Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-10-20

Immediately upon hearing McWhir-
ter's story"
Ibid you have anything to do with
this prosecution
II collected great deal of the evil
dence In the case and presented II to
the county attorney
"Ycu are still retained by the Me-
Wkirters as COUNSEL
mot IN this case.
"In any case?'
Eyes, sir"
"Do you represent them in the civil
suit brought against Donaldson
II did until | decided to substitute
other council in order to go on Me-
Whirter's bond"
LAST WITNESS.
The last witness called was william
G.. Rodigkeit night manager OF the
Vienna cafe The reason for calihs
him last was that he works all night
and must get his sleep In during me
day for which reason he was not called
until late in the afternoon.
He had known Donaldson for nVe
years and last saw him In the morning
of Sept, 20, about 3 a. N.
"He came In and Sat down at "A Ia
bile" said the witness, and started 10
bring him a glass OF water, knife ana
fork and napkin, when he SAID never
mind a napkin. I'll use this ana ne
req h.d into his inside vest pocket ana
took out a wallet from which he loon
several bills. one Of these was ga
600 bill. another 5000 Dill anu
couldn't tell the denominations Oh tne
others He tucked the $1,000 Dill III
his vest as a napkin and put the rest
away. Then he said 20 me;
What do YOU think Of suckers car
rv,ne $4,000 around on their person ;
we have got them on Tram anu
hope they keep going men ne ~
me he made the money playing potne,t
He said. 4 think I'll take II alle so'a
"a gambling house over the octluet .,.,t
saloon. Then he told me ne JUS
walked In from the luheies -. ,.os :,
"He went on and SAID II We 80
shame 70 take the money, and that "
,aas IKE taking money from bapy,
Cross-examination brought OUT Wv
,ac, that n waiter had told the VIZ,
nass that Donaldson had used tne pli,
Dor a napkin. wiping his mouth anu
moustache upon II. ..tt,oopv
Az The conclusion of his testimony
the state rested,
ARGUMENT FOR DEFENSE
r,dye yarian then began his argu.
,,a,i FOR the defense. He saln tha'
,hare we're two charges in the COM
lain, that of compromising leiolS'
pa mH that of Withholding Information
1r,ar haine assured by Atty' bioW :"
10, tbere was but one, he moNeu ~, a.
d,sno,ssal of the case on the sruu,t"
ne, rather of the charges was SUI
stant,ated by the evidence 40
a., ,ather from the remarks OF NV
,nssi and the wording OF the com
,s,n, tho offense they have trleu W
pnaua il one that would be known ~
pon,non law as accessoryNhtter .lie ia,
.In The complaint the words, con,
ealing the offense from maslst,a,,e,
cor stitutes one crime. ana na'poi a., 10
selons accused of a crime aho.he. va
,,nct offense. In the last phrase q.,.,
the word charged ] take II, n et %
a formal charge or collrpia,.o 10 ~
mere suspicion Of quit. me woiu n
nv. nv, ,,sans 10 aid the accused to avoia
~ ,araities attached to their CRIME
u,t merely suffering them TO ESCAPE
AZ Falling or emitting to appreheuu
them. -, % accessory af-
49,. .he fact three elements OF proof
are necessary---the felony must na se
heen shown TO have been commll,eu,
!, I'm must be shown that the defendant
knew who the felons were who commit mn,
ted the crime. and II nuss , ~ from from,
,bat the defendant Sheltered them from
rrsuit an some extent. A mere tailure
70 act is not sufficient to constitute
this crime" ,, oases
vi" nudge Varian cited several case s',s
from the supreme court reports, wn i,e
he said tended to snow IN. io'''V''
EN- ali this evidence there Is nothing
,nat even tends to show that this dc
tendant gave any aid or assistance 10
any OF these felons'' ..o ar,u
Judge Armstrong stopped the e., arg gu
ment at this point by adlpu, ,,r,,s ins
"ass until Tuesday on the interVen,is
S Say in court Is occupied with other
| cases.