| Show FOUND AND FINED A queer quIri bed in their innocent enjoyment the case of ogden city vs G if banks bank and deputy I 1 marshal sl arshal vandercook charged with gambling came up tip before alderman tanner yesterday afternoon but b ut waa was not concluded until after goins to press the tile case was TRIED in BY A JURY summoned at the request of the defendants fend ants A B taylor appearing a ppe aring for the city and james N kimball for fur the defendants 0 officers thomas H ballantyne ballant anc V W W El morand CC brown brawn were sworn and testified for the ti lion tion substantially that on the morning of the ath in iest st between 12 and one they heard talking chinking of money mone which induced them to 21 t there was GAMBLING GOING ON over banks saloon on ath street to satisfy themselves they procured a lad derand deraud placing it against the front of the building ascended to the second story windows when aud and through which they could seo see the james horrocks and a man from kelton playing tte nt it poker with money piled upon the table and every appearance of an exciting game they saw money ono one of them say how much he lie had lost baw the bartender BEING brun UI ani DRINKS and receive his pay and saw also deputy sheriff brown ing fires aud and looking on deputy sheriff william brown was tho the first witness for the defense he ile admitted being present and that they were playing poker but eaid laid in gub substance stance that some man had broken open a safe in idaho territory Terri territory tor V and had come down into this city and that th at from kelton was anxious to have him arrested to so it had been agreed by brown and the man from K kelton el ton that they would engage a room and get some other persons to go in with them and have a table and mone yand cm ds an and d chips and I 1 li PLAY POKER to pass away the time while some other man whom brown could not name would by an arrangement with the man from kelton go and yet get the safebreaker safe breaker and under 1 pretense pretense of ol taking him to a gamb ling houff to while away away an hour or two would take him to the pance where these officers and their friends were playing their innocent but blit ani using game when the they would at once seize the culprit an and hc bc did Ilo not tsay say what I 1 they hey would do with him they played the vivi ill taking a hand with the rest from about seven on oil the evenin evening of the tile ath till about 4 an on the morning of the at ath h dinst nit when they IV HOME Vau vandercook dercook and horrocks rocks cor in the main but their statements were somewhat conflicting they did not say that they ever eve r looked fur for the tile wicked sinner from idaho a minute cither either before cr or after they went home or that they ever inquired of he the other man why ho be did not bring him around to sec see him or paid any tiny further attention to him singular na this ap appear peare irmay bo that when their game was ins ended their pockets were lu stich a condition that they had bad no use for safes or atall events they seemed to have abandoned the chase Q and wore quietly wending their ways wa Ss about their respective busil leas avocations when they were t tapped a ped on the shoulder by marshal 01 13 fife fifo and instructed to app appear ar THE the man from kelton came promptly before the court pleaded plead eddu guilty alty and was fined fine fifty dollars which he as promptly paid hot happen to remember that the tile whole affair was war but a ruso ruse resorted to to catch a thief singular neither did horrocks ho he baid ho lie did not wish to plead guilty but would pay any sum the court would bawo as a fl penalty the court informed him that if he was not yet ready to plead he could take time and advice in the he premises and could go upon 50 bail which be deposited saying he lie would not redeem it and HE HF DID yot brown vandercook and banks when arraigned did not seem to know juit how to answer the qu ques es lignare liy bitin nAre are you pu guilty or aro are you not I 1 guilty guilt 7 upon uch such short notice eo so t for time and aud obtained kopke no in lc to ph plead phad ad when this time expired they till did not want to tel the 15 M livili tr they w u lre GUILTY OR NOT at ft hut lut C thai diat 04 city hail had no liht vp unish any any etuy ro dwy tu to the co ou tiit t e grounds the tie de 11 fitrer wua was argutto and wan bt ii ij it ray in theil th alky ey re ilist red the of the burglar and nd the cafe 6 audibe re ward V ard and tho the man who biag warding war to the burglar r to gocr bem itlay play poker and the arrangement that money was to be piled up on oil the table and that they bere iere to go through tho the torin form of i gambling still I 1 I 1 it was I 1 I 1 ALL A FARCE an and d that fach each inan man went down into hid his to get the money to P pay ay iy molly fur for the drinka enste instead ad of tt inking ing the money none oil oft the tho pile on the table ai the officers oili ceis cels say they did it may bo be that the story was too roma romantic to entertain the court with in the first instance or it may be that they did not like to di disclose close the fact that dint a reward was offered lest somebody else might institute a game of poker and thus in poking the reward into their trousers pocket at nil all events the jury smiled as they listened to the little talc tale and their unanimous verdict of guilty shows how much stock they took in ill the OF OP THE darr dents banks was fined 90 or 90 days davs in ill default of payment vandercook being a trusted officer of of the government and this being the second time that he lie has been fined for a like 0 of f fe tense us and before tho the samo same court was fined and one day dav imprisonment ment in jail it was further ordered d that in default of payment he lie be imprisoned in the city jail one day for each dollar they ap tip pealed in ill tile case against wm brown owing to an ail error in the complaint in charging the offense on the wrong day the case was dismissed A new complaint will be filed and the matter cornea comes up tomorrow to morrow I 1 |
