The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-10-20

HAD NOT CONCLUDED
WHEN COURT ADJOURNED
Nothing Sensational Was
Brought Out in the Con-
Gliding Testimony.

The State closed It's case in the pro-
liminary hearing of the charges against
Chief Of Police Sheets at 4 clock Fri
day afternoon, and Immediately there
after Attorney c. S. Varian, for tho
defense, moved that the complaint be
dismissed and the defendant discharged
for the reason that the offenses charged
in the complaint were not supported
by the evidence and there was not
probable cause to believe that the de-
This motion was being argued when
court adjourned. The hearing will not
be resumed until Tuesday as Judge
Armstrong holds session of court
in Summit county on Monday. {
When the State announced the close
| of its case Mr.. Nariap arose and asked !
| which of the charges the prosecution
| claimed they were entitled to upon the
| evidence admitted. He read the statute
| and part of the complaint which
charged Chief Sheets with being an
accessory To the crime, concealing
| harbor and protect said men named
| therein Mr.. Varian claimed the sta
| tute provided two offenses and he de-
sired TO know which branch of the sta
| tute the prosecution claimed they were
entitled to go before the court upon,|
or if they were entitled to go on both
| charges.
Attorney Arthur Brown contended
| that it was all one thing charged, and
not two charges.
Makes Motion to Dismiss.
y Al. L
to dismiss. In support of his motion
he said he did not know what view
| the County Attorneys office took OF
the statute. The statute was in sub
stance a legislative declaration of the
elements which al common law made up
the crime Of an accessory after the fact,
and purported to define accessories.
The word-chaERa. referred 20 formal,
local charge, and an unofficial state
ment made by some one, but it must
be a formal complaint; and harboring
and protecting must be giving assist
ance with the intent to enable tho
| offender to evade punishment
Mr.. Varian read large number, OF
authorities in support of his contention,
in which it was held that an accessory
comforted q felon. n Zben
was one who received, relieved or
comforted a felon The felon must be
sheltered by the defendant, and the lat
ter must assist in his escape.
The circumstances in one case IN
Virginia almost paralleled the case at
bar and the court held in favor of the
| defendant. In that case no arrest was
made because in doing so 1t was be-
leved it would frustrate the effort OF
the victim to get his money back. the
object so much desired by the victim.
a case under the California statute,
which is similar to the enactment IN
Utah. was also wholly in favor of the
defendant, both as to circumstances and
the result
What Utah Statutes Provide.
In Utah also the Legislature had in
sisted on there being full knowledge
of the crime having been committed
| before it could be concealed from
magistrate-not mere silence, but some
| affirmative act looking TO the shielding
of the offenders by keeping 1t from the
magistrate.
As to the second section Of the
statute. harboring and protecting
must also be some affirmative act LOOK
ing TO a giving of aid or assistance TO
the fellow TO enable him to escape
punishment from the law,
Mr.. Varian was in the middle of hla
argument when court adjourned
No Sensational Features
The evidence led by the prosecution
was devoid of the sensational features
that were expected and developments
against Chief Sheets.
Much has been made by the highly
incensed opposition press that at the.
| drug store on the corner or Mar.
ket and West Temple streets Sen
called for telephone No. IS, the ofiice
of Chief Sheets. Fred Anstee, the pro,
prietor of the store. testified that Bell
did telephone No. 10. and asked for
! Sheets and Raleigh. but he did rot
! get either one of them A morning pa
! per devoted its entire headlines TO
this incident Friday morning, saying
| that McWhirter was IN the, ofhce, ana
heard the Chief answer the phone,
but Mr.. Anstee s evidence, who IS Q
totally disinterested witness. is direct
| refutation of this statement, so tho
! morning paper was. of course, IN error
| and that puts it mildly
One Remarkable Feature.
A remarkable feature of the case IS
that Bell, who, with the McWhirters,
is the most prominent figure in the en-
tire transaction. cannot be located 10
nowhere to be found. Until yesterday
not even description could De % oo
tanned and those given by Mrs Fer,
kins. of tho sanitarium and Carl
Mauck, of the Mccoy livery stable are
tbe very meagerest In the trial the
community has heard from tho
O 'Briens and Donaldson, but Bell ana
Davis, his companion, are apsoiuts
shadows; they cannot be materlailIeu
ures especially Bell, in the whole az
fair. From whence they came ana
whittier they went nc one knoweth.
As Bell was taking McWhirter to
the police station and did land him
there, his calling up the. police station