The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-22

when the Dolly Dimples" peoplc.
V Curry and wife Dolly" and Fred
Kicker were present for preliminary
hearing on the charge of conspiracy
TO delrnud. which was sworn 10 by
the manager OF the Standard.
Attorney A. G. Horn filed de.
murrer to the complaint on the
grounds that it did not state facts suf.
mcleht TO constitute cause of action
mat TWO counts. an indictable mic.
ueueanor and felony. were charged
III tie complaint Mr.. Horn contended
.nat m lcSSer onense growing out of
'ue same transaction was ALWAYS
'ue'seu IN the greater. and that a per-.
son could be charged with only one
ollense at the same time: that there
could be only one conviction and only
once IN jeopardy" He also contend.
ca that the allegations Of the com.
pialht did not even charge the viola
Iloh OF the contract which governed
the Dolly Dimples' contest and ont
OF which grew the alleged conspiracy
ana even If proven the violation could
not establish the commission of n
crime. Judge Horn urther said.
Even if we admit all that is charged
II is no crime to tip of the identity of
woman
In passing upon the merits OF the
demurrer the court stated that the
motion would be denied for the time
being and the case proceeded with.
The judge stated that he desired tn
look up the authorities cited in the
matter, and that he might subsequent.
ly sustain the demurrer.
william Glasmann was placed on
the ~itncs sstand and he testified n
me agreement entered into with the
Dolly Iimples" people, by which a
contest was to be entered into. which
provided that reward should he
given TO the person who could identity
Miss Dolly Dlmples. The written
agreement was introduced as cyi-
dence.
Attorney Horn objected to the intro
duction of testimony in the case on
the grounds set forth in his demurrer
Mr.. Glasmann stated further that
the rules and regulations governing
The contest were published in the
Evening Standard, and that the people
were given an opportunity to fully IN.
derstand them. The witness stated
part as IT was advertised. that after
the contest had been on ior number
OF days Miss Beatrice Musser stated
that she had captured Dolly" and
made claim TO the reward, which was
$500
The witness said Mr.. Curry and Mr..
Kicker and Mrs. Curry, or Dolly Dim
pies, were present at the time the
claim was made by Miss Musser, and
that the parties with whom he had
entered into the contract told him
that the reward had been fairly won
and that the rules governing the con.
test had been compiled with. He also
said that Dolly Dimpies" and Miss
Musser made afIidavlts to that effect
and that he wrote check in favor of
MISS Musser for $500 The check,
marked paid, was introduced in evi-
dence, as were also the afldavits.
On cross-examination. Mr. Glasmann
testified that Mrs. Curry-"Dony"-
did not sign the contract, but that she
and Miss Musser signed the afidavits
that the contest had been properly and
fairly conducted
+. j. Van Ness was the merit wit.
ness, Mr. Van Ness was formerly
an employe in the business office of
the Standard. and was working in
that capacity at the time OF the al
leged crime, but he is not now con-
nected with the Standard. He said
that Few days before the CAPTURE of
Dolly Dimples" in the Standard con.
test he was called to the room of Mr.
Kicker, one OF the defendants, at tho
Arlington hotel. Mr.. Rickers wife was
In the room when he entered, but Mr..
Kicker asked her to leave for a mo-
ment
The witness said that Mr.. Kicker
told him that the Dolly Dimples"
contests were usually pulled of on
the square. but he wanted To know If
the witness knew young woman
that could be found to capture
Dolly" Mr.. Kicker. according to the
testimony of Mr.. Van Ness, wanted
girl that would keep her mouth shut.
aud some girl whose mother would
not object TO her pulling off the stunt.
Van Ness said he told Kicker that he
thought he could get him such a girl.
He was told to go ahead and make
the deal and that everything would be
fixed up so that the girl could easily
inNh'iE DpIlS. l ne WlIDeSS stated
that the agreement between himself
and Kicker was that they, the Dolly
Dimples people, were to get 5000 of
the reward, and that he was to get the
girl for whatever he could. the bal
ance of the $500 to be used as he saw
Mt
Van Ness said he did not know at
the time who he would get to do the
job. but the next morning he hap.
pened to meet Miss Musser. and he
asked her If she would like to make
S25. She said she would and asked
him what she was To do He told her
that there would be a "frame-up" for
her TO capture Dolly Dimples," that
everything would be fixed so she
could easily identify her. She was to
get the reward money and turn it
over TO him. and he in turn, would
settle with the Dolly Dimples'
crowd Miss Musser sad she would
ask her mother about it,
When the witness saw Miss Mus.
ser again. he said that she told him
that it was all right; that her mother
would say nothing about it, Mr.. Van
| Ness said he told Kicker Of the ar
rangement and that Kicker after
wards, In the presence Of the witness.
| told Curry that, Van Ness has girl
| and everything is all fixed up Cur
ry said he was glad it had been done
Vnn Ness stated that 1t was first
| decided that the capture should he
| made at the corner of Twenty-thlrd
| street and Grant avenue, but that al
forwards It was thought best to have
the capture made at the Congress
| Dancing academy. The Dolly Dim
| Piles" combination, the witness said
were getting so per cent of the re-
ceipts Of the Congress Dancing acad'
| ennN that nlght for "DOlIy'S" appear,