Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-17
THE CASE OF CALEB ". WEST, JR.

/ MS 1t ANNAE0AA > AGGA
and, at point blank range, pulled
the trigger; and that the revolver
contained at least three charges, but
the hammer fortunately fell OF
an empty chamber. 1t was
a narrow escape Of Nelson from
being shot in a vital part. Nelson
ran TO the City Hall and reported 10
a police officer the attempt that had
just been made upon his life, and
the further fact that West had
Threatened TO kill him yet. The
officer refused to act without a
warrant 1t being evening there
was not an attorney at the City
Hall to draw complaint, and no
officer at hand authorized to issue a
warrant. Nelson tried repeatedly
but in vain to secure the arrest Of
West by the police department of
the city, but was haffled because of
an evident purpose Of the officers
not TO make the arrest. West is still
at large.
Confirmatory OF the forego-
ing, and particularly of the disposi-
ton Of the police department Of the
city in regard to the case, the follow
ing is taken from the chief II iberal,,
organ OF the 10th:
''The case Of Caleb west.Jr..was no,
brought up in court. yesterday; and
the reason, rs stated by the Chief OF
Police, is as follows County Prose
cutor Moyle put i representative
named Easton into the Police Court
some time ago TO attend 10 the county
business, and such cases generally as
did not come under the city ordinan-
ces. Bat Tor the last three weeks Mr..
Eas,on has been on a picnic in Colo
RADIO, aud the business be was sup
posed 10 take care Of went six ways
for Sunday, except such pressing
matters As Assistant City Attorney
Eichnor was willing to put himself out
- attend to. II is not his place to look
after Comfy Attorney Movle's bust I
ness He clnno: be expected 20 do i 4
unless paid, and Els;on never even /
suggested pay when he went away.
The prosecution of.young West comes /
in Mr.. Moyle's jurisdiction, and as
he has not depuiized Mr.. Eich- /
nor, the latter would have to conduct /
the case without pay, something /
lawyers are not over-anxious to do. I
Moreover. he WAS very busy at the /
time with city business. which he was |
paid 10 attend TO, and he did attend 10.
His conducting the case OF the Gun .
play on Officer Raleigh was gratuitous /
ON his part, and was done because
Brother Moyle could not or. did no. .
attend 10 his business. II Movie will /
appear and ask for warrant, there 4
VIII be no trouble abont its being
served. The Chief didn't know but
that the grand jury would handle the I
case, and save all the preliminary I
trouble and expense Of bringing it
into the lower court
From the foregoing it would seem
that the chief Of police holds his de.
Partmentunderno Obligation to make
arrests for any oTenses except those
which are in violation Of city ordi-
nance. Felonies will not be coz
nizable by his subordinates. fla
policeman sees two men fighting
with fists and feet, he will arrest
them, because fighting Of that char
acter would be n violation Of a city :
ordinance. But il one man cuts
another mans throat with fataI
effect, the case is county business. ,,
and the city police need not exert
themselves to apprehend the muir
derer. Should a witness OF the
homicide seek to procure his arrest,
he must see the county attorney;
the city attorney Is net paid to pre-
pare afiidavits nor warrants for the
arrest felons.
Burglary is a felony; therefore the
arrest and prosecution Of burglars is
county bust ines" and outside the
purview Of the city police. Any
citizen who imagines that the wear
ers Of blue suits and brass buttons.
who promenade the streets are Maid
to protect the people from being
shot, at the caprice Of drunken des-
peRdOes, or to lie a check upon the
en;erprisIng burglar, or 10 in
terfere in restraining way
with persons who contemplate
The commission, Orhsve committed.
any felony, are laboring under a
ielusiOn. This is all county btisi.
ness" Ifcitizens fear housebreak
rs they must apply to the county
or protection. II they have been /
'hot or shot at, they should save
themselves time, trouble and disap-
by applying to the J;
Iherif-'s office, passing the City !
Hall. :
II, however, n citizen is disturbed
y n disUordant noise, or If he is an :
loyed by the dumping OF garbage /
n the street, a representative OF the a
,olice department will rush, with
lair streaming in the winl. and !,
'oat tail Tapping in the breeze, TO '
Irrest the offender. In 50 grave an a
n warrant viii rot be
waited for, but the culprit will be !
ecured first, and formalities attend e
d to afterwards.
But should an intoxicated rufIian q
.isturb citizens place by shooting, !,
instead Of yelling, at him, and b
urther add to his discomfort by !
threatening to XII him later, moth =
ng can be done until some magis- y
rate has been convinced, by an c
that an offense has been a
and issues a warrant 10 :,
n officer. The danger that the a
riminal may escape, cuts no figure u
n alternating the necessity for red {
ape. o
However absurd the foregoing II
may appear, they logic n
lily follow the position taken by the I;
hief Of police in the West Ease, If =
e is correctly represented by his v
wn organ as quoted above. al
o show that the Practice Of d