The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-09-02

The Smith gambling case was con-
cluded In the municipal court at noon
today. when, after hearing a review
of the testimony by the opposing
counsel. Judge Murphy decreed that
Il. A. Smith was guilty Of violating
section 622 of the city ordinances, but
that. under the same section. he must
AAd John T;mitb not guilty. The
Smiths were being tried for being tho
proprietors OF the Elephant gambling
house on Twenty fifth street and
every possible attempt was made by
City Attorney DcVine to prove that
the defendants were equally guilty in
the violation OF the gambling laws
The trial opened this morning with
the argument OF the CITY attorney. In
which he demanded the conviction Of
both defendants. He launched Into
his argument with review OF the
testimony to prove that the Elephant
rooms were used as a place for gam
bling. but the court relieved him of
the necessity of dwelling upon this
part OF the evidence By assuring him
that there was no doubt In the mind
of the court that gambling had been
carried on In the Smith place.
OeVlne's Argument.
Attorney DeVine then turned his at
tention to the evidence tending to con-
meet both of the defendants with the
control and management of the ~oons
In which the gambling occurred
He told of the interest which John
Smith had taken at the time of tLe
raid, and stated that il was John
Smith who demanded the receipt fer
the money and gambling Darapher-
MALTA taken from the rooms by the OF
flcers He spoke of J. 4. Lampert,
the nightwatchman at the Elephant
place. as that guardian angel vino
held the keys TO the sacred precincts
of the rooms above, the sanctum sane
forum" He told of the reluctance OF
Lampert to testify He reviewed the
Rev Mr.. Elderkin's testimony and
that of the other members of tie Bet
terment league and finished his first
argument by stating that il would be
miscarriage of justice If both OF the
defendants were not convicted
Attorney Horn made the opening
Argument for the defense. and con-
tended that there was no evidence to
connect John Smith In any manner
with the operation OF the supposed
gambling hall. He handled the prose.
cution's chief witness, Mr.. Eldsrlsin.
with rough-handed rhetoric, and
stated that no other witness but the
minister had made any statements on
the stand that would incriminatc John
Smith
elderkin is Flayed,
Rev Mr.. Elderkln is not entitled
to belief in any court of justice" pro-
claimed the defending lawyer with
gesticulat,ng emphasis He has been
contradicted by every other witness
that has taken the stand. The MAYOR
contradlcts him. the chief OF police
contradicts him and Detective Pcnder
contradicts him. Mr.. Elder[.n has
shown himself to be chara ,tcr as,
Sassin. willing TO tear down the char.
acterS of other men in order to ae.
Grandize himself His ambition was
to eXaggeratc himsof above every
body else. In the words thlc were
used in certain case in the east he
mas an exaggerated ego He saw
things In the Elephant clu0 rooms
that no one else saw But Mir. Elder.
KIN is no fool-he did not cO:ua into
this court in order to stop gambling
or 10 convict these men OF gambling,
but to cover himself with glory. His
evidence should not be accepted by
TINS court in this case
Attorney Johnson Of the counsel
Tor the defense followed Attorney
Horns argument with a short plea.
stating 10 the court that there was
no sufficient evidence produced by
tne prosecution TO warrant the con
Flction of John Smith, even though Z
"A. Smith might be found guilty,
Defense Of Minister
In the concluding argument Of the
prosecution, Attorney De Vine scored
the counsel OF the defense for the
attack on the Rev Mr.. Elderkin and
told the court that the evidence OF
the minister could not be eliminated
from the case,
Because Mr.. Elderkin's opinion on
wee does not correspond with Judge
horns opinion IS no reason that the
minister's character should he
maligned by the defense" argued At /
t1rney DeVine Nor is it any reason |
Why his testimony should be discred- !
ited In this court Mr Elderkin is a
man who Is following what he believ- /.
ed 10 be right and ne Is fighting for (
nl3 beliefs Ip 90 n thiD0s that 9TH. I