The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-10-20

prosecutions
A-No; | am not interested any
more than citizen.
Q.-Have you been consulted about
it3
Al have been consulted about it.
A great deal OF the evidence in the
case was gathered by me.
Odd you gather the evidence
which was given by the McWhirters7
A.-The statement from the Nc.
Whirters and May Davis and Mrs.
Dung and Donaldson s relatives.
Q.-Are you interested in the civil
suit that has been brought to recover
the money?
A.-Yes. sir, I am attorney for Mr.
McWhirter in that matter and I substi-
tuted other counsel In order TO go upon
his bond.
Q-But in fact you are one of his
attorneys?
A,-Yes, sir, in that suit.
Q.-And in order to get past the rule
or statute, or whatever it is, that pro-
hibits an attorney from going on the
bond, you substituted the name of an
other attorneyl
A.-Yes, sir,
$50 you accomplished the same
purpose by the substitution in another
wayl
A.-Yes, sir Not substitution.
The attorney will be paid for his ser
vices In the case.
Last Witness for State.
William Rodigkeit was the last wit
ness for the State. He said he was
waiter at the Vienna cafe He knew
Donaldso and had known him for five
years. He saw Donaldson at the vi
emma cafe about 3 clock on the morn
ing OF the goth of September. "When
he came in there, [ started to wait on
him. He said never mind giving him a
napkin. He went into his vest pocket
and took out long book and pulled
out one thousand dollar bill and a
five hundred dollar bill and some other
small bills and he stuck them in his
vest and said, Never mind, III use
this, and wiped his mouth with it, He
then said, What do YOU think of the
suckers carrying $4,000 on their per
sons?' I didn't paw any attention T
went on with my work. After that he
said, Il think [ will take and open up
the Occidental gambling house, over
the Occidental saloon.
II asked him how he got it and he
said ne played poker for it, and then
he told me that he had walked into
the jungles and had just got out. He
said: We'll, we got them on the train
and 1 hope they keep going. That
was as far as he went and | didn t
pay any more attention. There was
nothing more said in regard to TIE
NATTER
Cross-examination by Mr.. Varian.
Q,-You say you are a waiter7
A.-Yes
Q,-Wbat have you done before you
were waiterl
Al have done little bit of
everything.
Q.-YoG gambled, didn' you1
A.-No, I never gambled.
Q,-Was Donaldson drunk last night?
Al dldn Z know that he was drunk.
He didn't seem to be drunk.
Q.--Had he had any morphine or
doPe1
Al couldn t say.
Q.-You knew he was addicted to
the habitl
Al could always smell it on him7
Pantryman Lambone Heard
Max Lambone, the pantryman, was
also in the cafe. He saw Donaldson s
performance, The witness believed
what he heard because Donaldson
showed him the money. He told Jake
katzmyre, the cook, about IL and told
the proprietor the next day
Q.-None of YOU people thought of
gong and making complaint against
Donaldson2
Al never gave it thought.
Q.-Iou didu' tell any OF the of
fcersl
A.-No, sir
Qj-That is the only time that Don |
aldson ever took YOU into his conf J
dence as to any trick he had turnedl
Ayes, sir.
Donaldson did not tell him who il |
was he referred TO when he said, They |
are away on the train9'
Q,-Did you believe it was simply
a gambling game or did you think it !
was something else2
Abe told me it was shame to
take the money. 1t WIS like taking !
candy away from a baby.
Q-Well now, was that all. | asked
before II there was anything morel
The witness did not answer the oues.
ton and this closed the cross -examina.
tion.
Mr.. Hanson then announced that the
State rested.
Nh Varian then made his motion for
the dismissal of the complaint. which
was IN the course OF being argued when
ing.