Inter-Mountain Republican | 1908-02-19 | Page 8 | Smoked the Opium in Withers's Room

I I I SMOKED THE OPIUM IN WITHERS'S ROOM ROO t 5 I Police Fail to Make Arrests Stick and the Three Are Area a Dismissed I The police failed yesterday afternoon In ITS police court to convict con 13 E. P. P Withers i of keeping an au opium den and Pete Perc Peterson and Joe Downey Do with frequenting Ire fro g an opium den Tho The testimony of oC the police officers Emil Johnson and Joe Bush was on examination cross clearly in favor of ot the defendants and the they wele dismissed by Ju Judge go Diehl without an any testimony being offered in their defense On the night of February 1 15 when the police poUce under orders from Sergeant Hempel raided two Chinese Chinese- gambling Joints in Plum alle alley orders tere given s-Iven to raid mid the American house In Commercial Commer Commer- cial st street reet for hop As s is the re result result re- re sult suit o of the orders the three men were ere arr arrested In a room In the American house Yesterday afternoon en opIum The rhe Ia out lay out was brought into court officers testified that Withers Wit and nd Peterson Pe Pe- terson lerson were wele Jn In th the room at qt the time and that Downey was cau caught h t in a n room room on he the floor loor below The officers rs also aIso tes- tes that Withers and Downey Downe said I hey occupied the room Jointly and t I I slept t there regularly It was also brought ht out that 1 eterson went to the soi some eliu liu and Incidentally room to get sone e- e tall tally bought a cnn cati can of bI t b beer er r.- r. It was stated that Peterson has as not been a auser auser auser user of oC opium in lb many months This was the gist of the case made lJ by the C city I ty The attorney for Lh the defense moved a dismissal It was held by the attorn attorney n ney ny and sustained by the court that under the statutes of ot Utah a a. person In his own room or place of abode has hns the right t to smoke opium Just as much as he has hans tho the right to use cants or smoke tobacco