The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-08-31

Whether or not the Betterment
league may gain what II deems VIC
tory In the present crusade against
regulated gambling in Ogden, II IS
certain that City Attorney J. H De-
vine intends TO prove that there are
gambling houses operated In this CITY.
So evident is the fact being made by
the prosecution In the Smith case,
now being tried in the municipal
court that it is doubtful II the coun-
sci for the defendants will attempt to
combat that theory.
The third days session OF the Ele
pbant house bearing opened this
morning with the recalling OF ]. \.
hampert, hall guard at the alleged
gambling house LampeTt reiterated
that he is employed as nlghtwatchman
at the Elephant saloon. and that he
also guards the ingress Of the Club
rooms" above the buffet He proved
to be more forgetful. if possible, than
when he was on the stand yesterday
IAmpert has what might be termed
nm uncertain memory-a memory that
breaks and balks, which one moment
goes at q gallop and Immediately
thereafter takes an hour 10 pass n
given point; and yet withal mem
ory that appeared quite satisfactory TO
the defense. The witnesses twitched
brow hesitations. together with his
palpable eyasionS of Attorney De-
vines question: were many.
Why do you hesitate In answering
my question:" asked the prosecuting
attorney, while Lampert distorted his
features and moved his hands ner-
vously
II am trying to answer your ques-
ton correctly. and just can't remem-
her" was the reply. and the witnesses
face resumed It's normal SecretiVe eX-
preston.
The prosecution forced the watch
man to- admit that he had seen cards
and chips in the Club rooms" and
that he had seen the different de
vices there that are commonly used
for gambling. With these admissions
Lampert was permitted TO leave the
stand, as there was no cross-eXamina-
tIon-
Captain c. C. Brown was called to
the stand and told the story of the
raid. He stated that he had seen a
roulette wheel in the room and that
there were a faro bank and other
gambling paraphernalia there ut the
time cf the raid He told of the con
hscattoa Of certain gambling devices
and OF between two and three hun
Gred dollars in money He said that
the officers had been refused admit
tance TO the place on the night of
the raid and that IL was necessary
10 force the doors in order to gain
entrance TO the rooms. He saw the
two defendants, John Smith and f
a Smith, in the room.
What was said to you by the de-
PENDANTS at the time of the raid.
Captain" was asked by Attorney De
Vine.
John Smith asked me for a receipt
Tor the money" replied the officer.
Did you give him the receipt?"
u think ] gave the receipt To Z.
A. Smith We counted the money
together and | signed my name to
paper stating the amount taken [
am sure it was r. A. Smith that |
gave the receipt to-"
In the cross-eXamination oil Captain
Brown Attorney Horn attempted to
Criticise the officer for the forcing OF
'h' upSlf uut llS court Iultu llaI the
manner of making the arrest was not
Of sufficient consequence to be ad-
mitted as evidence
REV. y S. Elderllin stated through
the papers that The gambling devices
which were taken from the Elephant
rooms had been returned TO the gamb.
lers so that they might be used durf
ing the Interval of time between the
raid and the trial Is this true. Cap
tain Brown" asked the inouisitor
The question was objected to by the
prosecution but was admitted by the
court.
NO. sir; it is not true" the police
captain answered.
James Drysdale, a special police.
man on the night of the raid. took
the witness stand and told the story
OF the raid. He stated that he had
been sent TO the room prior TO the