject and submit
ted them 10 the court
Mr. Rogers then made an exceptionally
clever argument for the prosecution IN
opposition 10 the motion.
Judge Weber has said so much about
the evil of 'snOtters,' stool pigeons ana
the like" he began, that J cannot re
sist the temptation TO unload on 10 him
the decision of an authority that / had
not intended 10 read / haven't quite
figured out what was the matter with
the judge when he wrote IL. II is with
Judge Diehl began to get alarmed. He
looked at his watch and admonished the
city prosecutor.
Remember Mr. Rogers he said,
that while you're unloading il oH 10 the
attorneys for the defense you are also
unloading il on to me-.
This created much amusement in the
court room, but did not deter the prose
cutor from reading IL. The judge de-
clared that the timc-honOred plea of the
offender has always been: THE serpent
tempted me and l fell
Contention of Rogers.
Continuing. Mr.. Rogerts defended ably
the action of Chief Pit tin sending cm-
nloves not known to saloon men to Sc
cure the evidence against Them and
showed how il was practically impos-
sible 10 secure the evidence necessary
10 convict except by the method em-
nloved by the chief of police lie also de-
clared that with the exception of a few
states ia the Union all Of the courts, in
Gliding the United States courts. had de-
cided that in liquor cases the corroboTa-
ti0n OF the testimony of an acCOmpliCe
Attorney soren Y Christensen followed
for the defense with an attack on the
methods employed by the chief IN col
lcCting the evidence against the saloon
keepers.
Al the conclusion of the argument Judge
Diehl announced that the question before
him was such an involved one and re-
uuired so much investigation of the au-
thorities that he would be unable TO fix
a date for the rendering of his decision
By consent. the other saloon cases were
continued until after the court rules on
the motion 10 dismiss. In case the de-
-cision is favorable 10 the saloon men all
Of the other cases sgainst the saloon
keepers will be dismissed. since the same
question of law is involved in each one I
After court had adjourned Chief Pitt
said that he was of the opinion that if
The saloon keepers should secure ii dis
missal Of the cases he would decline to
grant new licenses 10 those who have
been arrested for violating the Sunday
closing law.