The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-08-25

have Been rendered to the recipient
as n gift. This shows that even this
witness, who has had so much exper-
ience In gambling, did not know posi-
lively that there was gambling going
on In the rooms at the time charged.
There is an absolute failure on the
part OF the state to prove that gam
bling was being carried on
The attorney cited various rulings
of the higher courts In cases OF a
similar character Attorney Johnson
discussed the complaint charging the
men with violation Of city ordinance
622, and contendcd that there was no
evidence to show that either Of tho
defendants owned or rented knowing
ly the rooms in which the alleged
gambling was being conducted.
There Is no more evidence TO con
meet the defendants with the Suppos-
ed gambling In the room than there
would he TO connect the Rev. Mr.. Ell
derkln with the gambling flared AT
torney Johnson yengefully, dragging
the minister's name into the case and
attempting to present the reformer'S
life in the southwest as that OF
"Santin SandeTson" "Mr ElderHn
was in the room a number OF times
and there Is no evidence to show that
the defendants were in the room at
all And Mr.. EldeTkIn seems to kno@
as much about gambling as either OF
the defendants" continued the de-
Tending lawyer
%No one has Swore that he won or
lost a cent playing with Mr.. Watt or
with Mr. Tyree and the court cannot
convict these men on the evidence
which the state has produced,
Attorney Devine stated that there
was evidence that Mr.. Watt owns
and controls the fixtures at the place
in question
"Mr. Watt" said the prosecuting
attorney. controls the ngrcss and
egress to the gambling rooms and
he leases the place from It's owner.
He has the license to conduct the sa-
loon below the gambling house The
testimony OF Mr. Kelly shows that
the defendants hold the leases to both
the upper and lower rooms at 326
Twenty-ffth street and witnesses
have sworn that gambling was going
on in these rooms on the night OF
August 3. The court cannot reject
Gus The defendants hold tho
duplicate lease and the or
ieinal Is out OF the
Jurisdiction OF this court. and It is
therefore necessary that the state
mcnts of Mr. Kelly regarding this pa
per be accepted by the court"
The prosecution reviewed the testI
mony Of the various witnesses, tend
ing to prove that there was gambling
going on in the Turf rooms At the
conclusion of the city attorneys argu-
ment the court stated that he would
rot render his decision until he had
looked up some legal points Just
when the decision OF the court Will be
delivered cannot be determined. as he
set no time for stating It,
The case against John We >.
charged with violating the gambl.
ordinance. was dismissed on request
of the city attorney. who acknowl.
edged that. he had been unable TO sc,
cure sufficient evidence to convict the
defendant
The case against ]. F. Smith and
f, a. Smith. proprietors of the Ele-
phant club rooms, where gambling is
said to- be conducted, will be started
tomorrow morning. IL is expected
that this VIII be the most important
of all the gambling cases TO come be
fore the court, and 1t is probable that
more witnesses will be examined than
in any of the other cases In the pres
ent crusade of the bettcrment league