The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-05
MUST FACE JURY
IN THIS COUNTY
Armstrong 0verruIes Motion
Tor Change of Venue in
Sullivan Case.
DEFENDANT DISAPPOINTED
PREJUDICE JURORS.
DEFENDANT DISAPPOINTED

Joe Sullivan will be tried by twelve
'-citizens of Salt Lake county. Judge
Armstrong of the district court yester-
day overruled the motion of Sullivan's
attorneys for a change of venue, and
notified them that the case would come
10 trial before him next Monday morn
ing, March 9. II was set for that date
at the time Sullivan pleaded to the in
formation filed against him charging
him with killing Patrolman Charles
Ford.
The motion for a change of venue was
made Monday last and Judge Arm
strong withheld his decision until this
morning. Promptly at 10 o'clock court
convened and the accused was brought
in by Deputy Sheriffs Sharp and EN-
. cry.
Il have examined the newspaper clip
pings concerning the case and have
found nothing which i'm my mind could
prejudice any reasonable man against
this defendant" said Judge Armstrong
after the bailiff had announced the
opening of court. Il have also exam
ined the affidavits filed by both sides
and find nothing in them to warrant
me to grant a change of venue. 1t
is, therefore, ordered that the motion
be denied and that the defendant pre-
Mote an exception" said j. II. Bailey
Jr., attorney for the defense, and the
proceedings were brought to a close.
Sullivan was Immediately taken back
10 the penitentiary, where he will re-
main until his trial.
The prisoner was noticeably disap-
pointed in the attitude of Judge Arm
strong, and when seen in the sheriff's
office did not hesitate to express his
opinion.
Sullivan Disappointed.
''y am to be tried for my life by
hostile jury he declared. I think
that the judge should have granted the
motion Everybody knows there is a
sentiment against me throughout this
county and that no matter how fair
minded the men who compose the jury
are, 1 cannot hope for a square deal
from them. because they will be influ-
enced against me by what they have
heard, no matter how hard they try
not to be"
The decision of Judge Armstrong
came as a distinct surprise TO the de-
tense.
SulliVans trial will no doubt be one
of the most memorable in the GRIM
inal annals o. Salt Lake county. On
the night of December IA, 1907. PATROL
man Charles Ford was shot and killed
by one of two desperadOes who had
held up the Albany saloon al the cor
ner of Second South and Fifth West
! streets. Early in the morning the pO-
flee captured James owen. who confess
ed that he was the lookout for the
two men who robbed the saloon, and
that he ran when the shots were fired.
He implicated Sullivan and a halfbreed
named Garcia in the crime, and the pO-
lice at once made every effort to cap
ture these men. Sullivan had been re-
leased only three days before from the
penitentiary, after serving "A fiVe-year
term for a holdup committed in Og-
den. He was finally captured in POrt-
land. Ore. and brought back to Salt
Lake. Garcia has not as yet been ap-
pretended.
Planned in Jubilee Saloon.
1t is alleged that the crime was
planned in the Jubilee saloon on Com
mercial street, and Tip" Belcher, the
bartender, and hi swife. Sadie Belcher
are now in Jail and will be the star
witnesses for the state. Belcher is
said to have harbored both Sullivan
ball residence on North Main street
and 10 have disposed of the loot Sc
cured by these men.
James NJ. McGivern, a bartender in
the Continental saloon, is also a wit
ness for the state, and is under bonds
10 appear at the trial
Owen shortly after his arrest was
allowed TO plead guilty to robbery and
received a twenty-year sentence in the
penitentiary, the limit under the law.
Owens attitude has naturally cast sus-
piciOn on him. as in reality he was not
guilty OF the crime to which he was