The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-18
REFUSES
TO GRANT WRIT
Defense Fails to Stop Bribery
Proceedings Against
Sheets.
PAPER IMPROPERLY DRAWN
CASE WILL BE CARRIED TO THE
SUPREME COURT TOMORROW.

The permanent writ of prohibition
asked for by the defense in the Sheets
case was denied yesterday afternoon
by Judge Lewis. The defense asked
a stay i'm order to appeal the case, but
this, too, was denied by the court.
The stay will be asked of the supreme
court tomorrow in order that the tenn
porary writ may continue in effect
while the appeal is pending.
temporary writ was issued the de-
tense by Judge Armstrong following
the completion of the states case in
the justice court on the bribery charge
against former Chief of Police George
A. Sheets. The purpose of the writ
was to restrain Judge Bishop from
taking further action on the case be-
fore him on the ground that the same
offense was embodied in the complaint
then pending in the district court
charging conspiracy.
When the case came up before Judge
Lewis yesterday morning there was
begun series of arguments and dis
agreements between the state and the
defense. Everything was disputed and
the attorneys for the state and the de-
tense could come to no agreement as
to the facts in the case. The defense
asked that testimony be taken to show
that the facts and circumstances in
volved in the two cases we're identi-
cal. Alexander McWhirter was called.
but was not allowed to testify.
Petition Is Amended.
The defense contended that it should
be permitted to show by testimony
and by the record the points involved.
The state insisted that the question
of Jurisdiction had not been raised
properly in the lower court and that.
therefore, the court could not enter
tain the petition. The petition for the
writ was then amended BY the de-
Tense and an amended answer filed by
the state. Finally the question was
submitted to the judge, freed to GER
tain extent from the legal entangle-
ments. The court decided that the af-
hdavit had been improperly drawn,
ana that the question of Jurisdiction
had not been raised in the lower court.
Attorney Wedgwood for the defense
insisted that George Sheets was being
vexed by malicious prosecution. and
that the limit to which such prosecu-
ton could extend should be fixed bv
the court. Judge Lewis said that if
sucn were the case, the proper relief
would be in a writ of abatement,
which would grant an Injunction
against the prosecution to prevent
further prosecution. He denied the
petition and dissolved the temporary
writ.
Appeal for Stay.
The defense asked for STAY in order
that might have. an opportunity to
appeal Judge Lewis said that were
there any doubt in his mind as TO the
propositions of law involved, he would
do so, but that he felt that such an
action was unnecessary. County At
torney Hanson said that the appeal
would involve a further delav and
that, in the meantime, the main wit
nesses for the state might leave the
city and put the prosecution in an un-
comfortable position. The defense in
sisted that it was entitled to a stav
pending an appeal, but the court ruled
with the state.
Unless the supreme court orders a
delay tomorrow. Judge Bishop will
probably make an order Tuesday bind
ing the former chief over to the district
court The defense is still confident
that the case will never 20 to the t1rv
The defense may take one of several
courses to encompass further delav in
the case and to prevent, if possible, its
coming to trial.