The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-12
JURY FAILED
TO Agree
Continued from Page u

coal SnedS waiting Tor thieves?
IF occasion would demand it. l have
frequently been waiting on the inside
of the house and always found that the
best end" Laughter.)
After some further questioning along
this line the detective was excused.
DETECTIVE PAUL.
Detective Paul was then put on the
stand and described the interior OF
! Lii Evans summer kitchen. 1t con-
| tanned a table, stove and several other
articles The place was about SKIS feet
/ on the inside. The door was fastened
! by hooks and staples, but there was a
space between the door and casing
enough to allow stick or knife to be
inserted so that the latch or hook fas-
tening could be Embossed.
CAPTAIN DOBSON..
Thomas Dobson, night Waterman on
Main street, saw Captain Donovan in
company with Richards near Smiths
corner about S;25 on the morning of
/ the raid
Powers-You don't speak to Captain
! Donovan, do you?
/ Witness-We have not spoken to each
other for week or two. Naughter)
That's all, you are excused" was
! the prompt command.
CHIEF PRATT.
! Chief Pratt was next sent for and
placed on the stand. After a few pre-
liminary questions he was asked by
! Whittemore:
What is the custom of the depart
ment regarding raiding houses of pros
titution? What kind OF raid did you
make the other day?'
ITS the same kind of raid as we
11oT hoo
years"
Judge Powers wanted to know the
purpose Of this sort of examination.
Whittemore replied that it had been
| intimated that the raid was a put up
job to catch Captain Donovan.
In other words" put IN Judge Pow
ers, you are attempting to exonorate
Chief Pratt when he is not on trial for
anything?"
The court did not interfere and the
chief then went on to explain how the
raid was planned which was substan-
tally as previously stated through
these columns.
HOW THE RAID WAS MADE.
1.-The warrants" he said, were is
sued on the evening of February and
it was understood the raid was to. be
made as soon as practicable. The raid
tween the members of the police board
and the mayor" he understood.
Whittemore asked: "Since Captain
Donovan returned to duty has he re-
ceived any orders from you?"
Yes, sir; when he was reinstated by
the commission and reported for duty
on December Is 1 instructed him to
enforce the ordinance against gambling
and Sunday liquor selling. That is the
only order I have issued to him"
SERGEANT FORD.
Sergeant Ford was called to the wit
ness stand, shown the complaints used
in arreSting the inmates of these houses
and said they were made out on the
evening of the 9Th and the warrants
sworn to at the same time.
Judge Powers here showed witness
the complaint which bore date of hav-
ing been filed on February G, and asked
him if it was not a fact that the pa
pers were made out after the raids
were made.
No, sir, they were made out on the
evening of the 5th and taken before
Judge Wenger and sworn to shortly
afterwards"
The court at this point decided to
explain something in connection with
this point, but was broken off by Judge
Never mind, your honor. When I
want you to testify / shall put you on
the stand. I don't desire any sugges-
tionS from the court. That is the rea-
son called a, jury in this case
This closed the testimony and after
some squabbling over the length of
time to conclude the arguments in the
case the court finally consented to
place no restrictions on either counsel.
MR.. WHITTEMoRE's ARGUMENT.
Mr.. Whittemore made the opening
argument. He began by saying the
prosecution of this case was one of the
most unpleasant duties he had ever
performed He had known Captain
Donovan for a number Of years and
now to be compelled to try him on such
a charge was a circumstance he great
ly regretted. He laid great stress upon
the period elapsing from the time the
officers first knocked at the door until
they were admitted. The time was
about sufficient to allow man to
dress, he said, and while such might
not have been The case the point was
one the jury should consider. He also
laid stress upon the failure of Captain
Donovan to say anything about watch
ing for coal thieves when placed under
arrest by his fellow officers. The fact
that the captain resisted arrest might
also be viewed with suspicion. An
other peculiar circumstance was that
the captain could not tell what the
contents of the kitchen were although
upon his own testimony he waited
there for nearly an hour before the
raid was made. Mr. Whittemore spoke
briefly, but logically, outlining the case
as given above
In summing up Attorney Whittemore
said: | want you to come back to
earth; 1 want you to consider this case
as human beings, not imagining your
selves among the heavenly bodies, as
the eminent attorney for the defense
has led you to believe.
Captain Donovan has been charged
with an offense, which means a great
deal to him and he certainly would be
justified in denying the charge; it
would be, in fact, an astounding thing
for him or any man in his position
not to deny it. There is not one man
in a thousand, no nor in a hundred
thousand, who if they had been in that
position would not have denied it. 1t
was but natural and nothing more than
was expected by most people, that he
with wife, family and occupying
a position of public trust, should deny
the charge. You certainly could have
expected nothing else.
The evidence plainly shows that
Donovan could not have been in the
back kitchen at the time of Officer
Packs appearance at the rear door.
Had he been he certainly would have
him, since he was there look
ing for coal thieves, and would not
have waited for Pack to have chal-
lenlged him
When the defense claim that if he
had been desirious of escaping he
would have done SO through the west
door they are mistaken. The west door