| Show LIQUOR CASES BEING TRIED defendants fight hard on technicalities judge christensen hears demurrer and rules against defense change of venue granted the illicit liquor cases which were nere started a couple of weeks since attracted a large gathering of the male populace to the courthouse on monday monda afternoon every available seat was as taken and many occupied standing room justice simon christensen the new city justee who hail had been inducted into office but an hour previously was in charge of the proceed ines the importance attached to the ease case was eiden evidenced ced bv bi the legal talent on both sides for the prosecution city attorney bates ind and J H erickson appeared while E E hoffmann and M M warner of salt lake were present for the defense monte roberts Bo berts the efficient from the seventh district ourt ua hii sworn as ad lie le official reporter to take the ei dence and pro ce ee edings eding an agreement had been reached ba b chich the city and the defee would pa the reporters fees of q 8 per dal dai the first case called for trial was nas the city of richfield Ns s george flint in which the complaint charged that the defendant sold brandy to fred redmond on december 1909 the defense demurred to the complaint on the general grounds that it did not charge facts sufficient to con a cause of action and further that the court did not have jurisdiction in the thecile cise asa further grounds of demurrer mr air warner warnar denied that the city of richfield had an ordinance prohibiting the sale of liquor as the elege ega lied no ben be n properly published and recorded mrs carrie baker the city recorder of richfield was sent for and pending her arrival the court ordered an informal recess tu to be taken when airs abker arrived she was called tied and sworn and she testified that she had bad charge of the records of the city and among them as the crilma ordinance nce record wilen when the ordinances were revised a typewritten original of all the ordinances was given her with the affidavit affidi vit of the adoption and acceptance of all the revised ordinances including the particular section le lating to the sale of intoxicants and also the affidavit of cf G al jones as to the publication li of the ordin ordinances anes as revised she also testified to a copy of the printed ordinances having been filed in her office bearing the certificate of the passage approval and publication of the ordinances after considerable question questioning inz th thi certified copy of the revised ed ces with the original affidavit of the publisher attached wab submitted lit in el evidence dence M M warnar made the argument tor lor the defense ile he contended that three things were necessary to make the te ordinance of a city c the proper passage of the ordinance ordin arce by the city council the proper tion of th the ordinance and the re cording of the ordinance in the records of the city J 11 erickson enelson made the ment for the city and he urged th it the rc recording cording of the ordinance was as no not necessary to the eness ot the ordinance but was made one of the duties of the city recorder record cr and an ordinance may mav be recorded anytime after its aage p and after it becomes operative judge christensen took the latter view of tile the matter and the demurrer was overruled and the motion to dismiss denied court then took look an informal recess cess fur ten tell ll 11 minutes li tut before the witnesses wit for the cros cution Mc sr bodill do d it and red bonu mond entered the courtroom the dol fondant fen dant flint by hia attorney E i E Hoft minn filed an affidavit afE davit asking i for a change of venue ind and when court opened this was to tle the attorneys for the prosecution 1 rose cution the change of denue was waa asked on the grounds of prejudice and bias the attorneys consulted together for some time and then at M warner announced to the court that in all the other alses of alleged illicit liquor the docket could show a pled plea of not guilta from each defend int nl I 1 11 I 1 I 1 t thit that the same one ral to dismiss could also L I 1 together toge with the cort coit i I 1 continue on pit i LIQUOR CASES BEING TRIED continue I 1 front from first rocc race published in a r in the eise case on oil trial the defence deafen c contends thit the prohibition ordinance v was as not of 0 the revision but wa a nev nen ordinance and should have been published in a newspaper news neR piper from the others which were ner being beine ren revised ased arid and printed in book form and that it should have been written ritten into the ordinance recerd by the re corder afeei arguments nad bet blui ii submitted the justice took tile the matter under adNie ment until i 2 bolock and court took a recess until that hour TUESDAY AFTERNOON when court convened cit at 2 belock judge johnson Johi ibon submitted his decision un on the motion of the defense to refuse to take cadence ei ci denee dence he stated that it would be an injustice to richfield for him to presume to say thit that the ordinance of the city citi was invalid and that in so ruling he did not belie the defendant any way aay as he had r recourse to the higher court rethe validity of the ordinance could be pasted upon he therefore the motion and ordered the case cae to proceed the df doense ense then demanded a jury trial and a enire ws wis imbued for el eight julois it was nas near i 4 when this ais wis returned and J M C P christensen alma enle Enc frank eFrank ogden dan and hins hills dora core chris pouli en pd and jab bean were summoned the latter gentleman admitted in the a deral eximina examination tion that he hall hail not been a er in the thee arjust pa and was inas excused G C gilic ll kili i wih summoned ind indin in the which follo followed sed all the jurors admitted that thai they hid