Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-09-17
Sergeant John Roberts Declares
McNearney Said He Would
Take Short Sentence.
STATE WINS SHORT FIGHT
Defense Ovcrruled by Court When oh
icctons Arc Made 10 Police on
GERS TESTIMONY.

james McNearney's '.
Sergeant John Robcr'a chief
George sheets and OH, p... as-
samed this moruing Bon the Third dis
uict court precipiatel o. .sai battle
Of no small moment Harry j. Robin
son. OF counsel for defense, James NJ.
Hamilton. senior counsel for McNear-
ney. and Fred c. Loofbourow district
attorney prosecuting Tor the state
were the parties TO the sharp skirmlsh-
es lu the end the victory would seem
70 Doe with the state temporarily az
least The objections of Mr. Robinson
and MI Hamilton were ovcrruled 10y
the court and the witness was per
mitt,Sl to- answer the questions of MI
Loofbourow. exceptions being taken by
the defendants counsel.
The little FURRY came when SER
Feant Roberts was called to the Wit
ness chair by the states's attorney.
The peoples prosecutor asked inc
police officer 20 detail the converse
tions held by him with the prisoner az
bar at the time the confession Of Nc
Nearney is said TO have been given and
the promises OF the police made 70 the
prisoner. AS Tho questions were be-
Ing answered, Mr. Hamilton obtained
the permission OF the court TO iuierject
a few preliminary questions He sought
90 show that the conversation and ijs
repetition In court would Doe nothing
short Of introducing the confession Of
the prisoner into evidence. Argument
along this line resulted I'm the courts
overruling the objections, and the wit
ness was instructed from the bench
10 answer
THE PRISONERS CONFESSION.
sergt Roberts then detailed how
McNearney had been brought from
Idaho several days after the robbery
~ the Onyx Bank saloon. and that In
% conversation held in tho detectives
private office at police headquarters
iu this city, MVNcarney had agreed to
take three years In prison and return
the rocks, mea Ming the diamonds
taken from McTernay and MAR during
the course Of the robbery. This. how
ever, was upon the condition that VII
Jams supposedly another Of the rob-
bers, should be released that he might
find the plun6cr and send It back 70
this city. II the rocks were not re-
turned, McNe9rncy WOULD plead guilty
and take 20 years. Former Chief
Sheets and Mr.. Loofbourow were par
ties TO this agI cement testified Sergt.
Roberts.
That testimony. over the objections
Of counsel for defense, Is now IN the
minds Of the jurors though Il later
may be stricken out upon motion or
instruction OF the court. Nevertheless
the jury has heard IL and another
phase Of McNearney's case is before
them.
Other witness s called this morning
We're George Harris. a police officer
John J. Norton, Joseph i. Burbidge.
day Jailer at the county Jail and
brother Of Police Capt. Burbidge. James
J. Burk, Katie Joyce. domestic and
l.. a. Trip, a dentist, and the EN-
ployer Of Witness Joyce. These wit
nesses added details 20 the general
mass OF evidence. but brought out no
points directly connecting NcNearney
with the robbery.
TELLS OF DARING ROBBERY.
At yesterday afternoons session OF
the trial. James McTerney proprietor
OF the onyx Bank saloon, 81 west Sec
ond South street, was called to the
stand. His appearance followed that OF
y. 7. McAllistcr deputy county sur
veyor who had drawn a map OF the sa-
loon, which was offered in evidence. Mr..
McTerney pointer In hand described
every detail Of the sensational hold up.
lie said that he. Mr. MAR and Mr..
/ Bunk were In the card room az the
rear Of tho premises playing a game OF
slough. Three masked men entered, he
said and the trio were lined up
against tho wall with their hands
above their heads The tallest man OF
the THO. declared by Mr.. McTerney 20
be McNcarney, took from their pockets
an their valuabics and from their ties
and shirt fronts valuable diamonds, the
whole worth several hundred dollars.
While the three men We're hung up
/ by McNcarncy. according 10 Meter
ney's testimony, the other two went -
/ tho cash register and safe, From tho
cash register on the back bar In the
saloon proper they took Sl+5 ia cash and
u 4" slips From the safe they
/ took g445. The ontro amount OF loot is
estimated as N,l0o.
shortly after the robbery McNearney
was arrested IA Idaho ana brought %
this city. by a trick, hc claims, De
was landed in the city jan. by an
other. he claims, he confessed and re-
/ coived "A promise OF slight penalty.
/ I'm every transaction following his ar
res, ho declares he has been double
crossed by the officers and courts at
/ tornCyf.
Othcr witnesses called yesterday were
L ID II. McAuister Patrolmau q. M.
I ryunq. j.. O.. Solving who found the
/ masks discarded hy the roobbera.
/ Thomas ~ Neodham, j. j. Burk ana
j. d MAR
me examination OF witnesses for the
stafs was stiu boz progress az me adj
/ iourumout OF court at noon