Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-08-22
TURNING POINT Of
CASE IS REACHED.
Criminal Intent Shown 10 Be
Lacking Entirely in Jones
Case.
STARTLING ADMISSIONS.
We're Made This Morning on the Part
OF Sabine, Who j. the Main
Witness

Il hAif hNiN MS fiOIilll- Uil iill ldIl
4 or sabine, Who Is the Main
y Witness.
, As To- Judge Diehrs court. the turn
, ing point in the action against W. r.
! Jones. Jr., came up before Judge Dana
j T. Smith this morning and involves
practically the same issue. on this
, point depends the entire case. 50 far
rs the prosecution Is concerned. a fact
honestly admitted by County Atty.
Farley r Christensen this morning
, II is the same point ruled upon by
Judge Diehl en- favor Of the defense,
resulting ia the motion Of the county
attorney TO dismiss the case. The mat
ter will be settled this afternoon. The
point at issue is simply this. Can the
prosecution introduce testimony tend
ing TO indicate an admission, or con-
ies,ion. on the part OF the defendant,
before there Is any evidence that the
orense charged has been committed?
To this proposition. ATTY. Soren Y
Christensen, counsel for defense. saws
no The county attorney takes a
httle different view Of the matter
| When the same question came before
Judge Diehl his honor ruled In favor
Z OF the defense.
AN1MUS OF SABINE.
Only two witnesses were examined
[ ard cross-eXamine1 this morning. but
I the facts brought out In the same
were Of rather startling nature es-
| peclaliy In view Of the animus display
ed by James Sabine, superintendent Of
Il The iniirmary Sabine was recalled
/ this morning for further cross-rxam-
/ nation. In the outset he admitted
mat he had furnished the list upon
which the complaint was based
When Mr. Jones moved from the
inhmNy did YOU see him load any
goods" asked Atty. Soren X. Chris
Jensen
Yes"
Did YOU see him take any Of the
articles mentioned 90 the complaint
During the cross examination Sabine |
. tried ms on Monday. % butt I'm" re- +.
peatedly and give expression TO ru-
mOrs. belief and thoughts. but was 1
prevented BIS counsel for defense .
When asked when the things az issue /
were taken away from the infrmay
Sabine answered that he did not know ,
The witness became extremely nervous .
and excited as he did on Monday He .
twisted and squrmed blinked his eyes
and thumped his fingers on the char
and AL the while casting hasty. ner-
vous elances around the room.
SABINE DIDN'T KNOW.
Finally Mr. Christensen. counsel for
defense asked.
DO you claim that any Of these
things were stolen
No emphatically answered Sabine
Do you know why the complaint
was filed on the sixth of June il the
alleged ofense took place early On
April
No 60 not know
Coming down 20 conversation be-
tween Mr. Jones and Sabine. the lat
ter said.
Mr. Jones teiephougd me- and told
me that iu unpackmg hc found things
that belonged 90 the county among his
property and that he would bring them
back. The next day he telephoucd again
and said that De- had located some NOR
things and would bring them back He
brought them back"
With reference 20 the purchase Of ar
ticles Sabine said.
Mr.. Jones bought everything al cut
rates Sabine said that when Nj
Jones brought the things back he re-
ferred 90 two broken plattcrs which
belonged TO the county which platters
were missing.
TWO BROKEN PLATTERS.
Mr. Jones said 10 me. said Sabine.
There has been some talk about TWO
broken plattors. We haven't got them
and don't know anything about them.
but to prevent any trouble my wife has
sent these two new plattcrs Of her
own
After Sabine was excused. FOR the
time being Tor further cross eXamlna-
tiou. Chairman Mackay of the board Of
county commissioners was called The
attitude ~ Mr Mackay was entirely
different from that Of Sabine and he did
not attempt 10 interject idle gossip and
guess work Or his testimony.
COMMISSIONER MACKAY.
on direct examination Dc stated that
he had conversation with Mr. Jones
prior 10 the filing Of the complaint. iu
which he showed Mr. Jones "a list OF
articles said TO bc missing aud request
I'd that Mr. Jones make search for
them and II BE- Jones' had them 10
return them before the sun went down.
Al this point County Atty Farley p.
tried 20 bring out an alleged admission /
or confession. but % was strongly OBJ
jcctei 10 by Atty. Soren 2. Chrlsten-
sen ON the grounds that the CORPUS
deii,u had not been established. ana
that nothing in the nature Of confess
sion could be introduced until 20 had
been shown that me ohense had been
committed He contended that there
was not even a shadow Of evidence 10
support the charge.
THE TURNING POINT.
The county attorney agreed with
counsel for defense i1 The main. but
stated that De would like 10 argue
the matter further This Is the turn ]
ing point Of the case said be- and IL
The court rules On favor OF The defense
then that Hill bo The end az the case"
II was clearly and absolutely shown
by witnesses for The prosecution thar
the missing goods were found and re.
turned long before any complaint was
hled, and that Mr.. Jones freely admit.
ted that the goods belonged % the coun-
~ and he returned them as soon as he
found them among his property when
the same
-.
SUIT AGAINST THEATER.
ltahna Company Made Defendant in
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