The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-12

The trial of Captain Donovan,
char ged with resorting to a house of i'll
fame for lewd purposes, was resumed
in the police court yesterday. afternoon.
There was the usual large attendance
OF spectators, who remained while the
defendant closed his testimony and IN
til the balance of the evidence was in.
but made a demonstration during
Judge Powers argument and the room
was cleared.
After the arguments had been made
the jurors retired with a. constable to
the police commissioners room without
any charge from the court. They re-
manned out fully an hour and returned
with the statement that they could not
agree. In answer to Judge Powers.
Foreman Parsons stated that the dis
agreement was on a question of fact.
The case will be called for trial again
at 10 a m today
It is stated that Jurors Bauer. Brown
and Parsons favored acquittal. while
Juror J. C. Cutler favored a conviction.
When court convened Captain DON
ouan was placed on the stand and
Judge Powers requested him to cor
rect any erroneous statements he
might have made on the stand preVi-
ously. The defendant replied that he
war mistaken in regard to relieving
Officer Burbridge, who was sick, on
the morning of the raid, as he had tes-
titled on the stand last Saturday. The
captain also denied that he struck a
match while in the kitchen, so that
l.
been mistaken in making such q. state
ment Owing to the darkness ii was
impossible. he said. to recognize the
officer on the outside. He could only
see the brass buttons and thus knew
the person was an officer.
CROSS EXAMINATION.
Here County Attorney Whittemore
began the discrimination which
lasted for nearly an hour.
The captain related his history in the
department having served since 1890.
Questioned about Chief Janney's re-
moval he denied having anything to
do with that matter The captain then
explained the duties Of his office, read
ing from the department rules which
were offered in evidence.
These preliminaries over the examin-
alton continued:
What are your hours Of duty?"
From 10 o'clock at night until 6 in
the morning. during which hours 1 am
supposed to have charge Of the de-
partment.'
What have YOU been doing during
these hours lately2"
Z have been walking the streets Wis
iting the patrolmen. Not a single or
der has been issued to me since was
reinstated"
"While you are on duty do you wear
your uniform"
Eyes, sir
DO the rule, require you to report
at headquarters when you go off duty
at o'clock in the morning."
NO. sir. ] am not compelled to do
that"
Now during your career as cap
tain. have you often taken it upon
yourself to ferret out cases of bheft or
run down criminals?"
Il have, quite often One case. not
very long age. when a gold watch was
missed from Kitty Hicks resort. 1
went down and entrapped the guilty
party"
Can you recite any other Cases?'
I suppose I could by being permitted
TO look up the records
rs it not customary to detail men
when such complaints come up?"
Sometimes 1 do. but have very Of
and pawn chops looking for stolen
goods. When ] am off duty have no
direct control over the men and would
often have to do such work myself.
The witness here explained that
the custom Of patrolmen to re-
port 81 at every half hour
was not so much for the
superior officer to know what they were
doing as to know that each man was
liz
rs it not a little irregular, captain,
for you to lay in waiting to capture
offenders instead of detailing some of
your men to do it?" was asked.
81 don't think it is
You believe in the principle then
of a general going into battle with his
men behind him?"
Powers objected, admonishing the
prosecuting attorney not to confound-
the present case with the Dennis trial,
recently heard in the district court.
(LaughteT).
The witness then traced his wan
behring's on the night of the raid. Rich
ards. the sporting man, first told him
about coal having been missed from
Lii Evans place, he said about three
days prior TO that time.
You are very friendly to Richards,
are you not?"
IT know him the same as 1 would
any other man, you or any one else"
How did he come to tell you about
the coal?"
'T met him on Main street and he
told me and suggested that if 1 would
station myself in the shanty I could be
able 20 catch the thief"
Returning to the morning # the raid,
witness said he met Office Seigfus
about 3 o'clock on State street and
told him the coal story, but could not
remember the exact language used to
the officer.
e.Who told you how to get into the
kitchen2 %
Richards. He told me a man could
get into tae place by inserting his
lrlife and raising the latch I entered