Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-13
He DENOUNCED M'WHIRTER.
Declared Scotchman Committed
Perjury When He Told Story
or Bunco Card Game.
But Victim Of surething Gang Told
Straight Story and Was Not siiak-
en- in Cross Examination.

The preliminary nearing o. ''l"
Donaldson. the notorious gamblina
house booster charged with taking part
IN the robbery OF the McWhirter broth
ers IN this city recently, was begun be-
fore Justice OF the Peace Bishop this
The prosecution Is being con-
Quoted by County Attorney Christensen,
while Doctor" Jim's interests are being
loked after by Atty, sam King.
Aside from the witnesses and coun-
sci hut few persons were present. Dom
aldson appeared to be in good health
and did not show any signs of nervous
ness. In fact, he was rather good
natured until Alexander Mcwhirter be-
gan TO explain how he had been roped
into the bunoo card game. Then Dom
aldson became somewhat excited and
angry and charged McWhlrter with
perjury Aside from this incident,
nothing of an unusual nature occurred
during this mornings session of court.
The line OF evidence being brought out
by the prosecution Is practically the
same as that introduced during the
Sheets hearing.
j. II. McAllister. deputy county SUR
veyor, the first witness, took the stand
aud explained the chart, showing room
I'm the Antler rooming house where
the robbery occurred.
Alexander McWhirter was the next
witness. He gave the same testimony
regarding the case that he gave in the
Sheets case. Samuel King, attorney
for Donaldson, objected to MeWhirter
giving testimony regarding Larry
O'Bren, saying that whatever Nc
Winters doings with O'Brien were
they had nothing to do with this mat
ter. The objection was overruled.
however.
At a point where McWhirter was
telling how the game happened and
how he had been induced to play, Dom
aidson exclaimed;
You are perjuring yourself under
oath,
Atty. King then began his cross-ex-
animation.
You saw the defendant first at the
Antler did you mott?
yes"
Did he say anything to YOU
Your brother was with you all the
time2"
yes"
"DId you ever see John o'Brien or
Bell before?"
NO"
McWhrter then said that he and his
brother were taken to the Antler room
ing house by Larry O'Brien. There he
1McWhirter) was introduced to John
OBrien, the latter claiming to be a
mining expert. Donaldson was intro
daced as doctor. John O'Brien then
showed the men some ore A short
while later O'Bren asked the doctor 10
resume the game that they were play.
ing. Larry O'Brien asked to play and
bought $40 worth of chips at the start
TESTIMONY uNsHAKEN.
Didn't Larry oBrien buy 81 worth
of chips instead of siO' asked ATTY
King, "and pay for them with SILVER
dolar2" a..
mo sir; he did not. He bought $40
worth. hut did not pay any money
NcWhIrter then testified that he had
never played cards before and that he
did not know a jack from a queen, but
he did know an acc when he saw one.
nDidn't YOU know what cards you
held2 Didn't you have two jacks and
two aces?"
II don't know what cards had"
"Do YOU know what cards Donaldson
hcld?'
NO. sir" AK.
After the game was played, didn't
they explain the game TO your
Didn't you ask to play the game
over again?"
mo, sir"
"DIdu't Donaldson have three sew
Il don't know; the game was never
you bet as the cards were dealt did
you not2"
Yes, sir"
Didn't Jack o'Brien have queen
! aud you an ace2"
II don't know what he had.
"Dldnt Donaldson turn his card aud
| say. i win the money!
mo, sir; he reached across the table
| and grabbed the money and SAID, l
| have won this money
FEELING AGAINST DIR. JIM"
AT this point court adjourned until
| this afternoon, when McWhlrter VIII
| ne further cross examined. The hear
! ing WIS SGT lvt w '''"N" e i'i' =.
but Justice Bishop was delayed and II
! was after II o'clock when the Wit.
| nesses were sworn and the taking OF
testimony began.
! The witnesses sworn IN by the state
| were Mrs. Young the landlady ~ tnt
| Autler roomlug house. ]. II, McAllister,
I deputy county Surveyor #. " fttz-
/ gerald. and Miss Efie Fay; also Alex
ander and william McWhirter.
The McWhirters have very bitter
| feeling against Donaldson, which was
/ shown this morning when they refused
| -. .t4 49,, ,,,,t,t d., Tho egrnp cQr with