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Show jDEMY II. SMYTH USE I IS TRANSFERRED TO . JUDGE PRATT When the district court opened this morning. Judge Alfred W. Agce, on his own motion, granted the prayer of Denny A. Smyth's attorneys, J. A. How-oil How-oil and George Halverson, for tho transfer of Smyth's trial, on tho Indictment In-dictment alloging conspiracy and Illegal Ille-gal sale of liquor, to District Judge Arthur E. Pratt. Attorneys Halverson and Howell filed Oils morning for Denny A. Smyth . and his former bartenders, McDon-ough McDon-ough and Dixon, all under Indictment, a demurrer, to be argued before Judge Pratt next Monday morning, setting forth these technical pleas in an effort ef-fort to quash the Indictments: That the Indictments do not conform to the requirements of sections 4730 to 1732 of the compiled laws of Utah, 1907; that more than one offense Is1 charged In the same Indictment, to-wif to-wif Conspiracy and the Illegal sale of liquor to Fred P, Holjingsworth; that the two offenses are not jogallyj permitted to be Joined, under the provl-, sions of section 4734 oMbe 1907 laws; ' ana mat me lacis siaiea in me indictments indict-ments do not constitute a public offense. of-fense. Judge Agee's Explanation, When Attorney Halverson first asked Judge Agee to transfer the trial to Judge Pratt, a day or two ago, on the ground that the Judge was believed be-lieved by Smyth to be prejudiced I against him, Judge Agee declared hej could see no reason for such action, because he wa6 determined to give the defendant an absolutely fair trial. When both Attorneys Howell and Halverson appealed to Judge Agee yesterday for the transfer of the trial to Judge Pratt, Judge Agee repeated his former statement, adding that his ' mind "was entirely free from prejudice of any kind, that he was in no way) disqualified, and that he would givei tho defendant an absolutely square deal. He reserved final decision, however. how-ever. Judge Agee did not state any reason rea-son today for transferring the case to Judge Pratt, but it is understood he desires Smyth and his attorneys to be I perfectly assured of having a fair and j impartial trial, and he could not endure the thought of being even suspected of) having a prejudice against defendant, j He therefore agreed to the transfer because his sole wish was to see Justice Jus-tice done. The Judge had previously stated he had no desire to try the case, but was interested solely in the administration ad-ministration of "equal and exact justice jus-tice to all, special privilege to none." Below Is given the conclusion of yes- Davenport Complies. Attorney Howell said- "I've consulted con-sulted with Mr. Davenport. He is willing to oust the present occupant of the cafe and close it entirely. Judge Agee Yes, that will bo the desired complete change of management. manage-ment. Mr. Howell pleaded eloquently for half an hour's grace before the court should decide to order that no order! should be entered regarding Smyth's license. I Judge Agee The court has decided. Other cases are pending against Smyth in this court I am determined nothing shall be done to prevent both the state and Smyth having an absolutely ab-solutely fair and Impartial trial of i the case. Mr. Howell continued his pleading' for the half hour's grace. Finally Judge Agee said sharply. "As the court has indicated, as far as I am concerned, there can be but one ruling, and if this applicant insists in-sists on the court ruling one way or another, there can be but one result the denial of the application! Mr. Howell There will come before the court tomorrow a demurrer . Judge Agee That's just what we are doing refusing to make any order. or-der. Tho court finally agreed to postpone post-pone further argument until Saturday morning. oo |