Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-09-26
he WILL PLEAD TOMORROW.
Information Charges That He Re-
Ceiyed Bride Of $1,000 from
Gang of ConSpiratorS.
Overriding of Plea in Abatement by
Judge Morse il Decided
Victory for state.

"Nr sheets, you may stand up"
with this Significant command from
the bench. turning point was reached
this morning ~ the bribery case
AGAINST George Sheets, former chief OF
notice Of this city was reached. Judge
Morse spoke the words after he had
oreruIed the plea in abatement Of
counse, for the defense Continuing
Judgs Morse inquired OF Mr.. Thur
man of counsel:
inlay I ask II there are any further
steps you desire 70 take I'm this matter
before the defendant is asked to
plsad9'
we would ask the courts indul-
gence for a moment" said Mr. Thur
man. This was followed by a consulta-
ton between the former chief OF po-
lice Mn. Thurman and Mr.. Christensen.
associate counsel The conference was
conducted I'm whispers and the situa-
ton was one OF some intensity. when
1lr Thurman inquired Of the court:
would it Inconvenience the court or
counsel for the state II we asked that
The time for pleading be set for to-
morrow morning.
Mr. Loofbourow for the state said
that IL would not, as did the court. who
then. upon the request Of counsel for
the defense directed that Chief Sheets
appear in court tomorrow morning at
10 o'clock 70 enter his plea 10 the
charge OF bribery
THE RULING OF THE COURT
In accordance with the ruling Of
Judge Morse, made when denying the
plea OF the defendant for the quash-
ing OF the information charging brib-
cry on a proposition involving the jur-
isdictiOn OF the court. former Chief
Sheets viii be required 10 stand trial.
not only for conspiracy I'm connection
with the McWhirter robbery. but also
ON the charge OF bribery.
The court announced that he was not
under the necessity OF taking the mat
ter under advi5ement, because he had
mo difficulty IN arriving at the conclu-
sion IN this case. The defendants at
tOrney had pleaded TO the court that
the two charges made against the chief
were carved out OF the same "transac-
lion and that the committing magis-
irate who bound defendant over for
rial on the charge OF bribery was
without jurisdiction, IN that practi-
cally he was binding him over twice
for the same offense. Judge Morse
ruled that In no sense were the two
charges, bribery and conspiracy. the
same Offense IN this case. The court
ruled that the jurisdiction Of the COM
hitting magistrate had not been ex-
hausted when the defendant was bound
over for trial on the charge Of conspir-
ay The court pointed out 20 counsel
that the mere fact that a defendant
had been bound over for trial by a
magistrate who had determined that a
crime had been committed and that
there was probably cause TO believe the
defendant guilty Of that crime was not
O. bar 10 trial because that fact carried
f. with 10 no presumption Of the guilt of
he defendant.
THE STATES POSITION.
Continuing his statement TO counsel.
judge Morse said that a defendant
charged with conspiring with Others 10
commit crimes, or TO permit others 10
commit crimes would properly ne
charged with conspiracy. but that
crime could not be considered the
SAME as that of a defendant charged
NTH having received bride after
lhe commission Of a crime 10 permit
The criminals TO escape punishment II
~ were shown, the court asserted, that
lne defendant knew Of no conspiracy
\ ana was therefore acquitted that
proposition could not act as a bar
10 Trial pu the charge OF bribery. He
men placed before counsel the posi-
lion Of tha state I'm proceeding against
men charged with crime and stated
ine necessity for a wide range Of
t.NreuOn In the matter Of bringing
charges against men suspected OF
wrongful acts.
1 Ar Thurman had argued on behalf
% ihef contention that to place
oimer chief Sheets on trial for brib-
Il y would be wrong Ia principle, hold
As mat the state had carved Two
4 Hmes out Of zone transaction He
aq read from 20 or 80 authorities
t-9lea nom the Constitution of the
#a.
" Nr 'IuteuUon, showing the act
Nlt q. DOB other states iu cases simi-
~ iu principle. The logic Of Mr.
iNlfaaIs arguments was admitted
lhe COURT but he held that the two
tfuse charged in the cases against
-A Sheets are not the same aud
10y la.t urc mot carved out OF the
ane uusactlon" and therefore he
I' consider them as strictly
aAcH0'. Boz this case
STATUS OF THE CASES.
ae oAruling OF the plea in abate-
pN Judge Morse mis- morning
decided victory Tor the state,
.t which was anticipated by the
their argument being in
- lH. ruling OF tho court MI
FOR the people of Utah.
i ,haH.aa his areuement yesterday
H 9ol end concluded this morning
r followed by MI Thurman, ANA
~, rlnoIusion Mr. LoofbourOw
b. tlo prosecution would Of
H iHIh.r arEuoment
rr Sheets before the district
an trial on two charges. The
h. piracy with tine O'Eriens
"a lHrrcnt. 1871 Newton Defec-
~ h Nlck Razuto ana BEN
nr carnival of robbery ana
NV possible under tho eyes
IN N.'lh of the police departments
t.n and under their protoc-
niHre 90 thcs"frlCks' goo
Nv 0l Sheets, tho second. that
fht H..N ana HAiudlnr ~ the
liDlhefa 20 $1,000. sheets
rt tIiH of 9lb00 from the rest
tt. sons h.caus. tae McWhirter
ate at liIr one. according 10 the
p0nal1son which was
htih. Iol m court Boy counsel
yesterday
hos d|smn.ei iu judge Arm
~ Nn trrhnlsaliy n the
tan.t. conspiracy ar8msi hlm
~ r tt idontical in character n
Nhtr D iho ual court ln
m .ms There "a tho hrlhei-
Iaf n ' nnN aosfua ilr former