The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-30
NEW COMPLAINT
AGAINST SHEETS
Chief of Police Is Again Arrest
ed on Conspiracy Charge in
McWhirter Case.
MAY GO TO SUPREME COURT
PROSECUTION MAKES ANOTHER
EFFORT TO DO SOMETHING.

Chief of Police George A. Sheets was
again arrested yesterday afternoon. The
charge is criminal conspiracy and the
complaint is identical with the one on
which he was held to the district court
by Judge Whitaker and which was de-
clared Illegal by Judge Armstrong Inc
rearrest of Sheets and the beginning the
case anew IN the justice court was the
only possible way in which the prosecu-
ton could again get the issue before the
court
The prosecution decided upon this move
yesterday morning at conference held
bv County Attorney Willard Hanson, Dis
trict Attorney F. G. Loofbourow and Al
torney General NJ. A Breeder County
Attorney Hanson said that the district at
torney and the attorney general assured
him that in their opinion the court was
mistaken in the ruling that the complaint
charging Sheets with conspiracy was I'M
perfectly drawn and urged him TO file
new complaint. This action was mace
necessary by Judge Armstrong; ruling OF
Tuesday afternoon when he denied the
motion of the prosecution asking him TO
order that new information be filed.
VIII Plead Saturday.
Early yesterday afternoon County At
torney Hanson filed the new complaint in
Judge Bishops court He communicated
with Attorney +. A. Wedgwood, counsel
for Chief Sheets. and informed him of
this action. Chief Sheets was notified by
telephone and went to Judge Bishop s
COURT Al D OClOth Will MI. w tuS AOOu.
County Attorney Willard Hanson met
them at the court and the date for plead
ing was fixed for Saturday. Chief Sheets
VIII be required to furnish $500 bail at that
time for his appearance in court. Hith-
erto he has been released upon his own
Tecognizance, but 1t was thought that it
would simplify the record in the case if
the bail were fixed and given. In the last
I ca sc, as the chief was on his own recOg-
uizance the court did not consider it nee
essary TO make a final order releasing him
from custody, and it was the contention
of the prosecution that as the record was
not complete in this particular no ap-
peal could be taken from the order of the
court.
Attorney Soren Y. Christensen one of
the lawyers for the defense. is out of the
city and until he returns the defense de-
clines TO make known its intentions in
regard to the case. 1t is probable that
the defendant will waive a preliminary
hearing in the justice court in order that
the case may be brought before the dis
trict court, and if the same ruling is made
rs heretofore and appeal made to the
supreme court,
When the case reaches the district court
It may be possible that the prosecution
will ask a change of venue from Judge
Armstrong; court to some other Judge
of the district bench. The defense will
undoubtedly make the same contention as
before. that the information merges a
felony with a misdemeanor, and that
therefore If Sheets is guilty of any crime
IL is q Felony and not q miSdemeanOr. The
prosecution, however. would experience
some difficulty in making out a prima
facie case against Sheets If a felony were
charged. The rules of evidence are more
stringent when a felony is charged than
I'm a misdemeanor charge, and in this par
Iicular case where the AIcWhirter robbery
would have to be charged the prosecution
would have TO show that Sheets knew that
the crime was to have been committed
prior to its actual commission This the
state has admitted it cannot do.
The cases against Attorney William
Newton, Chief OF Detectives George Ra-
leigh, Rosario RaZZutO and the others al
legged to be implicated in the famous Nc
Whittier robbery against whom conspiracy
charges have been filed, will probably take
the same course as the Sheets case. They
have been bound over TO the district court
and information identical with that which
was thrown out of court by Judge Arm
strong will probably be filed bv the dis
trict attorney. The Sheets case will.
however, be taken up first 1t is antici-
pated by the prosecution that when the
case reaches the district court a motion
10 quash the information will be granted
but the record will be made so that the
supreme court will be able to hand down
final decision on the matter.
That the case has twice been dismissed
IN the courts is not a bar to further prose
cution since on neither occasion was the
defendant said 20 have been in ieODa rCl Y
as no jury was empaneied and the trial
was net actually begun.