Show Y Urges Dismissal of eonard onard Case ase Attorney Says State failed ailed to Prove Liquor Agreement A k A. motion to dismiss a grand rand grandry grandI grandy y ry indictment charging Harold Leonard r-Leonard with conspiracy to Utah state liquor laws was ide by his defense counsel Thurs- Thurs Judge Ray Van Cott J iM d district court FIrley W. W V. V Gustin defense atrie at- at rie ne Tiey told the court that the thelie lie te has not proven an agree- agree nt existed between Cyrus V. V Harold V. V Leonard or Rob- Rob S. S Harries nor between Lack It IL Leonard onard rite rhe state rested its case against ward nud president of Associated vern vern O Owners of Utah Inc mc late following two days of f f Without Jury he Tie case is being heard without ury ry and Judge Van Cott was hear nur defense and prosecution menth on the thc dismissal mo- mo Thursday i afternoon Court at 2 pm p.m. f the court denies the motion Gustin indicated he would rould this his case and turn it over to court Bernard's Bernards fate will probably be Ibe known until Monday since sincere re will be no trial sessions FrI FrI- due due to a judges' judges association eting Saturday is given over rulings on minor charges and he state wound up its case cased d 1 day when District Atty E. E Roberts recalled us u V. V Lack to the stand for forI f I questioning Prior to that E E. Hicks took the stand when was brought from the state son where he is s serving r time timea I a charge of obtaining money ie ler er false pretenses p r. r Hicks testified that on one ision aion he saw money pass been been been be be- en en Mr Lack and Mr Leonard thc the Brigham Street pharmacy It le e time In the late spring of ofIe 7 ie Je walked into the back room the when he pharmacy saw sawney sawney ney wy pasi pass between the two men told bid the court Lack said This take care of that matter he ted toder cross examination he adt ad- ad t ted td d he didn't know th the matter tr transaction concerned l ks said that he knew Lack Lacky y f well and during 1946 and 1947 had visited the pharmacy as n as three or four tour times a day ing that time he frequently r Leonard there he said some- some e w es as often as three or four foures es M a week Then Tien Lack to the id d he was questioned briefly by byee See ee Page 2 Column 6 Defense Urges Case Ouster CCase Continued from Crom Pa Page c One Mr Roberts about an occasion when he was seen to pass money to Robert S S. S Harries by an em em- in the pharmacy On cross examination Mr Gustin Gustin Gustin Gus- Gus tin asked if during during- the Harries trial Lack had lunched with Duke and Tony Hatsis Salt Lake club owners and John and Tony of Price The reply was in the affirmative At that time Mr Gustin asked did you make the remark that Leonard didn't have anything to do with this liquor deal I Oil didn't say that Lack re replied replied re re- plied emphatically I said I didn't have anything to do with Harolds Harold's indictment Earlier Wednesday L Lee Le c Diamanti Diaman Diaman- ti Helper club owner had related how his private club repeatedly had been raided by both state and local enforcement officers because because be cause he had refused to pay premium premium premium pre pre- prices for his liquor He told of conversations with Leonard In Helper during which they discussed a place in Salt Lake City where club operators could buy all the whisk whiskey fy y they wanted at premium prices He testified that subsequently he had made a trip to see Leonard Leonard Leonard Leon Leon- ard to learn the name of or the man operating the Brigham Street pharmacy L Leonard onard gave him the name of Cyrus V. V Lack and he scribbled it on on the back of a card he said but did not go to the pharmacy to see Lack Others testifying during the morning and early afternoon sessions sessions ses ses- ses were members of the Salt Lake Ogden and Provo Elks clubs Parker Campbell secretary of the Salt Lake Elks club said he had prevailed upon Leonard onard to introduce in introduce in in- him to Lack in order to get liquor for the club Under cross e examination he testified that Leonard was reluctant to introduce introduce intro intro- duce him and had left the two alone Immediately after he had taken him Campbell to Lacks Lack's I apartment and performed the in in- i Claims Lack Lad Detail Mr Campbell said he made adeal adeal a adeal deal with Lack and the club purchased purchased pur pur- chased numerous case cae lots of whiskey whiskey whiskey whis whis- key from the pharmacy before ration ration ration ra ra- ra- ra tion restrictions were lifted inJune in inJune I June 1947 Robert Bullock Provo told how I he as ac a trustee of the Provo lodge arranged to purchase case lotsI lots from Lack Leonard had taken I him to the pharmacy and introduced introduced intro intro- him to Lack he said He and Lack had gone bone into the backroom backroom back back- room where the purchase of case lots of or liquor was discussed he related while Leonard had gone to the front of the store and bought a coffee or coke Bullock admitted that later he had been told by Lack that Leonard Leonard Leonard Leon Leon- ard had nothing to do with the matter Under Mr Gustins Gustin's questioning questioning questioning ques ques- he said that he believed eved Lacks Lack's statement and still does Carol W. W secretary of ot the Ogden Elks lodge testified testified testified fied that he had met Lack through a Mr Kershaw of the Ogden lodge He told of the frequent purchases made at the Brigham Street pharmacy Other witnesses called during Wednesday included Tony Nika Price club operator Duke Hatsis Salt Lake operator and George H. H Lunt commissioner u liquor control commission I |