| Show TONONAN FOUND i NOT GUITY Case Took an Unexpected Turn In the Police Court MOTION FOR DISMISSAL It is Objected to By the Defense V V fensc V tulge Toners Asks That the Court Pass Judgment nnd Judge WelL K ir FInd the Cai tniii Not Guilty It is Said That Donovan Will RcKi n 1111 Position in the Police Department I The case of Captain Donovan was railed up in the police court again at V 10 oclock yesterday morning Judge Powers the defendants attorney was promptly on hand and a soon as the curt was ready to proceed he said I it please your honor Prosecuting Attorney Vhittemore ha just telephoned tele-phoned me that ha would lee to have the case stand over for a day on account ac-count of being engaged in the supreme court Also that unless there was more testimony forthcoming he should testmony bf compelled to ask for a dismissal as he felt that he would not be able tu secure a conviction on the evidence thus far adduced I is not improb abl that Mr Whittemore may be ready to take action some time today City Attorney McKay suggested that the matter 50 over until 10 oclock this morning but Judge Powers remarked that he had a case in the district court V at that hour After a little discussion however Judge McKays suggestion uas adopted with the understanding that Attorney Whittemore might call i up later in the day The proceedings proceed-ings rested tnere but the general impression im-pression was that the whole matter ould be disposed of before many huurs MOVES FOR DISMISSAL This proved to be correct V for at 2 01 lock County Attorney Whittemore e6 in court and appeai court addressing Judge Wenger said Inc jur in this case was unable to agree and ha ben discharged I in farmed counsel for the defense this c mrning fhat unless more evidence was produced against the defendant I would recommend a dismissal of the case I hav < > since talked with the witnesses and find that they have nothing new TJIP case was presented as fully as possible pos-sible and with as much vigor as I fluid command under the circum titnces but without avail and I agree to a dismissal Judge Powers how eVPr prefers a final judgment and therefore I am willing to submit the case to the court and have it pass whatever judgment it may deem nroper POWERS MOVES FOR JUDGMENT Judge PowersI agree with counsel that the prosecution presented its case as strongly as possible I am perfectly willing that it should now be submitted to your honor Perhaps in the future Captain Donovan may desire to follow p < ime other pursuit for a livelihood than that of a police officer and a mere dismissal of this case might stand in 11f way of advancement That being nit true judgment it would be better to have a def NOT GUILTY The Court In this matter a jury was called in originally I was com jxsed of business men who were above reproach in the community I do not h < slate to say they acted as their judgment dictated that which they be if > ved to be right They couldnt agree and in justice to them I want to say that no charge was delivered to them hv the court Had there been it would no doubt have been easier for them to agree on a verdict They simply took the case as presented I saw all of the f prceing and heard all of the testi mon The matter is now in this shape I am now and was when the testimony closed of the opinion that the prosecution have not made out a case I shall therefore Tender a verdict V of not guilty and discharge the defendant de-fendant fendantFINALLY DISPOSED OF This of course finally disposes of the case and when the decision was announced Captain Derovan shook bands with his friends and immedi 4 bnds 4 ately left for home WILL PROBABLY RESIGN V I is intimated that now that the V difficulty is disposed of Captain Donovan Dono-van will resign from the department Judge Powers says that such is the wish of the captains wife as she fears that owing to the strong feeling in the department some serious trouble migftf issue His resignation if he Intends to send it in a not yet reached Chief Pratt |
