Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-02-12
DONOVAN GETS OFF.
JustICs We1ser Holds That Hs Is Rot
Guilty.
The JURY FAILED TO AGREE.
Tho Captain VIII In All Probability
Resign within the Next Few
Days-llls Reasons.

The Donovan trial Ia over. Tse
whom Justice wcngor held that tie
prosecution had fhiied to make out n
case and ordered the defendants dis
charge. II was Whispered that tho
captain would have resigned last
night II tho verdict Of the Jury beer
UNANIMOUS for Acqui1,al. But the
proposition stood three to one and the
contemplated retirement to private life
was postponed for period which II IL
now intimAted will be OF but brief
duration.
Speaking upon that subject this Of.
tetnoon Judge powers said; "Yes, II IL
true that Captain Donovan has under
considetatloni the question OF resign.
Ing. II IL the desire OF his wife that
ho should do 20. She fears tina, ow-
Ing TO the strong feeling against
him AMI the circumstances oonntc.
with this case, violence might DO uone
him whom he would be powerless to
prevent II. Anyway there II nothing,
W hHAhNhk w hh
under tho new order OF things but
walk the streets at night. lie
has been deprived OF his power 10 that
extent that he can DO no public
good and therefore should not
draw pay from the public for seT.
vices that he does not reHccr. His
resignation will, Of course 10 adj
dressed 10 tho chief, N sent In, and
with the request that II DO promptly
forwarded 10 the commission for ac'
ceplanee,n
JURY DIaAuREEs.
The case struck n snag last night at
an extra session Of the court alter cx.
haustive Arguments by counsel, when
the Jury. which was composed Of C.H.
Parsons, John q. Cutler, h, +. Bauer
and James Ii. Brown, announced that
they were unable TO agree on . verdict.
Three were for aoguittal and one for
conviction. IL IL Tumored that Mr..
Cutler was this Juror who did not zee
eye 10 eye with the majority.
Judge Powers Immediately asked
that the oA-e be set for Te-trial this
morning at 10 o'clock.
DISMISSAL IsTDiATKD.
When 10 O'Clock arrived this morn.
Ing tho captain and his friends we're
on hand aud shortly afterwards Judge
Powers put In an appearance. He was
asked by NEWS representative as TO
when In his opinion the case would 20
TO trial again.
at will never go to trial again." TO-
spondeI the Judge, ana the reason for
his conclusion was disclosed In the
following court cOlloquy which toUk
place lev moments later
"lf II please your honor" the Judge
ssidI prosecuting Attorney Whitte-
moro has Just telephoned mo that he
would like 10 have the case stand over
for the day ON account VI being on
gagged In the supreme court. Also
that unless there was more testimony
forthcoming he should be compelled TO
ask for n dismissal as no felt that be-
would not be able TO seeafe q oonyic'
ton on the evidence thus far addUced.
IL IL not improbable that Mr.. Whit
temore may DO ready 10 take action
sometime today"
Judge Mckay appeared 10 DO very
agfseaoly surprised over the turn In
the tlde aud said, "Lst us have ths
case set down for ten O'Clock tomorrow
morning."
Judge Powers-I have q case In the
district court at that time aud would
lind II very inconveniont TO DO here.
The Coutt-Nety well. / will r1 II
at . O'Clock, or $3.50, as II will not take
| long to dispose OF II.
| Judge PoweTs-There will be no no.
cessiiy to do thAt-make II 10 anu /
will ehdeAvor TO DO present Though
In fixing that hour would like to have
It understood that Mr.. Whittsmore
may come In to court today and have
the case disposed Of.
The Court-CerIainly. The case
will be set for tomorrow al 10 O'Clock
with that understanding.
DONOVAN DroHARoKD.
Hquarely upon the stroke OFF, O'Clock
this afternoon Mr.. WhiitemOrs caught
the eyslsnd car OF the court and saiJi
"The Jury Ia this case wa. unable 10
agree and has been discharged,
informed counsel for the defeuse
this morning that unless more owl
dence was produced AgglPst tia de-
ieudant 1 would recommend dismiss
al Of tho case. hAVs since talked
with the Witnesses and md that they
have nothing now, The cAss was pre-
sented Ms fully as possible and with ~
much vlgor NJ could command under
the circumstance. but without avail,
anu / gree to a dismissal. Judge
Powers. however, prefers u tinAl judR-
meni, ana therefore | Rui willing to
submit tho case to the court anu have
II pass Whatever judgment II may
deem proper"
Judge Powsrs--I agree with counsel
that tho prosecution presented It's
case aa strongly M pos,i-
bic. am perfectly willing
that It should now DO submitted 90
your honor. Perhaps In the future
Captain Donovan may desire 10 follow
some other pursuit for n livelihood
than that Of n pslice ofiioer and mere
dismissal Of this case might stand In
tho way OF Advancement. That being
true it would bo better to haveR definite
| judgment.
The Court-In this matter q Jury
was called In originally. IL was com.
posed OF business men who were above
reproach In the community. DO not
hesitate 10 say they acted us their ludg-
ment dictated that which they be-
L