The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-18
THE SHEETS CASE APPEAL.

brought into a state Of activity, That
intellect is not always very strong or
very clear, but when it understands
what is expected of it by the rulers it
does the best it can. In this case, hav-
ing received the necessary tip, this in
tellect has determined to appeal the
Sheets case from Judge Armstrong s
ruling, to the Supreme Court Of tho
State.
1t will be remembered that the official
conspirators undertook to bring Chief
Sheets to trial for felony when they
had only charged conspiracy to commit
n felony, That is to say, they wished
| to try the chief for u crime when they
had merely charged misdemeanor
against him. To conspire to commit a
orimc in misdemeanor; to commit the
crime is felony; and yet the Attorney
General sees no difference between tho
two, and thinks that man may be
tried for the felony on charge of mis-
demeanor, and he is going to try to per-
suade the Supreme Court to that view
of the case. If it were case where
man was charged with assault and bat
terry and the authorities wished to
have the man tried for murder, the
Attorney General would quite as cheer
fully take up the case and try the ac-
cused for the capital crime, when only
misdemeanor had been charged, The
Attorney General is d scrviceable gentle
man, and knows the voice Of authority
when he hears it.
No one would be better pleased than
Judge Armstrong at this feature OF the
case He, in fact. invited this very
appeal, stating that he could find no
authority whatever for charging a man
with a light offense and then trying
him on a charge that would make him
felon. The matter is very fairly stated
in the American State Reports, volume
5, where under the title, Merger of
Conspiracy and Felony" (page 9oo)
the rule is given as follows:
As conspiracy to commit a felony is
only one step toward the completion OF
the act and is only n misdemeapor, the
body of the American cases have fol-
lowed the old Common-law rule, that
where n party is being tried for a con-
SplraCN, ana IL is SHOWN tnuC ne mas sue
ceeded TO the actual commission OF
felony by q succession Of acts, the mis-
demeanor or conspiracy is merged. and
he cannot be convicted, In other words,
u conspiracy to commit higher crime
merges In that crime, II committed, and
the consplrator cannot be indicted and
punished FOR the conspiracy as distinct
offense,
And further, in New Jersey case
quoted under the same head, the rule
is laid down thus:
II. therefore. on the trial for mis-
demeanor. it appears that the same act
involves n felony, the proceedings Will be
arrested. otherwise the conviction and
judgment on the lesser offense may be
pleaded In bar OF a prosecution for the
higher crime. and offenders escape with
out due punishment; but unless IL ap-
pears that the same act involves both Of
lenses. the lesser Will not merge.
In the Sheets case it was distinctly
claimed that Sheets had committed both
ofTcnses, that is TO say, he had con-
spired and also had committed a felony
in pursuance of that conspiracy, 1T is
clear therefore, from the authorities,
that an action begun against him for
conspiracy must be dismissed as soon
rs it appears that the charge really is
the commission of felony.
The evident purpose of tho official
conspirators IN all this matter is to keep
this Sheets case dragging along, for
political purposes and for use in next
fall s campaign. II is not TO be sup
posed for one moment that the county
attorney was ignorant of the fact that
the case, as he brought it, would have
to be dismissed as soon as the attention
of the court was called to the form Of
it. lie undoubtedly brought it in that
form for the purpose of having it dis
missed, so that no could still retain con-
troll of it and postpone it or bring it
on at his pleasure. If the action had
been properly placed IN the District
Court, Chief Sheets would have been
entitled to a speedy trial, with the in
evitable vindication that that trial
would afford TO him. This is precisely
what the conspirators wished to avoid,
The case was brought, therefore, in such
a way as to insure dismissal, so that the
whole matter would fall back in their
own hands and be subject to their whim
and caprice.
Attorney General Breeder s act in
undertaking this futile and hopeless
appeal, is merely a part of the official
conspiracy for delay, and to keep Sheets
on the rack. There can be no other
possible explanation Of it, because it is
absolutely unreasonable to suppose that
the official prosecutors do not know
some Of the elementary principles of the
law They undoubtedly do know them,
and are trihing with the courts and de-
frauding justice by their iuggleries,
conspiracies, confederacies with thieves.
black legs and scoundrels, and their
squandering of public money to pay
attorneys for criminal witnesses and
spies To work up these criminal allega-
tions. The only possible purpose that
the Breeden interposition can effect is
to make for further delay and deprive
Chief Sheets of the vindication which
is his due The Attorney General whiIe