The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-14
AttOrney-General Moves to Dis
miss His Appeal From
Armstrong; Ruling,
TAKES THE ADVICE OF
SOME REAL LAWYERS
Thinks Mr.. LO0fb0urOw Will DO
Something, but Latter Re-
fuses TO Talk.

After consulting with some real
lawyers, Attorney. General NJ, a
Breeden went into the Supreme court
Monday and moved to dismiss the
"appealn which he himself took from
the action of District Judge George G
Armstrong in dsmissing the conspiracy
charge brought against Chief of Police
George A. Sheets. The court granted
the motion, and as a result, there is
not now pending against Chief Sheets
any charge Of any kind whatsoever.
Attorney General Breeden asserts, how.
ever, that District Attorney Fred c.
Loofbourow has promised TO file an
additional information against the
Chief. Mr., Loofbourow declines to say
whether he made any such agreement
or not,
Mai. Breeden s appeal was to have
been argued before the Supreme Court
Monday morning, and Sheets S attor-
neys, Samuel R. Thurman and Soren \.
Christensen, were present to argue it.
Maj. Breeden, however, moved that
the appeal be withdrawn and dis
continued for the reason that there was
no final Judgment Of dismissal Of the
above entitled cause entered by the
trial court upon his order herein sus-
tanning the motion to quash and set
aside the information herein. y
Lets Himself Down Easy.
In legal circles Maj Breeden has
caused considerable hilarity by attempt
ing to shift to others the responsibility
for the motion to dismiss the appeal
Lawyers are practically a unit in agree,
ing with Judge Armstrong that, hav-
ing been given preliminary exami'
nation on a misdemeanor charge.
Chief Sheets could not be tried in the
District court on an information which
accused him of committing divers and
sundry felonies, Lawyers, moreover,
believe that the decision of Judge Arm
strong was not one which could be ap.
pealed to the Supreme court.
The common understanding is that
Maj. Breeden was advised by lawyers
that, in making his appeal to the Su-
preme court, he did not have leg TO
stand on, and that he based his motion
for a dismissal, which he knew was
inevitable, upon the ground that let
him ont with the least humiliation.
District Attorney Fred c. Loot
officer of the Third judicial district
and who has been ignored systemati.
caliy by the conspirators against
Chief Sheets, did not join in the
appeal from Judge Armstrong; de
cision. Although Mr.. Loofbourow will
not talk for publication, it is under
stood that he concurs in Judge Arm.
strong's view of the law, and that he
was perfectly willing to let Mr.. Breeden
act alone in the taking of the ridiculous
appeal.
Breeder Writes a Letter.
In order, however, to square himself
with County Attorney Willard Hanson.
the official mouthpiece of the con.
spirators against Chief Sheets and the
American party. Nal Breeden wrote
the latter official letter Monday, and
then gave the letter out TO the organ
of the Lord for publication. II is as
follows:
After consultation with Mr.. +. C Loot
bourow, the District Attorney, and learn
ing through him that he was prepared TO
file another complaint against George
Sheets In the case heretofore dismissed
by his Honor, Judge Armstrong, and
agreeing with his plani have withdrawn
and discontinued the appeal taken to the
Supreme Court In said case and will per-
nit It 10 proceed to trial on the new
Owing to the unfortunate notorlety this
case has assumed In this community, /
deem II advisable TO call upon you, on
account Of your thorough familiarity with
to assist the District Attorney in the
pros ecutioD.
In making this request, l am sure that
no unfair means VIII be employed to Sc
cure a conviction, but, nevertheless, the
public interest demands a vigorous and
thorough Investigation of the matters
leading UP to this Investigation, and il
the facts developed shall warrant. a Wig
orous prosecution should follow. I am
sure that both yourself and the able Dis
trict Attorney will do your full duty with
out fear or favor.
Mr.. Loofbourow would not say last
evening whether or not ne would file
another information against Chief
Sheets, He did say, however. that he
he had the right to file new
information against the Chief, in case
he saw fit to do so, without sub.
mitting the chief to another preliminary
examination in the lower courts on
new complaint.
81 want to find out where ] am at
N this matter before l talk for publ
cation" said Mr.. Loofbourow.
Kodol for indigestion and dyspepsia not
only d!gests what you eat. It tones the
stomach and adds strength to the whole