Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-02
Armstrong G RANTS
MOTION TO QUASH
George Raleigh and "Blll' New
ton Discharged on Con-
splracy Charge.
ECHO McWHlRTER ROBBERY.
Ground for Dismissal Based on fac's
similar to Those Upon winch
Chief sheets Was Freed.

George Raleigh and William New
ton are discharged by Judge Arm
strong. In the criminal court of the
Third district this morning upon mo-
ton of Soren y. Christensen, attorney
for the defendants. Tie two were
charged in information filed by the
district attorney with criminal con-
spiracy The action taken was ideh-
teal with that In the Sheets case
George Raleigh. formerly chief of de-
tectives, who resigned soon after pup
lie sentiment reached point "hcre
that course was the only one open 10
the sieuth, was charged with con
spicuous part in the McWhirier SWIM
die and robbery in the Antler rooming
house In the fall OF 1906. william New
ton. known generally as Bin New
ton. an alleged attorney formerly OF
Butte. was similarly charged. Ut
Jim" Donaldson. sporting man, drug
fiend, stool pigeon and gamDler' was
charged with part somewhat siinllar,
and is at liberty on a bond filed on
his anpeal TO the supreme court, Dom
aldson was sentenced by Judge Arm
strong to serve 10 years at hard labor
in the state prison for his part IN
the McWhirter robbery. Other defend
ants were Larry and Johnnie O'Brion,
w. II. Parent. W. w. Bell. George
Sheets, former chief of police, and
Nick t2oss, whose other and true
name is unknown TO the district at
torney. The crime Is charged to have
been committed Aug. 25 1906, Justice
II. NJ. Bishop committed them for trial
on May rs, 1907.
THE MOTION.
The motion of Mr.. Christensen was
submitted to the court. Neither MT
Christensen nor Mr.. IJoofbourow arBu-
ed the motion, Mr.. Loofbourow sug-
gestine that he anticipated tnat the
courts ruling would be the same as In
the Sheets case. The motion recitlns
the ground upon which dismissal was
asked Is as follows'
Come now the defendants in the above
entitled cause and move the court 10
yacate quash, and set aside the infor-
mator filed herein. upon the follow
ing grounds
THAT said information charges the
defendants with the commission of acts
constituting felony and fails to re-
cite that the defendants had heretofore
been duly or at all committed by a
magistrate for such offense.
2--That said Information charges the
defendants with the commission of acts
constituting divers and sundry felonles,
to wit % robbery; (2) grand lar
ceny; (3) obtaining money amounting
TO more than $50 uder false pretenses;
a. falsely personating another and in
such assumed character receiving
money knowing that 1t was Intended 10
be delivered to the Individual so per-
sonated, said amount of money amount-
ing to more than $50. And said in
formation fails 10 recite that the de-
PENDANTS had heretofore been duly
committed by magistrate for the
commission of said felonies, or either
of than.
3-That no preliminary examination
of defendants has been. In fact, had
5efora a committing magistrate for
said felonies enumerated In paragraph
two hereof.
THAT the order OF the examining
magistrate holding the defendants to
answer to this court, does not designate
nor specify that the said defendants
are held 10 answer for said felonies
before committed. or either of them.
5--That the said Information accuses
the defendants of the crirr' IT GRIMM
al conspiracy, whit, w. u 81 the
said examining magis,ra,, holding the
defendants to answer to this court
holds them to answer for conspiracy
onl.-.
6-That said information attempts 20
charge the commission OF a criminal
conspiracy, the same being a misde-
meanor only, and further charges the
commission of acts amounting to a
felony or divers feionles in the exeeu-
ton OF the said alleged conspiracy
thereby showing that said conspiracy
merged into felony or felonies as
above stated for which said felony or
felonies the snid defendants had never
been examined before committing
magistrate.