The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-28

tempt at eiOquSnce, out Detailed III d
logical manner the evidence chat the
state had presented against Sheets. )
Eve have been severely criticised by
/ the defense" he said in closing, sfor
putting the accomplices of Sheets in
this crime on the stand as witnesses.
What better evidence could we have?
| Where could we find more Conclusive
evidence than from the man who-did the
bribing? Why should Sheets object to
the testimony of Bell. his pal, his con-
| federate in this crime? Bell and his
gang are but mice in this game. They
could be gotten out of town if the po-
| lice wanted them out They could be
sent TO the penitentiary If the chief of
police wanted to send them there.
eve wanted to begin at headquarters.
| We wanted to convict the man respon-
sible for the condition. the man TO
whom the crooks looked for protection
in their nefarious occupation"
Judge Morse's Charge.
] 1t was shortly after o'clock when
| Mr.. LoofbouTow finished his argument.
Judge c. w. Morse then gave his in
structions to the jury. which were
something of a disappointment TO the
defense Most of the requests of the
defense for the language of the instruc-
| lions were refused, although some of
| the requests were embodied in a modi-
| fed form in the judges charge to the
! jury.
| After some of the preliminary instruc-
! tiOnS with reference to the character of
the case and the rights Of the defendant,
the court discussed briefly the value of
the evidence Of an accomplice:
"All persons concerned I'm the COM
mission of a crime, whether they direct
/ ly commit the act constituting the Of
Tense or aid and abet in its commits
sion, or, not being present, have ad-
vised or encouraged its commission,
are accOmplices.
Under the laws of the state, a per-
son cannot be convicted of a crime
upon the testimony of an accomplice,
unless such testimony is corroborated
| by other evidence, which in itself and
without the aid of an accomplice, tends
to connect the defendant with the COM
mission of the offense; and the corrob-
Grafton is not sufficient if it merely
shows the commission of the offense
and the circumstances thereof. The cor
roborative evidence need not be suffi-
cient of itself to establish the guilt of
the defendant, but it must tend in some
degree to implicate and connect the de-
PENDANT with the commission of the
crime charged, and it is not necessary
that the testimony of the accomplice
should be corrobOrated in every cir
cumstance which he details in evidence
IF you should find from the evidence
! that William st. Glare civilian BelD
or James Donaldson were either or both
accOmplices in the commission of the
crime with which the defendant is
charged, then you should eliminate from
your consideration the evidence of ac-
compllce or accomplices. and examine
all the other evidence tending to connect
defendant will he off
and If after such consideration and ex-
animation you should find no such evil
dence, you should return a verdict of
not guilty; but If after such eXamina-
ton and consideration, you should find
that there is such evidence, then you
should consider all the evidence in the
case, including the evidence of such ac-
complete or accomplices and determine
| therefrom under the rules given you in
| these instructions the question of the
guilt of the defendant"
Waiting for Verdict.
II was $40 o'clock when the Judge
had completed his instructions and the
jury left the room in the charge of
Deputy Sheriff Andrew Smith, jr.
During the interim, While the jury
was out, Sheets and his attorneys and
several of the spectators waited i'm the
l.
The opinion seemed general that the
verdict would be either an acqulttaI
or a disagreement.
After the verdict had been returned
and the jury dismissed there was ex-
| pressed a general satisfaction that the
Sheets case was finally over for good
| and all
Sheets Speaks His Mind.
| After Sheets had managed to escape
| from the multitude that surrounded
him on the way down town ne said:
"Of course, l am glad of the result
of the case Never f,r n moment since
L have been accused of this offeDse
have I doubted the final outcome.
| have always felt that DIS soon as the
case went to a jury ( would be vindi-
Gated There was absolutely nothing
in the case to warrant my arrest in
the first place, and had II not been Cor
! the politics and Tire personal prejudice
| of the county attorney there would
have been no Sheets case.
They criticise me and try 10 paint
me the blacklist kind IF a criminal for
| not arresting Bell a the police station
after McWhirter had told me that he
| had done nothing to be arrested for
| and said that he did not want him ar
| rested. What kind of men are Emery
| and Hanson and LoOfbouTow, then, in
| permitting Parent, who has confessed
| to enough crimes TO send him tC the
penitentiary for the rest of his life, 10
| go scot free after they had him in jail.
and complaints charging robbery ard
grand larceny filed against him?
AS tor Bell and Parent. l can only
say that rogues 9S they are they are
better Iner than the men who placed
| them on the witness stand to perjure
themselves to send me To t'i> peni-
| tertiary and promised them immunity
! for doing so. 7 have thought OF things
! that they might do in trying 10 con-
Wet me, but / never thought that they
would go as far a thaV have in this
case ami violate all demands of de-
cency for the furthernIent If thei- po-
| litical aims by sending me to the peni-
Tertiary"