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Show COUflTV COURT 11 DIG FEATURE MSLlVEDDESDAy . Court Room Crowded All Day To Hear Whiskey CaseJohn Smith Charged With Having Whiskey In His Possession Was Acquitted By JuryTwenty-One Other Cases Continued. ' i ! I ! ' I : '- , ! I I i ! i t. " ! ' i I ' : r ! ' ! i ! . . . The roost interesting term of court held in (Bingham for a long time, was conducted at the county building last Wednesday when a , . large number of cases were docketed for a hearing and the court room was t - crowded, from early in the morning until late In the afternoon by many visitors, attorneys, and clients. Th6 big case on the calendar was that of State vs John Smith, charged with having liquor in his possession, but before entering into this case a preliminary pre-liminary was given to amuse the visitors vis-itors while preparations were being made for the big battle. This was an out of town case where Alex Agilble was charged with . disturbing the peace by Rock Asslch, and a counter charge was made against the complaining com-plaining witness by the defendant. The whole mattej appeared to be a case of a neighborhood wrangle and was dismissed. The big case was then called.' The defendant was John Smith, proprietor proprie-tor of the Grand Hotel and owner of a soft drink parlor and pool room on Main street It was - alleged that whiskey was found in the soft drink establishment on a certain evening ' ' In Jime oy "alsguised representatives ' of the sheriff's office sent out from Salt Lake to secure that sort of evU dence. The testimony was that these . detectives entered theplace and pur- chased a half pint of whiskey from " one Johnson who Worked in the es- ' , tablishment The whiskey was not ! bought over the bar, buithe witness, ' 'Mr. Fowler, who said he wag not. a stool pigeon, but a deputy . sheriff, said that Johnson took him back Into ; . a Mitl "state" room and delivered the Tony Tobiason Tony A. Tobiason. the 19-year-old I son of Mr. and Mrs. Peter Tobiason, I has arrived safely in France. Young Mr. Tobiason enlisted April 19, 191 i in the American ambulance corps I number 456. After leaving California Califor-nia he was ordered to Kansas and from there went with the forces for service overseas. We wish "him all the luck on the field of battle and hope that he will win ' for himself many laurels and return home safely when it all over. .. ... goods there, and be. said that Mr. 1 ':. Smith was fa ths buildJng at the time.. f. f 7tte also said that the-money be paid .V. for the whiskey was placed in the cash register, but that iMr, Smith was T , no"-there at that time. Johnson was tried In Salt lLake for the sale and was fined- flOO. Also the deputies raided the place and . . found a cigar box filled with small vials of whiskey and as a result of this Smith was indicted. The state . also contended that Smith was Implicated Impli-cated in the sale of the whiskey be-r- cau&a he went to Salt Lake to try to get his man Johnson out of trouble. Smith testified that , he did not know thpt there was any whiskey In this establishment because he was seldom at that place and that he had repeatedly instructed his employes there not to allow any whiskey brought in there. He also said he had not been in the building on the day in which the whiskey was sold there. Also his bartender said that he had received these Instructions and he said that no money for the sale of whiskey had ever been placed In the cash register. Smith admitted that he went to Salt Lake in the interest in-terest of Johnson, but said he did so i because the man had no friends, that he was now in the last stages of con-sumntlon con-sumntlon and that he felt sure 1 he J could not survive an Imprisonment of 116 days, and while the man had violated vio-lated his Instructions he did not wish i to see hira worked off In this manner. man-ner. Mr. Smith made a good witness and he had the appearance of a man I who was telling the truth. Mr. Fowler Fow-ler did not make a good witness, and " did not give any direct evidence to , 7 show thttt Smith had knowledge that j whiskey was In the place. ' The best evidence was that of the deputy sheriff 'who captured the, goods, tut he did not get It from-Smith from-Smith and what was obtained was a very small quantity. So far as evi-1 ' dence was concerned the state had a , very weak case, but it was presented' in a very rtrong manner. Another thing which aided th defendant was that the place had not been under suspicion by very many people and the further fact that the defendant was seldom there. Also the sentl-ment sentl-ment of the crowd was very strong in favor of Smith as very few believed h was engaged In bootlegging. Samuel . Thurman prosecuted and Arthur C. Cole defended and there were frequent sharp clashes, between the coun.f for the prosecution and the defense over tho admission and j relect'pn of evidence, and pointed ' personal remarks were exchanged at intervals. The Jury was comprised of Robert Wella. Jack Clone. J. A. Boughan ar.d H. A. Oebhardt. The Jury acquitted Smith. The eases ogain.U Mck (Manakls and Mrs. Samon Mathurn were continued con-tinued until August 14, The case epalnst George Hermn.nfs, charged with adultery, was dismissed on motion mo-tion ot the prosecuting attorney. Pa-n!s. Pa-n!s. chargpfi with displaying a deadly dead-ly weapon, was dismissed. Thirteen rf,c.o, of disturbing the peace at Cop-perf'ehl Cop-perf'ehl were continued. Seven casng ugalmt alleged Highland 'Boy poker i plpvors were continued. The cnes I against John Coddell and Annie Cod-1 ' dll, charged with petty larceny, was i dismissed as these defendants had I been arrested by mistake. a |