| Show FRYES CASE STILL IN INCO CO COUET U H T COUNSEL FOR DEFENSE MOVED FOR A DISMISSAL On the Grounds That the City Had Proved Th That Frye I Did Not Keep Koop House The Tho trial or of George Georgo Frye with keeping a house houge was resumed thIs morning Chief of Police BrownIng was placed place on the witness stand antI and he that when the theraid raId was made on the room recta over oer the Lone Lotte Star barber shop Mr lr Fro Frye was In the tho crowd around the table The Tho chief also stated state that lint at the tue statIon that nl nIght hl Mr Frye Fre told tOIl hint him that he 1 had nothIng whatever er to do wIth till the game and ani that he lund had no control over tile the room where the lie game ame was alleged to lO have been cd CI Clyde de a young oung man who In the garne testified that lie he sa saw w Mr I r Frye sitting In a chait I a war away front from the game on the lower level of the tho floor of the gamin gaining room just before the tue police made the tho raid Saturday night November II 11 said the room html had two hoot levels passage from one cue to the other h by me of steps He also stated that Fr Frye e had nothing tu to tie with the tho game ThIs concluded the testimony for fot forthe the cIty and the iol fot the he dc the court for a dismissal rIte rho ground upon Ulon which the missal was wag asked was that the wit witnesses nesses for the cit city had proven beyond beon l the tho or of a doubt that Mr 11 Frye the defendant was not the le keep keeper er II or of the room In question and that he had no con control or 01 supervision over th the promIses and that the defendant had not been Leen connecter connected in any way war with the game of cards th that t wa was played for money moner In the room In flues ques question tion except that he had been seated In a 1 small office on a lower floor o otho of tIto tho room whIle ran Noy and others partIcIpated In a game gamo of cards flue Iho city attorney con contended tended that sufficient evidence had lIarI been a adduced by the city to make a prima fade facie case and that it was mOIo moie than to require the to disprove sonic some of the facts Ho He urged the court to place the defendant upon his proof The file court tool took the matter under a ad It is probable that a de decisIon decision will not be bc given glyen Fliday In Iii to the arguments or of the counsel on the motion for dismissal the court remarked that both lawyers had overlooked some important de dc which wore to the tue effect that thata a 2 single act acl was not to con constitute the keepIng of a gam gambling house The to lie he drawn ra wn f from the tho courts on this point is that the same rule would woul apply to the keeping of a gamIng table |
