Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-08-09
COURT ISSUES A
TEMPORARY WRIT
Defense in Sheets Bribery Case
Succeeds in Getting
Weeks Delay.
DOUBT POWER OF JUSTICE.
Appeal May BE TalSen--It Will Prob
ably Be Months Before Tangie
Can BE Strengthened.

Judge Armstrong issued temporary
writ of prohibition this morning against
further proceedings in the Sheets brib-
cry case. This expected action was tha
result OF the defense filing a petition
for ~ writ at LAe cenelusion CT yester-
day'sSportion d the hearing on berofs
Judge Bishop. 1t was Just what the
defense intended should happen. The
temporary writ is returnable before
Judge Lewis next Friday. At that date
and in that court attorneys for poth
pides will argue the jurisdiction Oh
Judge Bishop in the case while an ac-
ton on complaint charging conspir-
acy is pending in the criminal court
AS the bribery hearing now STANDS
II is in anything but satisfactory shape.
The state has closed its case; the ae,
tense effects AL interruption which wiz
extend over week and at least ~
days and thus the wheels are plockeo
until many weary hours of debate ana
argument have been passed through.
In the meantime Bell will be kept In
the county jail: Parent Is out on ms
recognizance and unSer strict surSeh,
lance and Donaldson Will be sentences
Sept. 10 AS an appeal will be probably
taken by one side or another when
decision Is finally passed upon Juuse
Bishop's jurisdiction It will be months
before the hearing Will be resunieu'
What further complications may oe-
yelop are not known; anything may
be expected. Judge Bishop was ready
In his court at Waterloo at III O'CLOCK
this morning, but In the language Oh
the street, nothing WAS doing"
1t was thought the defense In the
Sheets bribery case had something up
its sleeve for sudden popping during
the hearing which has been on before
Judge Bishop, sitting in Judge Whit
takers court. for the past few days.
Thurman, Soren X. Christensen and
Il. A. wedgewood; three lawyers with
whom the blocking" game is an
accomplished art. During the last
hearing they have taken all things as
they came. raising few objections;
withdrawing them before all sorts or
contentious. and I'm dozen other ways
showed that something they held back
WAS to be their king move. This came
yesterday afternoon after the state had
closed its case and DIR. Jim Donald
son and Parent had been cross-exam-
ined briefly and after Judge Bishop had
denied a motion to discharge the de-
PENDANT.
DOUBTS BISHOPS JURISDIcTIoN,
soren X, Christensen sprung the sur
prise In the shape of petition asking
Judge George @. Armstrong to issue a
writ of psphibition against further
proceedings In the bribery case. The
writ is requested on the grounds that
Judge Bishop, who Is justice OF the
peace. has no jurisdiction In the case
because another complaint covering the
same facts but making II charge of
conspiracy has been filed IN an action
IN the criminal CnlIFt.
TRIAL VS.. HEARING.
As was announced, the state did not
bring Bell to the stand to testify.
When the state announced at the con-
cluslon of Parents testimony that
It's case was finished the defense pro-
fessed great surprise and threw out
an open challenge 10 the state to pro-
duce Bell. This challenge, had II been
answered, would have offered the de-
Tense an opportunity OF seeing the
states hand and oross-examining its
star witness. The defense argued at
length upon It's motion TO dismiss the
defendant. Concluding, Attorney Chris
Jensen said
why IL this case were In the district
court and before jury ON this bribery
charge and the same evidence were in
Produced. the court would not wait for
a motion. but would turn to the Jury
guilty"
~ viii admit that that la true" said
Mr. Loufbourow.
The position OF the state IA that Il
has brought out enough evidence 10
show q probability OF guilt and this Is
MI the law requires TO be shown at
preliminary hearing. Proof OF guilt
must be shown az trial. but probable
guilt Is sufficient. II Is explained, 70
bind the defendant In a preliminary
hearing over for a trial In the district
court.
STATE WINS CONTENTION.
The defense moved that the testi-
mony OF Parent and Donaldson DO