The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-07

other man involved in the case. will, il
is believed, either be given complete
immunity or let off with light sen
tcnce.
Donaldson the man who refused TO
make a confession which could be used
against the American party, faces
term in the penitentiary., Donaldson
make no confession against Chief
Sheets without committing perjury, aud
that, he said, he was not prepared TO
do Clacquers for the SGloot machine
were crying Saturday night, however,
that Donaldson, now that he has been
convicted. will ''bc ready 10 talk.
History Of the Crime,
BY its verdict the jury found Donald
son guilty of stealing s1o,373 from
Alexander and William McWhirter, two
bakers from Scotland, in the Antler
rooming house on West Second South
street on September 10, 1906, The
| testimony for the State showed that
the two brothers were picked up on
| the street by Larry 0 Brien and steered
| o 'Bricn were. and that Alex McWhir-
! ter wa sinveigled into card game. IN
which Donaldson got $2050 of his
money. 1t was the claim of the State
that this was bnnko game. and the
brothers also testified that Donaldson
| grabbed the money DtlCJt II W DC pNCt'
Then. according TO the Stale, Nc
| Whirter raised a hue and cry that re
had been robbed. Donaldson suggested
that policeman be sent for, and Larry
| O 'Brien went out TO get an ofhcer, re-
turning with Parent ard Bell, two
| crooks, who. posing as officers. robbed
! Alexander McWhlrter Of S837S more
Later that night. il is claimed, Donald
! son furnished Bell $1,000, which the lat
ter restored to the McWhirters in the
police station, after which they left
| town.
Later they returned. and Donaldson
admitted on the stand that when he
heard they were back. he left the city,
fearing arrest Nc said he didn t want
! to bear the brunt alone; that the others
implicated had gone, and that he had
no desire to suffer for tho sins OF all.
The Mormon county administration
has tried desperately to make political
capital out Of the ease Chief Sheets
has been arrested three times, charged
with conspiracy in the case, and every
time he has beaten his prosecutors
before the same judge who presided
over Donaldson s trial.
Was a Mormon Jury.
Owing to the active participation Of
Mormon politicians IN the case and
the apparent interest of the church,
Donaldson shrunk from being tried by
Mormon Jury 4 majority of the
Jurors who tried him, however, are
Mormons One Gentle on the jury,
however, is member of the I3lks, an
order to which Donaldson also belongs.
Following is a list Of the jurors who
tried the case: Wallace L Fenton, car"
penter; S. II. Calder, music salesman
Walter S Atwood, farmer; Karl A.
Scheid; insurance man; Henry n. Bird,
farmer; Jonah T. Croxall, mining man;
John H. Howe, farmer james Frame,
bricklayer.
1t is believed, though there is no
way of verifying it, that Jurors Sche!d
and Croxall are the two who voted for
acquittal on the first ballot,
Last Days Proceedings.
Attorney King opened the proceed
ings Saturday morning with his argu-
ment for the defense. He spoke for
an hour and fifteen minutes, and was
followed by District Attorney Loofbou-
row, who spoke for about half an hour,
Judge Armstrong then instructed the
jury. He told them that the State had
abandoned the charge of robbery, and
that Donaldson could only be convicted
of larceny, if anything at all, He cited
the material facts necessary to be
proven beyond n reasonable doubt be
fore n conviction could be had, includ"
ing the Joint ownership OF the money
by the two Nc Whirters, as charged in
the information. Judge Armstrong en-
phasized the fact that Donaldson was
entitled TO the presumption of limo
cence, and defined what constitutes g
principal in crime under the Utah
statutes; also what constitutes aiding
and abetting q crime. The mere fact
that Donaldson was present at the
crime. if he did not aid or abet It, nc
pointed out, was not proof Of larceny
nor was the fact that he had afterwarG
shared nthe plumber, so long as ne
did not participate in the crime or cor
spire to commit ii.
Judge Armstrong defined conspiracy
at some length. Conspiracy, he said
could be accomplished by a tacit under
standing, as we'll as by actual spoken
words, and if third party, not in the
original conspiracy, should come into
it, and thereafter participate in it, his
acts were competent as against the de-
fendant on trial.
The court further instructed the jury
that obtaining money by false and
fraudulent representations was not
larceny within the meaning of the sta
tute. Good character, he said, was q
strong element to be taken into con
sideration He pointed out that nc
man could be convicted upon the uncor
roborated testimony of an accomplice
and defined what constitutes reason
| l. l. =,