| Show I ARMSTRONG GRANTS RANTE 6 MOTION TO George Raleigh and Bill BlU New NewS Newton Newton ton Discharged on Con Conspiracy Conspiracy Conspiracy Charge 1 ECHO McWHIRTER ROBBERY A Ground Groll for hr jil II nil 1111 11 to 11 C Upon U ii i Which i Chief Sheets Was 1111 i p Goorge and William New Newton ew ewt b Judge Atm Arm ton t ll discharged by strong lIrong In III the criminal of the tho Third district tills upon mo 1110 motion tion t n of ot X attorney for fo the defendant T 10 I i e two were charged cht red In n filed by h lio ttO attorney with criminal nat ton Tho rho action win WItH Mon heaL with that In lit the tho CUSP korge Raleigh chief of ni de detectives d r I who n soon sr OIl on after pub public lic He sentiment reached It a point where wll ro that thet course oure was wa tho the only one on open p to III the sleuth wan WM with a ocon cOn ei swin swindle part In tho the dI die dle and robbery In tho the Antler rooming in In tho thu fall tall of ot 1006 William New Newton Newton eW ton tou known generally us 11 BIll HIU Now of tt Ii ton an all alleged formerly Unite Billie wail Willi similarly Dr Jim Donaldson sporting drug Iru fiend ncnd stool pigeon was Wll charged with u II t putt similar and nod Is It at nt liberty on a Il bond Hod 11 1 on nfl hl his bIB appeal up peal to 10 the supreme court Don Donaldson was WILS sentenced l by Arm Armstrong strong to servo serve 10 years yearn at nt hard h labor laborIn In Sn the state prison for tor hl bitt part purt In tho McWhIrter robbery Other defend defendants ants were Larry Larr and Ott Johnnie Wi W H PluTon W W Bell Dell Sheets COllIer chief elIef of ot pollee police and 1 Nick nos fl whoso other and true truo truename truename name nama Is unknown 10 to the tho district at nl attorney attorney f torney The Tha crime IB lit charged to have hao haoen been en committed Aug AUR 25 2 1900 ioa Justice IT 33 J M 11 i Bishop Ds P committed them for tot trial on May 25 1907 1901 i THE rIlE MOTION The motion of ot Mr MI en was to 10 tho the court Neither Mr I Christensen nor Mr Loofbourow argued ed ad tho tb motion Mr Ix sug suggesting goslIng gesting that he ha anticipated that tha tho courts ruling would ho he the tho same samo as nR In Inthe Inthe Inthe the Sheets case The rhe motion reciting the ground upon which dismissal WItH wan asked IB In UM Como Conic now the defendants In Itt the above entitled cause and 1 move the court 10 lo vacate quash and set net aside tho th inCUr Information mation mallor flied filed herein upon the follow tollow following following ing grounds 1 said Information charges the tho defendants with tho commission of ot acts autu constituting a It felony telony and falls tails to re recite cite that thu tho defendants had heretofore been duly or at all nil committed by a n magistrate magl for such offense 2 That said Information charges the he lhor heI l r I defendants with the commission of at acts constituting divert divers und nd sundry felonies feloni to wit 1 J robbery robber 2 grand lar IlIr larceny f ceny cony 3 obtaining money amounting i to more moro than 50 uder false pretenses 4 personating another and In uch assumed character receivIng J money none knowing that hat It WItH was Intended to 10 tolie tObe be lie delivered to tho tito Individual so per pel personated perc pelI c I said aId amount of at money amount amounting amountIng ing to more mora than thai 50 And said Haid In Information formation falls fails to recite that tho de had theretofore been duly lulY committed by IJ a IL magistrate for tr or the tho commission at of said felonies or 01 either at of thorn them 3 That no preliminary pro examination of o defendants has been icon In fact had hadi c eal a committing for tor i raid aId felonies enumerated In paragraph 11 two o hereof 4 That tim tho th order of ot tho the examining 1 magistrates holding the defendants to to 10 this court does no not nol designate nor specify that the tha said Haiti defendants are held to 10 answer for said eald l felonies before committed or 01 either of tiC them thom w ii C That the tho said Information accuse r p the defendants of oC tho Jf Jt crimin criminal y I al ni conspiracy wh whit v r tho the thoi i said Held examining v 1161 n lInS the tha defendants to antIwar answer an IIer to 10 this thIH court holds them to answer for tor conspiracy y yanI anI anIf f i 6 That said ml l Information attempts in to charge the commission of ot a criminal conspiracy tho th being ft It misdemeanor I meanor mean II only ani and nna further charges charge tile the of ot acts amounting to a felony fIon or divers Monies felonies u In tho the execution 1 tion of the said sold alleged conspiracy thereby showing that taiti conspiracy f merged Into In III a n felony or Monies felonies M as nI nIt t above stated for fI said HIlI I felony or 1 felonies s tin Ill sold mild 1 1 defendants never I been he en examined before a II committing n |
