Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-08
Inn DONALDSON
! IS FOUND GUILTY
Verdict of Jury is That He Com
mitted Grand Larceny in
g ,icWhlrter Case.
SENTENCED ON THURSDAY.
Mo * Now Occupying a Cell In the
County jail in Default OF
Bonds.

cdr" Jim Donaldson has been found
r,,,ltv of grand larceny by the jury
s,bicb has patiently listened to the evil
s.,,co IN his case in Judge Armstrong;
-, for the past two weeks and the
s..ondant will be sentenced for his
NV, in the famous McWhirter robbery
~ thursday, July IL. The case was
SrhmItted at 1920 O'Clock Saturday af-
,srnoon and at 3:45 o'clock the jury re-
.vrred ms verdict When the verdict
'r"s read Donaldson did not move
,,nscIe and showed no indication of
a.ei,rg whatever His attorney S. A.
Wing had the jury polled and each of
~ s,ght men declared that that was
bis verdict
The sensation of the trial occurred
when Dist. Atty. Loofbourow, after the
date OF sentence had been nxed Dy the
oo,,rt objected to Donaldson being re-
Ieased on the bail which he gave at the
tI,re he was bound over 10 the district
coitrt The amount of the bail is $4,000
and the bondsmen are Councilman Nj.
n Mulvey and G. j. Carey, gambler.
The attorney for the state declared that
the bond was not good and, although
Atty. King protested against any
change In the bond until after sentence
mad been passed. Judge Armstrong re-
n.anded Donaldson to the custody OF the
sheriff until a new bond in that sum
ID furnished and approved by the court.
DonaIdson Is therefore in JAIL with
show 10 stay there for a few days at
least.
WILL SEEK A NEW TRIAL.
rbe nenalty for the offense is from
ons 10 10 years In the state prison.
Afrv King announced his intention of
Ming a motion for a new trial and in
ihs evet the motion is denied he VIII APP
neal the case to the supreme court.
only tIvo ballots were taken by the
Jury before the verdict was reached.
The first ballot resulted IN six for
guilty and two for acquittal. After con-
Siderable discussion the second ballot
was taken and resulted in a unanimous
verdict OF guilty,
STORY OF THE CRIME.
The offense for which Donaldson was
convicted was the larceny OF Sl0,S73
from two young Scotchmen, Alexander
ard William McWhirter, in the Antler
naming house on west Second South
street on Sept, 10, 1906 The young men
had just arrived from SCOTLAND and
were enrOute to San Francisco, where
they proposed to engage in bakery
business. They were approached by
Larry O'Bnen, who lured them into
the room where Donaldson and Jack
OBrien were playing cards. They in
duced Alexander McWhirter to play a
hand or two and beat him out OF
$4,000.
AT DoN1ALDsoN's SUGGESTION.
When the young man complained
that the game was not fair Donaldson
H. -
whereupon Larry O'Brien very oblig-
ingly went out after the officers and
returned with w. II. Parent and w.
", Bell. two men who We're in the game
with him, who acted as police officers
and took SS373 from McWhirter and
Informed him that he could get his
money back after he arrived at the
police station.
They left the room with the Mcwhir-
ters in custody" and on the way TO
the police station tried 10 get away
from the Scotchmen. but Alexander in
sisted that he be taken to the station
and finally Bell took him there, enter
ing by the rear door. They had q con-
ference with Chief of Police Sheets.
The brothers left the city that night
and went to Los Angeles, where they
consulted an attorney, who davised
them to return to Salt Lake and at
CASE IN THE HANDS OF SHERIFF.
They followed out the advice and upon
arriving here put the case in the hands
u Sheriff Emery and the county at
torney. Complaints were issued for the
men actively connected with the rob-
berry and also against Chief of Police
Sheets, Detective Raleigh, Atty. Will
Ham Newton and Nick Razzuto, a
saloonkeeper, charging them with
criminal conspiracy. All the men have
been arrested excepting Jack and Lar
~ o'Brien. Donaldson was arrested In
Hot Springs. Ark, and is the first one
TO be convicted. Parent turned states
evidence and testified against Chief
Sheets at his preliminary and also
against Donaldson SO far the case
against Sheets has not reached Jury.
rs the Indignation was quashed by
Judge Armse ong on technicality. A
new complaint has been filed against
MN making the same charge and he
WI no doubt be given preliminary
In he