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Show ASK THAT JUSTICE I BISH11P f!E BARRED I Counsel for Chief Sheets File H . Petition for Writ of -H Prohibition. JUDGE ARMSTRONG H WILL DECIDE TODAY State Closed Its Case Against Former Head of Police De- H partmcnt Thursday.- IH . H Late Thursday evening counsel for rl Gcorjro A. Sheets, former Chief of Po- f 'l lice, filed a petition for a temporary x;' writ of prohibition with Judge Geortro, iLI G. Armstrong and at 0:30 o'clock this -11 morninir the .iudgc will give his dc- 11 cision. The petition, which is a lone, document, challenges Justice F. !M. WM Bishop's jurisdiction of the entire case: nnd asks thnt ho bo prohibited from' further judicial action. The petition recites that some months! ago Chief Sheets was arrest od on a' charge of conspiracy, Tho warrant is-' sued from Justice Bishop's court, but1 a change of venue was sought and -ob- 11 taincd to tho precinct of Justice Nop hi 11 Timpson. By this justice the chief was bound over to Judge Armstrong 'p court and hearing there is now pcudiug. What the Dofenso Claims. The claim made by the defense in that the facts and acts, times and per-sous per-sous set out and alleged in the com-plaint com-plaint for conspiracy are the snmo ns in the complaint for bribery now be-iug be-iug heard, and no two courts can have jurisdiction over the saino facts nnd acts at the same time, hence the case is without the purview of Justice Bishop. The usual course of procedure in such a case is for tho court to grant tho temporary writ and set a time for hear-ing, hear-ing, cither to make permanent or dis-solve dis-solve the order. The State concluded its caso against '1 former Chief of Police George A. Sheets -M Thursday morning, before Justice F. M. Bishop, "and today the defense will do-cido do-cido whether it will presont its side of tho case. It is not likely that any evidence will be adduced. When court rcconvcucd at. 10 a 'clock in the morning Parrcnt was briefly cross-examined by Judge Thur-nian. Thur-nian. When this was concluded tho State announced that it rested. This sudden closure of the case came as a WM surprise to tho defense, and a recess was taken until 2 o'clock to give coun-sel coun-sel time to consult as to their procc- mM Jim Donaldson ivns then recalled for WM further cross-examination, nnd this 11 closed tho case for the prosecution, the 11 State still resting. Wants Evidence Struck Out. ftl Sorcn X. Christcnsou, of counsel for Sheets, then moved that all tho tcsti- lil mony given by Parrcnt and Donaldson rolative to conversations between Sheets and Bell nt which neither of the wit WM nesses were present be stricken from the record, ns Bell is now in the city, Jl can be produced and his is the best cvi- x deuce. Hl This wns a direct challengo to the State to produce the famous father of 11 confessors, Bell, but il strenuously ro- sisted the motion, and, of course, Jus- IH ticc Bishop denied it. Two theories are advanced ns to why Bell was not jH placed on the stand. One is that tho prosecution is reserving him as a trump jH card to be used iu the District court. should the case ever reach that stage; sl and the other is that the State1 fears SH thnt Bell will not stand by his con- VhI fession that he is liable to throw down 01 the prosecution and docs not care to rako a chance with him. As a matter of fact, much doubt is expressed as to whether Bell has really "come through" with a real, signed confes- 91 sion; henco the State's reluctance to jfl produce him. Itl Asks Discharge of Sheets. A motion was also made by tho dc- Illl fense that Shoots be discharged, ns the f evidence was "insufficient on which to 11 bind him over to tho District court, but fJI this also was denied. ftl When court met nt 10 o'clock Par- 11 rent was recalled for further cross-ox- IH amination, conducted by Judge Thur- Going back to the conversation with Dotectivo Raleigh in the New Brims- .H wick saloon, Parrcnt testified Wedncs- tH day that when he was shown tho "big ( mitt" gamu the detective said, "That ought to get the money." 