formed opinions as to the guilt or in noLence ot the defendant und were ere excy excused ed for i tube ause another venire was vias issued made on wednesday Wed nesda morning and court adjourned WEDNESDAY the forenoon session of cobit wis is consumed coni umed in the examination of jurors and by noon three jurors had been cegred four hid bid been excused and one man was left for examination at the afternoon session the jabors summoned on the second enire emre were niels heber benben hans peterson parley Out zeri R 1 grame 1 C hanson J I 1 jeno jenon n and john G miller the first named four jurors were acre excused for li oong an opinion lit in the else eise the other four were ne re accepted and at half pt two mr bates began beean his hii statement tu to the jury ile he told the jury what shat the prosecution expected to proc as to the sale of it liduor luor by the defend defendant int to fred redmond eshu was aa b others that liquor was inas called for in the place run by flint under a soft drink license and that whisker and brandy I 1 werl serncy by flint who ho was as behind tile the bar and that redmond paid for the drinks mr warner invoked the of court that all witnesses be sworn and then excluded eLIUd cd from the courtroom ale ars redmond and dumdi 11 wre sworn J R I 1 dowdell vas the first Nit witness ness ind just as he was about to begin ins its testimony attorney E E hoffmann moved to dismiss the case cac on the grounds that the compliant was de ind not properly dra dran n alleg ins I 1 1 z that the title of the ordin ordinance ince I r which the complaint was briwn should have been stifled billed mr air Erick erickson sn pointed out tint that the section of the of under which the complaint toni plaint wis ns dran dra it was in tile the loin om plaint ind the pipi r nas as dr I 1 ti it mr warnar lit in closing tile the argument paid the attorneys attorney s for tit alie J arob LU 11 t on en a beckh ant I 1 charging char Kne that they were endeavoring to cor co r up what lo 10 h termed the in com pett net of the he city attorney attorneys 4 office flits was the first ik il shon shown n by bv th the defense in mr erckinson Erek Erck ibon ison thanked wainer for the compliment and warner assured him he lid did not mein it as a compliment t the conc luison of the argument th court oci ruled tie te motion J R dowdell dodell then told his story of being in the place where flint was aas bohinc the bar on oil dee dec there were ere present redmond ben smith ciul piul arija ind witness either smith or crait craig ordered 1 drinks smith ill ridmond slid and craig ordered brindy ind bitnes wit nes took whiskey straight flint served the drinks witness vis about to relate the trane transaction action redmond and flint when ml warner objected to an any other siles of liquor at this point and a legal Ns ringle followed the court ruled that the witness could tell of the trani transaction action betin between cen redmond and flint and witness said that is when hen redmond ordered the drinks craig and smith ordered brandy while redmond and witness ordered whiskey flint served sered the drinks and redmond paid lor for them whiskey N was as the drink served sered to witness N on cross mr warner asked is to witness xit nebs being a hired witness and he cheerfully admitted thit he wis engage ato lookup look up cereald benain conditions in richfield and to five evidence if he hil bad any an evidencia eviden ct to glit lie he stated he had a sur ur N ly bior or eng taing in the present hajne business s hihi hil bell be ll b mr redmon redmond at 3 per da day to assist him film but hl his day ua dif all not int depend on oil pro cuan fred redmond hiis the roa ari t sit mt ti ness q ile he testifies hed 1 tint thit he lied most of iho tin till i in ih silt lake t city ity knott defendant flint ind iw iv him about 10 or 13 15 minutes to six ai on decimber deci 20 it t a place commonly li knon as a alcon balcon was drinking drinkin ff there and caled tot toi drinks foi those in comp ini NN ith him there were pie ent paul craig ben smith rex re dowdell and witness ind smith called for brandv brand witness Nit ness arid and dowdell dondell took v whisker hiskey ind the drinks were sera ed liy by flint examination he stated that he had been tent sent to ric richfield h field b by captain burbidge of salt lake to inesti investigate gate the illicit sale of liquor and he understood that the city cit paid for it through city attorney bates his salary was fixed regard less of the outcome of his investigations he stated that captain bur aldge was cond conducting a detec detective tie agency in salt lake ind he sent vit it I 1 ess doann ahre to inesti investigate gate the liquor selling conditions ile he had formerly been engaged I 1 i this same kind ot bubi business it castle dale and also for the united states tates govern merit ment ile he stites that his wages amounted to 6 rel day dan ile he was vas questioned closely as to ie at the hotel under the I 1 I 1 me of dov doi dell which he admitted wis wib resorted to to conceal hit his identity ile he stated too thit th it when not engaged is a detec detective tiie he did mining and in mine I 1 ie expel ep eiting ti ng pen smith wis called and told of being invited by b to go to flints place and take a drink lie he called ica brandy and got it still and put it into tome eoma cream soda and drank it paid for tile the drink from the cros ard court adjourned until thurmay Thurs Thur div day morning it is a dinge ding erous thing to take a cough medicine containing opiates that stifle your our cough instead of curing it roley s korey forey and T tir ir loosens and curls tho the cough ind r the poi poise beims thus ure venting cn ting pneumonic in im refuse sub and t tike iks aly the genuine rolco i hoi ev en an I 1 1 I 1 ir I 1 IT irr is phal nit N |
