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Show l a. sMirfn is " FOUND GUILTY But John Smith Is Declared Not Guilty by Judge Murphy in the Gambling Cases Attorney Horn Declares Rev, Elderkin is Not Worthy of Belief. been open; what they would have seen In the F.lcphant rooms had they not been in a coma at the time of the visit, 'If John Smith Is not equally guilty guil-ty with II A. Smith, why did he ask for the receipt for the money taken from the gambling rooms by the police po-lice on the night of thn raid? Why did he go to Mayor Clasmnnn after tho raid and ask that ambiguous question, 'What does this mean?' If ho Is not equally guilty why was he seen In tho gambling rooms by Witness Wit-ness LSurkce repairing the lock on One of the gambling tables?" Iu rendering his decision, Judg Murphy stated that there had not been sufficient evidence produced by the prosecution to warrant him in convicting ohn Smith, but that he would find K. A Smith guilty and that he would defer passing soptenco on the defendant until a later time. "Minnie" the Elephant Invites the children on the stage to Yisit her at the Matinee Saturday l : Tho Smith gambling case vns concluded con-cluded In the municipal court at noon todav, when, after hearing a review of the testimony by the opposing counsel. Judge Murphv decreed that E. A. Smith was guilty of violating section f,22 of the city ordinances, but that, under the same section, he must fVicI J..hn fJmlth not guilty. The Smiths were being tried for,belng tho proprietors of the Elephant gambling house on Twenty-fifth street, and every possible attempt was made by City Attorney DeVlno 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. Ho launched Into his argument with a review of the testimony to prove that the Elephant rooms were used as a nlace for gambling, 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 bad been carried on In the Smith place. DVlne's Argument. Attorney DeVlno then turned his attention at-tention to the evidence tending to connect con-nect both of the defendant's with tho control and management of the --oiinis In which the gambling occurred He told of the interest wbirh John Smith had tacn at the tlmo of lho raid, and stated that it was J"hn Smith who demanded the receipt for the money and gambling paraphernalia parapher-nalia takcu from the rooms by th ? of ficers. He spoke of J. A. Lamperr, the nlghtwatchman at the Elcphaju placo, as "that guardian angel who held the keys to the sacred precinclq of the rooms above, the sanctum sanctorum." sanc-torum." Ho told of the reluctance of Lamport to testify. He reviewed the Rev. Mr. Elderkin's testimony and that of the other members of tte Betterment Bet-terment league and llnlshed his first argument by stating that it would be a miscarriage of Justice if both of the defendants vere not convicted. N Attorney Horn made the opening agument for the defense, and contended con-tended that there was no evidence to connect John Smith In any manner with the operation of the supposed gambling hall. Ho handled the prose-cullon's prose-cullon's chief witness, Mr. EM.-rkln. with rough handed rhetoric, and stated that no other witness but tho minister had made any statements on the stand that would incriminate John Smith Elderkin i Flayed. "Rev. Mr. Elderkin Is not entitled to belief in auy court of Justic?," proclaimed pro-claimed the defending lawyer with gesticulating emphasis. "He has been contradicted by every other witness that has taken the stand. The mayor contradicts him, the chief of p dice contradicts him and Detective Ponder contradicts him. Mr. Eldr-r'cln has shown himself to be a chara-ter assassin, as-sassin, willing to tear down the characters char-acters of other men in order to ng. grandlze himself. His ambition was to exaggerate himsolf aboo everybody every-body else. In the words ill it wen used in a certain case in the east, ho 1 has an exaggerated ego. Mo sa-.v I things In the Elephant clu robins that no ono else saw. But Mr. Eb:..r- kin Is no fo.d he did not o ;n into ! this court in order to stop gam .lin I or to convict these men of gtrnbilng. j but to cover himself with gt"ry. His j evidence should not be ac'-epted by j this court in this case." i Attorney Johnson f the counsel for the defense followed Attorney Horn's argument with a short plea, stating to tho court that there was ' no sufficient evidence produced by the prosecution to warrant the con- j Motion of John Smith, r-ven though E. A. Smith might be found guilty. Defense of Minister. Jn the concluding argument of the prosecution. Attorney Do Vine score, the counsel of the defence for the j attark on the Rev. Mr. Elderkin and j old th- court that the evidence of the minister could not be eliminated . from the case. "Because Mr. Elderkin's opinion on ! vice does not corresp01111 with Judge Horn's opinion Is no reason that the minister's character should be maligned by the defense." argued Attorney At-torney DeVlno. "Nor Is It any reason vhy his testimony should b? dNcred-j ited In this court' Mr. Elderkin Is a man who Is following what he believed believ-ed to be right and he is fighting for j bu beliefs. He snw things that nth- j crs would have seen had their eyes |