The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-06
SKEETS'S LAWYERS
APPEAR IN COURT
They Seek TO Have Information
Recently Filed Against the
Police Chief Set Aside.
HAS NOT BEEN EXAMINED
ON THE FIRST CHARGE
Parent, the BunkOist, Has Been
in the City Since
Friday.

1t is now the turn Of the defense IN
the conspiracy against Chief of Police
George A. Sheets to be heard from, and
Thursday the attorneys for the head
of the Police Department were heard
from in Judge Armstrong s court, when
they filed a motion to set aside the in
formation fled by District Attorney
Loofbourow against the chief few
days ago.
This motion is predicated on the fact
that the Chief of Police has had no
preliminary examination on the charges
enumerated in the information. He is
charged in that document with criminal
conspiracy, and numerous felonics are
cited in support of this contention,
whereas on the order of the examining
magistrate, Judge Whitaker, the de-
fendant was held to answer for CON
spiracy.
The case was not expected 10 come
up until Friday morning. but the cher
and Attorney Soren X. Christensen and
Judge Thurman appeared In court yes
terday morning
The defendant waived the reading of
the information and it was announced
that he would take until Saturday to
plead. Then the motion to set aside
the Indictment was fled and Judge
Armstrong set it for hearing at 10
o clock this (Friday) morning, This
was all that transpired, and the legal
fur will fy at 10 a. m. today.
Filing of Motion.
Subioired is a copy of the motion:
Comes now the defendant in the
above entitled case and moves the court
to vacatc. mash, and set aside the in
formation filed herein, upon the follow
ing grounds:
That said information charges tho
defendant with the commission of acts
constituting a felony, and fails TO re-
cite that the defendant had thereto
fore been duly or at all committed by
a magistrate for such offense.
Dlat said information charges the
defendant with the commission Of acts
to~wit: On Robbery; (2) grand lar
ceny; (3) obtaining money amounting
TO more than $50 under false pretenses,
(4) falsely personating another and in
such assumed character receiving
money. knowing that II was intended to
be delivered 10 the individual so per
sonated, said amount of money amount
ing TO more than 500. And sad lntor-
nation fails to recite that the defend
ant had heretofore been duly commit
ted by magistrate for the commission
of said felonies. or either Of them.
"That no preliminary examination of
the defendant has been. in fact. had
before committing magistrate for said
felonies enumerated in paragraph two
hereof or either of them.
fThat the order of the examining
magistrate holding the defendant 10 an
swer 70 this court, does not designate
or specify that the said defendant is
held to answer for said felonies before
enumerated, or either Of them.
THAT the said information accuses
the defendant of the crime of criminal
conspiracy, while the order OF the said
examining magistrate holding the de-
fendant to answer 10 tins court holds
him to answer for conspiracy only.
THAT said information attempts 10
charge the commission Of criminal
conspiracy, the same being a misde
meanor only, and further charges the
commission Of acts amounting TO a fel
ony or divers felonies in the execution
of the said alleged conspiracy, thereby
showing that said conspiracy merged
into q felony or feonies as above
stated for which said felonies the said
defendant had never been examined be
fore a committing magistrate