The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-25
REFUSES TO TAKE
CASE FROM JURY
Judge Morse 0verruIeS Motion
for a Dismissal in the
Sheets Case.
WITNESSES FOR DEFENSE
CONTRADICT TESTIMONY OF
BELL AND OTHERS.

4 The motion made by the lefense for
a dismissal of the Sheets case was
overruled yesterday afternoon by Judge
Morse. The motion was made yester-
day morning. and argued at length by
the attorneys for the defense and the
prosecution. The grounds on which the
motion " Is made was that the state
had failed to make out case sufH-
cient TO warrant the hearing of a de-
Tense in the matter 1t was pointed
out that there was not sufficient cor
roboration on the part of the state of
the testimony of Bell. who was a con-
fessed accomplice, to prove that the
crime was even committed, much less
to show any connection of Sheets with
the offense charged.
Following the overruling of the mo-
ton, the defense was opened with a
brief statement TO the jury by Judge s.
r. Thurman. in which he announced
that George Sheets would take the wit
ness stand and explain satisfactorily
his connection with the case.
The most important witnesses called
by the defense yesterday afternoon II
contradict the witnesses for the state
were Benjamin ]. Cough and George
w. Goalen. The latter is the proprie-
tor of the secondhand store at 1859
state street, the place in which Bell
says he gave Sheets the $3.50 bribe
money. The former is a clerk in the
same store. Both witnesses swore pos
itively that Sheets and Bell were never
in the store together, and that tbs in
cident described by Bell as taking place
there could never have occurred. Eff
ri do II
erick c. LoofbOurOw on cross-eXamina-
ton only served to make the witnesses
testify all the more emphatically that
neither Bell nor Sheets was in the store
under the circumstances mentioned by
Bell.
Police Officers Called.
Several police officers were called,
who swore to certain statements con-
tradicting the testimony of the Nc
Winters as to the details of the story
Two or more witnesses will be called
by the defense this morning to testify
to the transaction, after which the de-
fendant will take the witness stand in
his own behalf. In another day il is
probable that the case will be ready to
be submitted to the jury.
When court opened yesterday morn
ing Judge Thurman asked that the Jury
be excused until the afternoon session.
ne then moved that the case against
lSheets be dismissed on account of lack
spf evidence connecting him with the
crime charged. and because the state
had failed to show by competent evil
Gence that the crime charged had ever
been committed
In support of his motion, Judge Thur
man said that the evidence of the ac-
complete in the alleged crime could not
be in any way considered, unless other
evidence was introduced which was
sufficient to connect the defendant with
the offense charged. He said that the
state had failed utterly to show such a
connection. The fact that the McWhir-
ters were robbed at the Antler rooming
house he did not deny. but that the de-
PENDANT had any part in this crime he
did deny. He cited portions of the
states testimony which. he said, in
stead of corroborating the accomplice
wro took the stand, fatty contradicted
this testimony.
Prosecution Replies.
He was answered by Attorneys Loot
borrow and Hanson, who took the posi-
ton that there was circumstantial evil
dence which was as good as the actual
evidence, and that this evidence sufi-
GENTLY cOrrOborated the testimony of
Bell 10 warrant the case being submit !
ted TO the jury. They cited several su- |
preme court decisions i'm support of !
their contention as to the value of cir |
cumstantial evidence in corroborating
the testimony of an accOmplice Judge |
Thurman replied by referring to the /
instructions of Judge Fremont Wood to |
the jury in the Haywood murder case |
maN NAn raGHH