Salt Lake Telegram
Previous Issue
Next Issue
Pages | 1 of 24

Salt Lake Telegram | 1933-05-26 | Page 1 | Acquittal of 7 in Ogden Rum Case Ordered by Judge

Type issue
Date 1933-05-26
Paper Salt Lake Telegram
Language eng
City Salt Lake City
County Salt Lake
Rights No Copyright - United States (NoC-US)
Publisher Digitized by J. Willard Marriott Library, University of Utah
ARK ark:/87278/s6mk7mx5
Reference URL https://newspapers.lib.utah.edu/ark:/87278/s6mk7mx5

Page Metadata

Article Title Acquittal of 7 in Ogden Rum Case Ordered by Judge
Type article
Date 1933-05-26
Paper Salt Lake Telegram
Language eng
City Salt Lake City
County Salt Lake
Page 1
OCR Text Acquittal of 7 in Ogden Rum Case Ordered by Judge i I Mayor Police and Sheriffs Officials Freed in Conspiracy ON TRIAL FOUR DAYS Dry Officers Assailed on Enforcement Enforcement Enforcement En En- Method By Staff Correspondent OGDEN May Seven 26 26 Seven Ogden and Weber county officials charged with conspiracy to violate the national national na na- na- na ional prohibition law were acquitted In n federal court here today by a directed directed di di- verdict of Judge Tillman D D. Johnson The officials who were indicted by bya a federal grand jury recently are Mayor Ora Bundy of Og Ogden en Sheriff Amasa Hammon of Weber county Chief of Police A. A E. E Wilfong of Ogen Og Og- den en Captain L. L W. W Pack and tive ive M. M L. L Christensen Ogden pollee police department Deputy Sheriffs J J. W. W Harbertson and Erastus Bingham of oj Weber county The judges judge's order for acquittal came ame as a surprise as the third day of if the officials' officials trial opened and followed followed fol fol- lowed owed closely on the heels of an admission admission ad ad- mission by Assistant District Attorney George H. H Lunt that the government lad had had no further evidence to present to o indicate payment ayin xit of alleged protection protection pro to the officials on triaL CRITICISES EVIDENCE Judge Johnson yesterday declared that hat the government had failed ailed to show how payoffs to th the d defendants and that hat evidence of actual financial transfers would be required to warrant war war- rant ant the case being heard In delivering his instructions for acquittal Judge Johnson asS assailed soft drInk rink parlors which sell intoxicating liquors Commenting on the evidence he ic said Sheriff Hammon pretty nearly nearly neary near- near ly y fell into a trap J The judge however charged Ogden officials with the duty of enforcing the ie city ordinances and the laws of Utah Utah has a prohibition law as drasic dras- dras dr lS- lS tie tic ic if not more so than the national law aw he said Ogden city is in Utah city immediately is subject to the he control and management of its local ocal officers They are charged with the he duty of enforcing the ordinances and also the laws of Utah Particularly should it be made a local ocal responsibility to see lo to it that the he procedure at Twenty fifth street streets t is s taken care of so far as drinking moonshine whisky is concerned and ands its s being sold by bootleggers who operate op- op rate crate in the neighborhood That is where they are congregated in Ogden Ogen Og- Og den en city apparently NOT U. U S. S BUSINESS The judge r reiterated a statement made yesterday that it is not the busi bus ness nes ess of ot the United States to run Ogden Ogden Ogen Og Og- Og- Og den en or to say how it shall be run rune He e pointed out that it Is not the duty of f any Ogden c city ty officer to enforce the he national prohibition law Any policeman that so desires Calsee cai Cal see ee with his own eyes that the na national ional prohibition law is being yb vio and he is under no Continued on Pate PAle Three r Eager Eagel t to Enter Telegram Bug Bugle e Contest 1 I I iT W 1 fr t With the final practice ov over r all aU of The Telegram corPs corps In city cUr schools are now D W wIn In readiness to to o compete at the annual patriotic cont contest st at Liberty park Saturday at at p. p m. m Here Here- are re the members of the he Ensign school with Miss 1155 Sara U. U Young principal and Miss Constance sponsor as they met tor the he last time before belore the contest f r 1 SEVEN FREED cREED cREEDIN IN OGDEN CASE Pare Page One and commits no crime for not inter inter- faring ering with it he asserted But that is the trouble with the whole prohibition law and the whole prohibition question And that is the reason cason it has become a crucial po pc political question at the present time hat the local authorities have ceased to o feel any responsibility with respect respect re re- to the enforcement of prohibItion tion ion laws Judge Johnson also said that the relation relation re re- lation of ot the county officials to prohibition pro proS enforcement is no different We can say he added that Mr l Hammon apparently from this testimony testimony mony pretty nearly fell feU into a trap pretty nearly became involved in what the bootlegger Fat Davis and this his man Leroy who wanted to o be a deputy sheriff apparently had hadin hadin hadn in n mind OFFICIALS RESPONSIBLE Charging public officials with the responsibility of at enforcing the prohibition pro pro- laws locally however Judge Johnson said If a community such as Ogden City desires to have the sale of liquor prevented within its boundaries it must look to its public officials todo to todo todo do it And if it it is js the sentiment of the he people of Ogden or any other town own to wink their eye shut eye their eyes eyes to to what is going on with respect respect respect re re- to that that is their business and they will have to take what they get from their own public officials at it least so far as prosecution convIction conviction tion and arid sentence to the penitentiary or otherwise of at their public officials off i for Cor a failure to discharge duties of oC that sort So far as s the evidence has gone sone with respect to occurrences in the city that hat have in any way related to the conduct of ot the city officials from the mayor down it would tend to show that this situation existed That has been attempted to be set setup setup setup up as asa a conspiracy within the meanIng mean mean mean- ing ng of the conspiracy act and as as' as asa a violation vio- vio lation of the prohibition law constituting Ing ing them nuisances and it was the theory of the government apparently in n framing this this' indictment that this constituted an m offense under the con con- r law that city officials have hav chosen to make the operations of bootleggers bootleggers bootleggers boot boot- in the city a 3 source of revenue reve reve- nue to the city POLICY NOT CONSPIRACY tACY Now that may or may not be bc bea a good policy It is not th the policy of th the court pass to-pass upon policy That is a policy of ot the city administration of Ogden apparently but it is not a conspiracy We have here a 3 policy on the part of the city government it seems that these bootleggers that are d doing ing business bust bus ness here would be arrested ever every so often and required to pay a a. a fine line and that sort of policy was carried out From my point of ot view and the point of at view of the co which court has s passed upon that sort 0 of situation public officials who conduct that sort of ot policy are not conspirators with the bootleggers City Commissioner Fred E. E Williams Williams Wil Wil- liams Hams charged in a separate indictment indict Indict- ment meat with conspiracy to violate the national prohibition law was acquitted acquitted ac ac- ac quitted in federal court following his trial in Salt Lake recently
Reference URL https://newspapers.lib.utah.edu/ark:/87278/s6mk7mx5/16206437