Show SHEETS SHEETS' COUNSEL OFFERS PETITION Soren X Christensen Seeks to Obtain Writ of Prohibition J In n District Court BISHOP DENIES MOTION Defendant Asks that Donaldson's Donaldsons Donaldsons Donald Donald- sons son's and Testimony 1 mony nony Be Stricken Out I The attorneys 5 for the defense deren e In Inthe Inthe the Sheets bribery case have a asked lerl Judge George G. G Armstrong Armstron of ot the criminal division of the Third District court to issue a 3 writ of or prohibition against further proceeding in the case Sor Soren n X Christensen handed a av v lengthy length petition for tor the writ to c Armstrong last laet night and the judge J will viii probably Issue IEsue a temporary writ writt t this morning pending the tho arguments argument Il lie ma may set a a. date for ar argument nt on n 1 the motion The writ of or prohibition JI Is a asked l ed on the Iho grounds that Justice of oC the P Pae e F. F M. M Bishop I hop ha has no jurisdiction inthe jn in tho the case caFe because a n complaint covering cover cover- ing Irig tho the ame same acts but lUt mal making ing a different dif dlf- dif dif- ferent frent prent charge Is now pending in III the thc T District court The attorneys s 's cover over the points In th the evidence e brought out t h by tho the state at the tho preliminary ex examination cx- cx C Ci i before Justice Bishop anc and submit that the sam amt acts or aro alle alleged pd J 1 to have been heen committed l by tho de- de fondant in an action pending In hA tho criminal court Slate Stute Uc t e. CaH The fhe tate state rested In the Sheets hearIng hearIng hear- hear Ing Thu Thursday da and anel Jim Donaldson was pu put put- on the stand tand again for the bene- bene e lit fit of or the tho defense e Tho cross cros n of Donaldson wa was continued by y Attorney rno cr who c eOn confined his questions solely to the thC card game s-ame and anti tried to attack the credibility oCth of oC th tho hA witness Mr Ir Christensen ten en called calle Donald's Donalds at att attention at- at t to an interview given h by him to fo local newspaper men In which he lie liei i Donald Donaldson on onald said taid man many marty things that do not harmonize with hl hi his testimony Donald Donaldson on repudiated the Interview and raid that nothing nothing- which appeared in the newspapers was true truo W r Ho denied that he ho had liati in a conversation conversation conver cOn f Wf f. f with Councilman Thomas Hobday Hobday Hob Hoh- day said Sheets ts is as fiS Innocent a as asa asa a babe babo He said Id he had refused ed to tc testify when Parley P P. ChrIstenson promised him Immunity last fall fali Court Denies Motion When Donaldson had been dismissed dismiss dismiss- ed b by the attorneys Mr Ir Christensen tenen moved mo to lo strike out all of the t testimony test test- tl- tl mon mony of or Donaldson and In Insofar In- In as It gave c tho the conversations between be he- tween t them and Bell out outside the presence pres pre once ence of the tho chief The attorney suggested sug sus- y that Bell Dell is the best hest evidence of what he said end and is Ig able to tellI tell I i. i and within the Jurisdiction of or the f- f court Bel BelIs Is said Mr tt Thurman here i I Land and there Is no reason why he ho cant can't b p il pilon on the stand and ten tell himself what Bell Dell said to Sheets If Ir th they y want evidence from Bell as fiS to what Sheets knows why not put him on the stand t give us a n. chance to cro cross ex District Attorney Loofbourow blocked block block- ed pd the effort of or the defense to get the state stath to show its Hs hand and the court denied the motion Motion to Discharge Mr rr Christensen en moved that the i court discharge 11 the defendant on th tho tame grounds that are ore covered In the u request for writ of ot prohibition He Hes s said ld there was s no evidence to warrant the court In believing that the offense orren c cI I of ot briber bribery had been heen committed There Is Ig not a scintilla or of evi evidence evidence p. evi- dence he said ald except that of a cocon coconspirator coconspirator co- co I con conspirator or accomplice lie contended that bribery must be shown and that Donaldsons Donaldson's statement statement state state- ment that OBrien O'Brien told him in Denver that Sheets received 1800 was not nol sufficient nor was wn statement state state- meat ment that was vas held out of or the 2000 deposited with the D Deseret erEt erEta National National Na Na- a. bank bani District Attorney Loofbourow contended contended contended con con- tended that the thc court could bind the defendant over o on the testimony of an nn a accomplice but that the jury jur may not convict con on the same amo testimony test He cited thE tho fact that Jim Donald Donaldson on told toM of or the money that was W held out for Sheets that saw Sheets patch paid and that Jack Jacle OBrien O'Brien said old In Denver Shoots Sheets received rl 1880 All 11 ll ol 01 this he said had h been en dieted The Tho motion to dl discharge charge the defendant de tie was denied and the case casc W was va continued until Friday morning Latoi 1 the attorneys for or the filed tiled theli petition petit for tor a writ |