The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-08-25
IN HANDS
OF JUDGE MURPHY
Decision Gambling Rooms Turf Saloon to
Co-defendant Dismissed Under Advsemen-
Arguments ConcSded at Noon-Kely Again Stand

1t now rests with Judge Murphy
10 determine whether rnot there
has been gambling conducted In the
rooms over the Turf saloon on TTen-
ty-tiith street and II such gambling
was controlled by j. c. Watt and
Richard Tyree. The case against John
Doe Johnson. codefendant with Watt
and Gyrce, was dismissed this morn
ing by the municipal court judge and
the case against the other alleged
proprietors OF a gambling house has
been taken under advisement. the eX
animation OF witnesses and the argu-
ments OF the attorneys being conclud
ed at noon today
The only additional evidence Of
fered in the case today was that of
George ]. Kelly. the real estate eyi-
5ence, who was FIRST In the witness
stand yesterday morning and who
promised to bring into court today all
correspondence relative TO the leases
under which the building occupied
by the Turf saloon Is now being held
Nlr Kelly with his file of letters did
not prove as good a witness for the
prosecution as IL was expected he
would. Court rulings and aphasia on
the part of the Witness baked the
attempts of City Attorney Devine to
extract from Mr.. Kelly information
OF a positive nature
The witness made answer to the
queries, put inquallfylng terms, eva
slye enough TO be not altogether sat
isfactory to the prosecution. He
stated that the saloon property in
question Is owned by John Harris of
Butte, Mont. and would not admit
positively that he is acting as Mr.
Harris's agent as regards this partIc-
ular building
He stated that there are two leases
in existence pertaining to the rental
OF the building at 326 Twenty fifth
street and that the original OF these
| papers are in the hands OF Mr.. Har-
ms, but that copies oil the leases are
held by the lessees. One covering
the ground floor IS held bY Mr.
Watt
ITO whom was the second OF these
leases given, Mr. Kelly?" was asked
ly Attorney Devine.
= There WAS objection to this Ques-
ton by the defense and a doubt ap-
Ieal 10 the court by the counselS
The city attorney asked the defense
ii it would produce the duplicates OF
the leases and Attorney Johnson
eluntly stated that the duplicates
would not be produced. The prosecu-
ton then made a strong appeal to
the court to admit secondary evidence
as/ to what was in the document and
the judge agreed to allow the witness
To tell the contents of the lease. with
the provlso that he might later de
eide TO strike out that part of Kelly
evidence Kelly stated that the sec
ond lease was made out to Mr. Tyree
What was the contents OF this
seconI lease" was the next question
put to the witness by the city at
torney.
1T was just an ordinary lease,
renting the upper rooms of the build
lng to Mr.. Tyree at % per months"
What did II say that the room was
to be leased Tor. Mr. Kelly?'
An objection to this question was
overruled by the bench and Mr. Kel-
ly made answer:
1T was for saloon purposes, I
think"
DO you know 1t was for saloon
purposes"
believe SOL know 1t was not for
gambling purposes"
With the conclusion of MI Kel-
ly's testimony the prosecution
rested and the defense stated thai
be produced by the defendants. The
defense asked that the case against
Johnson be dismissed for lack OF evi
dence connecting him with the charge
of gambling The prosecution offered
no objection to the request of the de-
fense and the court ruled that John
son be declared not guilty.
Attorney Horn opened an argument
asking for the eXoneTation OF Mr..
Watt because of a lack of evidence
connecting him with the offense in
question. Objections by the prosecu-
tion to the action OF the defense in
attempting to indlyidualize the cases
were sustained by the court and the
defense opened lis argument for both
OF the defendants. Attorney Horn
contended that there WAS no more ey-
idence connecting Mr. Watt with the
supposed gambling in the rooms over
his saloon than there would be In
connecting Mr. Haywood with a game
of chance in the Weber club, because
he was In the bank building below.
There has been no competent
proof produced TO show that there has
been any gambling in the Turf room,'
declared Attorney Horn. very en-
phatically THE concluding state
ment Of Elderkin. the expert on gam
bling, was that the money Which he
saw change hands in the rooms might