Show will marahs case is beard THE JUEY IS NOW OUT the question of jurisdiction goes against the defense and the city in the rambling caceda the court sustained demurrer ruline ont interest in abo case and the defendants as well la other bordo the court held that the territory had m gambling mr houtz then demurred to the indictment against of permitting permit tine in a bouse rented by them it coald not be said whether the donao was rented to bome one or from some one then the lan of the offen fi who committed it etc should be statsy the demurrer was taken under advisement advise meat the case of 8 M dogging and wll liam march then came up for trial the defense asked for ea parate trial Thich waa granted and marahs case waa first beard J W richardi and E A wedgwood prosecuted and warnera king defended A jury waa em paneled eiith some difficulty ray bachman had formed an unqualified opinion and was excused ed kounz stepped aside for the same reason thad flemings george jacques and jonathan buckley were challenged by prosecution E iran hinkley samuel ashby and john chapin were challenged by the defense th indictment was lead charging defendant with conducting a gama of chanad A M zabriskie was the first witness he bad been over the diamond baloon but did not see defendant fuere he was excused without further examina tion jamea griffin convicted of was callad ap for the court was in doubt as to what to do in hia caie defendant is a bad man but court bad information that he had been in the insane asylum and his mental condition was impaired impair ad court thought that to eiva him ten years might drive him crazy and would give him another chance and sentence him to two and a half years in the penitentiary if he ever came back again defendant should have the full extent of the law in the march rambling case J W N city attorney for provo was called foi the prosecution he tea rifled hiring been IQ tha room in the second story of the duchina burldine buil dine in january baat tho way up was by an iron staircase was in company with another man saw nothing in farat room we entered but in the front room saw several persona around a table playing cards defendant among them SAW acker chips on the table and money in what ia known as a pot did not eee any chapa chipa handed to the parties for money thera wa also thara a regular faro tible and kind of a machine resembling a iorge tub in which i was a wheel and on the wheel were bumbera num bera did not eee it used never had seen one before of that description there was another table with spots on but dont know what it waa used for in a corner there seemed to be a place fixed up for what oe im was wine room A young man there named roper glowed me the way out the door on the east side led me into a ba ailway in the excelsior block crosa examination by mr warner roper aseved to ba the man in chaw no faro game was being played justice J E booth was tha next witness called had city justice docket with him it that william march was charged with gambling objection by defense to the introduction of the book to show that march had been convicted at a certain time was argued and thomas testified that be bad been in the room named and march was in charge to defense wan not there for the purpose of gambling to culion got into the room after rapping at the acor in a certain way thare was a hole in the door with a slide to it saw tables and dif lerent colored chips used with card saw a faro table and roulette table croel examination the stairs leading to the room are back of the burldine buil dine and ono has to so out of the saloon to set there thomas martin id the duggins building is two stariea stor iea own buildings next to the dating building had business relations rela tiona with defendant rent him tome rooms adjoining the dubein building the wall was cut to allow entrance into these rooms from the duggins building crabb examination the opening was into a hallway into which the room doors entered bonk booma to other in the aade building A I 1 aca recalled en the room by tha way of back Bt airway and paw come tables and chairs saw a wheel called roulette it waa in the ahapa of a hannd basket crosa did not eee defendant tanra itwara last november defense objected to fill the testimony and asked that it be stricken out court reserved bis decision henrj harnoon hotd often been in the room in lat three montha 1 I can say I 1 have been there at least three how many laore time probably five or aix times saw defendant there three or four tim went into the room through winding ebaire bang a bell at itie door and march let witness in two or thre times went out at a doar Boma time leading into the excelsior hallway passed through then two rooms and four doors there wa a faro table and poker table did not eee faro play ed bat saw men abent tha tables apparently parent ly playing poker used chips there was a roulette table hut be did not see men on it boa lette ia a game of chance if it so on it was found that march was not in the room and asked testimony be all stricken out not granted marshal knight had with defendant in mr office last december he was before tho city on the charge of conducting am alinz defense asked that the complaint be aa th belt evidence the complaint was abent for attorney made a diagram of the floor where the gairda are con ducted while waiting for complaint knight resumed his beati mony and identified the complaint march it charged him with controlling a rameline ram bline room and he pleaded emilty 0 o the marshal said mr martin explained ecat a hallway had been made through ona of the booma rented to march the prosecution cution rested and defense had no testimony to oner mr libria kids testimony the court ruled was not to be considered A motion to dis miss the case made by defense was overruled assistant prosecuting At richards made an eloquent argument the defence had no argument it relies on law points and will probably the case the main point is that no nc act hao been proven the cage went to the jury at 2 and was still out when we went to press |