'H Reading from the evidence given by Parrent in Judge Whitaker's court at the former hearing Judge Thurnian quoted tho crook as testifying that Raliegh -H "iust smiled and said, 'Be careful.'" JH When asked for an explanation, Par-rent Par-rent said "Raliegh said Tie careful-' and the other statement as well." Donaldson Somewhat Mixed. At the afternoon session Jim Don-ahison Don-ahison was recalled by the defense. Donaldson responded as blithely ns usual. The first question he was asked IH was if ho was acquainted with Bell, 'H and he replied thnt he met him m Reverting to the testimony given by Donaldpon at his own trial with re- "urd to the bunko game. Donaldson IH was asked to explain his testimony then IH and tho evidence given by him Tuesday, fH as the two versions were at serious il variance. The question was whether IH Donaldson was playing 'Sheeny IH Peck's inonev or cttsn belonging to cue fiH house, for which Jack O'Brien dawned iH to bo responsible. Donaldson at van- fH ous times had testified about all ways. H and Thursday ho admitted that when ho I'H testifiod at liis own trial that ho bought B 2000 worth of chips with his own money that, was not true. Ho now as; sorts that ho bought 5100 worth ot chips with his own inonoy and tho re-mainder re-mainder ho was playing bolonged K the house. , ... When asked his reason for tolling a falsehood at that iimu ho replied: ! 'i lf w J B !' ' didn't intend to toll a falsohood; my J jj 1 ' memory lias cleared up since." ": fi ! Strangers Run tho Graft. ! ii ; . Somu statomonts made by him in t n h nowspapcr interviews in October and ; !! ij t, jNovombor last year were denied. News- ' ' j'" jj r papers did not tell tho truth, ho said. I W l ' denied that ho had any animus f i jj "nyninst Chief Sheets further thnn that !L f. : U Shoots had violated his word; after jjiv- ' Sli ' 'I ' jn n'm l'M0 pi'iviloco to handlo tho .-i if j gambling and craft he had brought in strnngors to ruu it. i ' ; Attorney Chrislenson, who conducted i " ..k tlio examination, asked: "Did Council- j ' " man Hobday come to you. and ask if it j wis a fact that the county ollieials had 1,1 promised immunity to you if you would i go on the stand and testify against Mr. ! rthoois, and didn't, you say, ' Yfes, they 1 J had; and while Sheets and I are en- '' i , , cmios and have been for somo time, 1 1) ! want to say that Sheets is as innocent U . as a babe' ?"' i , " No, sir," came Lite reply. ' f This closed tho testimony. All Motions Aro Doniod. Attorney Christenson then moved to i .strike out' all the testimony of Parrent I and Donaldson in so far as it purported I : to give the conversations of Bell or St. r I Clair out of tho presenco of tho Chief, ;' ' as it. appeared from the evidence that i i , Bell is in Salt Lake City, can bo pro- ; j 'duccd, and his is tho best evidence. ! ' I This was a challenge to the proseou- 1 'lion to produce its star witness, but it ! could not be drawn out, and after brief ; , argument tho motion was denied. Attorney Christensen then moved that the defendant bo discharged, for the !. reason that the court had no jurisdiction jurisdic-tion of tho subject matter because tho i Bamo facts were pending adjudication ' before another court at that time; and ! or tho further reason that there was no evidence to warrant the court in ; ; finding that tho offense of bribery had IWft U I been committed, or that tho defendant rWS t ! i -liad received a bribe. !' jj In Mr. Christenson argued that the only r 111 ' evidence thero was, was that, of two ac- 1 If 1 complieos, and it could not bo accepted. t- f H' ' Donaldson said 0 ttrien had told him ho -f'lllfc ! paid Sheets S1S00, and Parrent testified .! tf 1(1 i . that Bell had paid Sheets $-180. .ftHw District Attorney Loofbourow con- i' mW ' ionded that Donaldson had paid Sheets t J ' $200; thnt Sheets said he had received fiKk I i Jt lrom O'Brien and Parront saw Bell Bp I : pa' another bribe. TP 1 I ' After some further discussion, .Tustico SI. -Bishop announced. laconically, "Tho I j ! motion will bo denied." W ' , .An adjournment was then taken until I If ( 30 o'clock this morning, when court will E' ii convonc at Waterloo precinct, tho case ft j'; liaving been opened there, k- , fi Ifc ls "t believed tho defense will j r i mTor a"' testimony at this time. |
