OCR Text |
Show Eloberis Receives Hearing, Bound Over To Fourth District Court Jack Roberts, who, along with Boyd Winn, Lapoint, is charged with robbing Darris B. Smith, Vernal, received a preliminary hearing, Wednesday, before Justice Jus-tice of the Peace John Baum-gaertel Baum-gaertel in City Hall. Roberts pleaded not guilty. After the hearing, Judge Baumgaertel said there was reasonable rea-sonable evidence against Roberts, Rob-erts, and bound him over to the Duchesne district court for arraignment. ar-raignment. Irving Miles, Deputy Marshall Reece Timothy, Darris B. Smith, Boyd Winn, and a little girl testified when called by the state, and were cross-examined b y Defense Attorney George Stewart.. From the statements of witnesses, wit-nesses, questions by County Attorney At-torney Earl Dillman, and Stewart's Stew-art's cross-examination, the following' fol-lowing' facts about the actual robbery were unravelled: Miles testified he was in the Roosevelt Commercial club the night of Oct. 26, when Smith came in and said he had been robbed. Miles then' took him to the Marshal's office. There he was deputized by Deputy Marshal Reece Timothy, and, according to Miles, the two traced Smith's missing billfold to Roberts and Winn. The billfold bill-fold was recovered in the rest-room rest-room of a local restaurant where, Winn testified later, Roberts Rob-erts tried to flush it down the drain. Smith testified under oath ' that he did not know for sure who had robbed him. He said he arrived in' Roosevelt the night of Oct. 25, and got a room in a local hotel. That night and all during the next day he said he drank some, When he was rpbbed Oct, 26, according to his testimony, he had been drinking and couldn't definitely identify the men who robbed him. Timothy backed up Miles' statements, about finding the billfold; and added that he questioned ques-tioned both Winn and Roberts before deciding to hold them. When called to the stand, Winn testified that he and Roberts Rob-erts had been' in company with Smith during the afternoon. They drank beer together, and Winn said the three had a drink of whjskey from a bottle which Smith had bought. That night, between 6 and 8 p.m., Winn said he, Roberts and Smith got in a car and started for a roadhouse outside of town. On the way the trio stopped, and got out of the car, and Winn said he thought it was too early to go out. "Then he said he heard Smith start yelling, the I sound of blows delivered; and then Roberts came up to him and said, "Let's go." Defense Attorney Stewart brought out the fact that numerous num-erous other people besides Roberts Rob-erts and Winn had associated with Smith on' the day of the robbery. Cross-examining Miles, he asked whether it was possible pos-sible for anyone else to have robbed Smith. Miles admitted that it was. The little girl testified that she saw three men scuffling around the corner west of the Roosevelt Standard. This, supposedly, sup-posedly, is where the robbery occurred. |