The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-10-25
The Sheets Contention.

The attorneys Tor Sheets contended that
the most the evidence of the state showed
was that the chief had either omitted
or neglected to apprehend the robbers
and that no affirmative act of either har-
boring or protecting was shown. They
also cOntended that, as no formal charge
had been made in writing against any or
the alleged perpetrators of the SWindle.
no crime of the nature charged in the
complaint could have been committed by
anyone.
The lawyers for the prosecution con-
tended that affirmative acts of bidding
the robbers TO escape had been shown
on several occasions in this case on the
part of the chief and that Chief Sheets
directly harbOred and protected the swim
dlerS by endeaVOring to hush uD the case
and get the McWhirters out of the city
AS to a formal charge being necessary
under the statute, they said that this was
not good law when applied TO a chief OF
police. as a police officer could hardly be
expected to arrest a man first and then
aid him to escape.
Attorneys agree that either construc-
ton of the law is possible and that the
California authority is the only one that
could be followed in the case.
Hanson Comments on Decision.
Assistant County Attorney Willard Han
son, who was an important factor In
tho prosecution Of the case, said in COM
menting upon the decision:
There is a difference of opinion as 10
tho applicability of the California de-
cisiOn in this case. ] think that affirma-
tive acts on the part Of the chief in aid
ing the robbers to escape justice were
shown by US. The ruling by the Cali
Tornia supreme court that the word
charge signifies formal charge, I
think, is not good law, especially in so
far as it is applied to a police officer
Though my personal opinion as to ths
proper ruling may be at variance with
Judge Armstrong. l have no complaint
against IT. l Know this, that I would
hate to be the chief of police and have
that array of evidence against me with
out explaining the situation"
When court convened at this after
noon the court room was packed TO the
doors. The judge had announced that he
would be ready give his decision in the
case at the opening of the afternoon ses-
sion, and there was an eXpectant hush
as the judge stepped to the bench. He
asked the attorneys if they were ready
to receive the decision, and then said:
Text of Decision.
1.-The court stated this noon that he
would take this matter under advisement.
The court feels, after having given DAYS
70 the hearing Of the testimony and the
arguments and having carefully reviewed
the citations given by the attorneys for
both sides. that l am not able 10 find
that the crime as charged mas been COM
mitted, and. no matter what l may think
as to the other offenses that may have
been shown by the evidence, I believe
that the motion TO dismiss this proceed
should be and the same is hereby granted.
1t is so ordered.
Friends of Sheets Immediately crowded
about him and congratulated him warm
ly as he left the court room Accom-
PANIED by his attorneys and several
friends tie chief left the building imme
diately and returned to his office at the
police station.
ATTORNEY SOren " Christensen was the
last one to speak for the defense. and
his argument. which was begun Tues
day afternoon, continued all yesterday
morning
Christensen's Argument.
In completing his argument Attorney
Christensen cited several decisions, in
Guiding the California case, tending to
show that an affirmative act must be
committed in the harboring and protect
ing of criminal before the crime OF ac-
cessory after the fact could be proved
He followed his citations on the legal as
pect of the case with an eloquent appeal
TO the court in which he said in part:
''Where does this evidence show that
Chief Sheets did a single affirmative act
to aid the criminal to escape2 They ac-
cuse him of concealing the crime from a
magistrate. How long is a chief of police
Continued on Page z.