The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-25

yesterday afternoon, Judge Morse an
nounced his decision overruliig the mo-
ton. Judge Thurman then made the
opening statement to the jury, telling
briefly that the defense expected to
prove beyond any doubt that the de-
PENDANT acted according to his judg-
ment as police officer in handling the
McWhirter case, and that it would
prove that Bells story of the bribery
was fiction.
Sergeant John Hempel was the first
witness called by the defense. He told
of the McWhirters coming to the sta
ton and making the complaint that
they had been robbed. He said that he
told Sheets about it. and then started
out with William McWhirter to look
for the robberG He said that he urged
William McWhirter to remain in Salt
Lake a few days to aid the police in
searching for the bunco gang. William
replied that they had to go to Los An
geles that night.
contradicts w. w. Bell.
Benjamin L. Cough, clerk at the sec
ond-hand store of George Goalen, and the
man who Bell said was in the store when
he and Sheets went into the place. was
then called by the defense. Cough said
that he first became acquainted with
ohttAS WHEN the idlAcE NdS sewer iuSDGt-
tor in the spring of 1892, although he had
never known him intimately He was
positive that Sheets and Bell were never
IN the secondhand store while he was
there.
George Goalen's testimony was practi-
cally identical with that of his clerk He
was sure that Sheets had not been in his
store for several years, and that the last
time he was III there was when he was
a detective in search of stolen goods.
he tat Obi To
ing taken from George Raleigh, former
chief of detectives. because of the fact
that he had been In the court room during
the progress of the case. The court over
ruled the objection. Raleigh testified
that he saw the McWhirters and Bell
at the police station but did not talk to
any of them. He contradicted the testi-
mony of the McWhirters, who said that
he was in the room when the money was
paid.
Captain John B. Burbidge said that ne
was in the room when the S1.0O0 was re-
turned to the McWhirters. He contra
dicted the testimony of both the McWhir-
tiers and Bell. who said that they shook
hands with the chief when they left. He
said there was no handshaking at all
Tell of Meeting William.
Parolman Ben Siegfuss and Patrolman
Tom Simpson told of meeting William
at different times on the aft
had told them of it, Simpson said that
he had teIephoned TO Detective Burt con-
corning the case. but had said nothing
about the buneo men going TO the New
England addition, as McWhirter had de
clared he had.
Detective Dick Shannon testified that
he and Detective Wilson had arrested
Bell some time before the robbery and
took him to the police station. releasing
him later on his promise to leave town.
He said that Bell had not talked to Chief
Sheets on that occasion. contradicting
Bells testimony in this particular.
Detective Burt E. A. Phillips, a news
paper man. and one or two other minor
witnesses will be called by the defense
this morning to contradict the testimony
offered by the state, after which George
Sheets will take the stand. The defense
will probably rest this afternoon, and the
arguments TO the jury will be resumed
tomorrow after one or two witnesses are
,alled by the state in rebuttal. The case
should go to the jury not later than
Thursday. Both sides are satisfied with
the progress made. and the attorneys for
either side seem equally confident as TO
the outcome.