Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-02-26

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before Judge Whitaker He was shown
a transcript of Alex. McWhirter's teS-
| timony in the preliminary hearing and
| identified it, His testimony consisted
| of telling whether or not New Eng
| land addition had been mentioned by
| McWhirter when he told of Sheets ask
| ing II any of the boys" (policemen)
| knew about the affair. Day read the
paragraph bearing upon the point and
| said, NO" as there was no mention
\ of 1t in the record. Day was excused.
T. S. PBNDERGRASS CALLED.
Il. S. Pendergrass, another former
stenographer, was next called. PEN
| dergrass took the testimony In the
council proceedings when Sheets was
up 10 explain. Mr.. Pendergrass Is
now an attache of St Marks hospital.
Il attended the proceedings. 1t was
| about Oct. B. 1906. 1 made as many
notes of answers as l could hear.
What / did put down was correct"
Mr.. Pendergrass had a copy of the
transcript with him and he, with
County Atty. Hanson. went along over
the affair together Pendergrgass
Identifying paragraphs in which
Sheets and Hempes were quoted. This
was for the purpose of clinching yes
terday's cross-examination OF the de-
PENDANT. The state sought 10 show
that Sheets had said considerable and
to have the stenographer identify and
brand as correct, the various questions
and answers Of which Sheets yester-
day denied having any knowledge or
recollection.
AUXILIARY" OFFICER.
One bit of conversation was ques-
ton whether McWhlrter had said Reil
had acted as a policeman or not.
Sheets is quoted as saying;
tic seemed to consider him an
auxiliary officer
Again, when Sheets told Council-
man Fernstrom he didn't remember
what time ii was he saw the receipt
McWhidter had for $4,000.
Mr.. Pendergrass also said he had
been present when Mr.. McWhirter
had visited the chief and said he did
not like the way the police had acted
in the case Pendergrgass identified
written statement as his own. and
said it was true.
WAS NOT A TRAP.
On cross-examination by Atty. Chris
Jensen it was sought to bring out that
the visit was to entrap the chief Mr..
Pendergrass denied that he regarded
1t as any such thing.
How did you come to 60 10 the city
council investigation.
II was sent by the Republican to get
as good II report as possible He de-
soribed the meeting as follows: "There
| were 10 members of the council present.
a large number of outsiders and ] was
| in the midst of them all; that is, l got
| in with the councilman at their desks
around me- There was confusion.
got as many answers and questions as
| / heard and got a good many"
When asked about the transcript the
state used, Mr. Pendergrass said It had
been copied from an original copy.
You don't pretend any stenographer
| could have got a correct report of that
meeting?" asked Atty, Christensen.
Not correct report.
But what you got was correct" iE-
| terposed County Atty. Hanson.
Mr.. Pendergrass was excused.
STATE SCORES POINT.
Former Councilman A. Il. Barnes fol-
| lowed. He was present at the coun-
ell investigation Oct. 3, 1906 In telling
| of the affair he said: II asked Mr.
| been robbed of $4,000, and the chief told
me McWhirter had receipt for that
| amount" The state excused Mr..
Barnes after scoring this significant
| ipoint. Atty. Christensen conducted
the cross examination.
WAS there a great deal OF confu-
sion?"
Certainly"
"You sat as a committee of the
whole in response TO a request from
Mr. Sheets himself. didn't you?"
1.-THE chief sent In letter yes"
"Ynu were politically opposed to Mr..
Sheets, weren't you
81 belonged to another party"
"You and Mr., Fernstrom and Mr..
Wells We're most active In the guess
tioning, weren't your"
moi Every councilman asked ques-
tions, as the records VIII show"
HAD SEEN RECEIPT
"You mean to say Mr. Sheets said
he had seen receipt for $1,000 that
McWhlrter hadP'
Eyes"
Didn't sheets say Mcwhrter had
told him he had a receipt?"
mo, as I recollcct II, MIR. Sheets said
he saw the receipt
Were you Interested in that re-
ceipt?"
mo; / was Interested IN the invos,i-
CATION, as were all the council mem
bers'
FERNsrRoM TEsTIFIEs.
Councilman Fcrnstrom was next
called. He, too, was present at tho
Sheets investigation before the city
council.
"Dld Chief Sheets make several state.
ments?" asked County Atty, Hanson.
"He did"
"Dd the chief say they accused the
little fellow of acting as an auxiliary
officer and he showed them a regular
badge. whereupon they said the badge
the man who took the money wore. was
different IN having straight police or
itg'
yes, sir"
coRRoBoRATEs BARNES.
did Sheets say MeWhirtar had q
note or receipt for ss,0oO7'
yes, sir"
"Waa RhoOts asked II he waA tolt
ihoy had been robbed OF ;s,0O07'
Yea"
what did he say in answor7"
HE said That thoy had lost tina
amount? Yesl'"
Mr., Fsrnstrom was placed under .