Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-13
SHEETS CASE WAS
NOT ARGUED TODAY
Technical Defect in Appeal Given
As Reason for Dismissal OF
Celebrated Case.
NEW CHARGE OF CONSPIRACY.
BY Agreement with Attorney General,
Dist. Atty. Uoufbourow VIII File
Another Charge.

The case OF the State of Utah against
Chief of Police George A. Sheets was
not argued in the supreme court to-
day, as was contemplated. Neither
win 1t be argued, at Atty. Gen. Breeder
this morning moved that the appeal
be dismissed, and his motion was
granted by the court. The reason tot
this action in the celebrated case
which was appealed by the state was
on account or a technical defect IN
the appeal. Attorneys 5. II. Thurman
and Soren X. Christensen, who APP
peared Tor the chief, consented To the
appeal being dismissed, so the case is
now out OF court entirely, but IT Is
understood that a new information VIII
be filed against him by the district at
torney and the trial proceeded with
in the district court.
Chief Sheets was charged with con-
spring with Jim Donaldson, w. w.
Bell. w. II. Parent, Detective Raleigh,
Larry and Jack O'Brien and NICK
RaZzuto in connection with the rob-
berry of the McWhirter brothers in this
city on Sept. 10. 1906. He was[siven
a preliminary hearing before Judge
Whitaker OF the city court, during
which w, Ii. Parent made confess
sion duplicating the chief. He was
bound over to the district court, but
when the case was called before Judge
Armstrong, the attorneys for Sheets
made motion to quash the infornna-
ton. The motion was granted on the
ground that the information alleged the
commission OF several felonies and not
a conspiracy, which is a mlsdemeanor,
and hence the misdemeanor was
merged into the felony. The chief not
having been charged with and given
a preliminary hearing for felony, was
NV HagtfiQf
court.
Attorney General Breeder finally de-
cided to apneal the case to the supreme
court TO get a final decision on the
point raised, which was new one
in this state. The appeal was dis
missed today on technical ground,
as stated above.
The attorney general offered TO argue
the case on it's merits today and sub
NIT 1t to the court, but the attorneys
for the defendant refused to proceed,
1t Is understood that Dist. Atty. Loot
bourow VIII file new information IN
the district court against the chief and
proceed with the trial ON the charsc
of conspiracy.
Attorney General Breeder notified
County Attorney Willard Hansen OF
this agreement in the following conf
municaticn. addressed to the county
attorney under date OF May 49,
Dear S1r-Atter consultation Win
Mr. f. C. Loofbourow the district at
tcrney, and learning through him mat
he was prepared to file another com
plant against George Sheets in the
case heretofore dismissed by his Hon.
Judge Armstrong, and agreeing with
his plan l have Withdrawn and dis
continued the appeal taken TO the SUI
pIeme court in said case and will per-
NIT 1t TO proceed to trial on the new
complaint.
lowing to the unfortunate notoriety
this case has assumed in this COM
munity. l deem IS advisable 10 call
upon you, on account of your thor
ough familiarity with the facts and
circumstances of the case. to assist
the district attorney IN the prosecu-
ton.
In making this request / am sure
that no unfair means will be en-
poYed to secure a conviction but
nevertheless the public interest de-
mands n vigorous and thorough IN
vestigation of the matters leading up
TO this investigation, and If the facts
developed shall warrant, a vigorous
prosecution should follow. | am sure
that both yourself and the able dis
trict attorney viii do your fun duty
without fear or favor"