The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-13

The case of Captain Donovan was
called up in the police court again at
10 O'Clock yesterday morning. Judge
Powers. the defendants attorney, was
promptly on hand, and as soon as the
court was ready to proceed, he said;
IF it please your honor, Prosecuting
Attorney Whittemore has just tele-
phoned me that he would like TO have.
the case stand over for day on ac-
count Of being engaged in the supreme
court Also that unless there was
more testimony forthcoming he should
be compelled to ask for a dismissal
as he felt that he would not be able
TO secure a conviction on the evidence
thus far adduced. 1t is not improb-
able that Mr. WhittemOre may be
ready to take action some time today.
City Attorney Mckay suggested that
the matter 90 over until 10 O'Clock this
morning. but Judge Powers remarked
that he had a case in the district court
at that hour. After a little discussion
however, Judge McKay's suggestion
vas adopted with the understanding
that Attorney Whittemore might call
il up later in the day. The proceed
ings rested there, but the general i'm
preston was that the whole matter
would be disposed Of before many
hours.
MOVES FOR DISMISSAL.
This proved TO be correct, for at .
O'clock, County. Attorney Whittemore
appeared in court and addressing
Judge Wenger said:
4 ne jury in this case was unable to
agree and has been discharged. / in
formed counsel for the defense this
morning that unless more evidence was
produced against the defendant [ would
recommend a dismissal of the case.
have since talked with the witnesses
and find that they have nothing new.
The case was presented as fully as pos
sible and with as much Vigor as
could command under the circum-
stances but without avail, and l agree
TO a dismissal Judge Powers, how
ever. prefers d final judgment, and
therefore I am willing to submit the
case to the court and have it pass
whatever judgment it may deem
proper"
POWERS MOVES FOR JUDGMENT.
Judge Powers-I agree with counsel
that the prosecution presented its case
as strongly as possible. / am perfectly
willing that it should now be submitted
to your honor. Perhaps in the future
Captain Donovan may desire to follow
some other pursuit for a livelihood
than that Of a police officer and a mere
dismissal Of this case might stand in
the way of advancement That being
true, it would be better to have def
mite judgment.
NOT GUILTY"
The Court-In this matter a jury
was called in originally. 1t was COM
posed of business men who were above
reproach in the community. l do not
hesitate to say they acted as their
Judgment dictated that which they be-
lieved to be right They couldn't agree
and in justice 10 them ] want to say
that no charge was delivered to them
by the court Had there been it would
no doubt have been easier for them TO
agree on a verdict. They simply took
the case as presented. l saw all Of the
proceedings and heard all of the testi-
nfony The matter is now in this
shape. l am now, and was when the
testimony closed. of the opinion that
the prosecution have not made out
case I shall therefore render a verdict
of not guilty and discharge the de-
PENDANT.
FINALLY DISPOSED OF.
This. of course. finally disposes of
the case. and when the decision was
announced Captain DcDovan shook
hands with his friends and immedi-
adely left foc home.
WILL PROBABLY RESIGN.
It is intimated that now that the
difficulty is disposed of. Captain 'Dono-
van will resign from the department
Judge Powers says that such is the
wish of the captains wife, as she fears
that. owing to the strong feeling in the
department. some serious trouble
might issue His resignation, if he
Intends To send it in, has not yet
reached Chief Pratt.