The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-02
Police Station Incident Goes TO
the Jury in the Donald
son Case.
DEFENSE VIGOROUSLY.
But NAINLY PROTESTS
Motion to Dismiss for Lack OF
Proof to Be Made by De-
fendant Tuesday.

In the trial of James Donaldson,
Monday, Judge Armstrong. over tho
strenuous protests of the defense. per.
mitted the McWhirter brothers TO de-
tail all that trauspired after they left
the Antler rooming house, where they
claim they were bunkoed, under the
escort of W. ". Bell, the bogus po-
liceman. until they took the train lato
that night for Los Angeles. This in
accompanied by Bell, and the alleged
refunding TO them there. IN Chief
Sheet s presence, of $1,000 Of their
money.
The defense objected TO all Of this
testimony on the ground that Donaldson
was not present when the events de-
scribed occurred, and that he could not
be bound by acts which transplred i'll
his absence, also on the ground that
the robbery and grand larceny, with
which Donaldson is charged, was con-
summated in the room, If consummated
al all, and that subsequent events were
immaterial as tending to show Donald
son s guilt or connect him with the
crime
The State, while admitting that tine
events In question were not proper tes-
llmOnN Wncn inc NC w nlrlctS were HlHb
on the stand. contended that subse-
qucnt evidence had established or tend
ed TO establish conspiracy TO which
Bell and Donaldson were both parties,
and that the acts Of Bell as "A CO.
conspirator could be shown. whether
Donaldson was present when those acts
were committed or not. Judge Arm
strong apparently took tins view OF the
case. for he oyerruled all the oblcc-
tinnu ruiSoD hN titnrnpN ~ a mIIpl \
King, representing the defendant.
Sheets Is Not Called.
1T was a lop sided version of the In
cdents in Chief Sheets Office which
the State presented to the iury. Chief
Sheets, whose knowledge is as full and
comprehensive touching what trans
pired i'm his presence, and who was not
as excited as the McWhirtcrs were,
was not called by the State, and. evi-
IDENTIFY, will not be called. At the con-
clusiop of the day g proceedings Dis,
trict Attorney Loofbourow announced
to the court that the State would have
but one more witness. and that his "
timony. which would be very briSf,
would conclude the State 3 case.
The State, therefore. will rest Tues
day forenoon. Mr.. King will then
move a dismissal on the broad general
ground that the prosecution has taileG
to prove Donaldson guilty of either
robbery or grand larceny, 1t will be
larceny charge has fallen flat because
no effort has been made by the State
to show that the poker game in which
Donaldson won the money was other
than a square game; also that the ties.
tjmony OF the McWhirters that Don
aldson suatched the S2050 before the
game was concluded is contradictod by
W. II. Parent, also witness for tho
State. who has said that Sandy Nc
Wh;r;cr told him, when he entered the
room in the guisc of policeman, that
he had lost the money in a card game.
II will also he coutcnded by the de-
tense that no element Of robbery
either by force or by putting IN fear
has been proved against Donaldson;
that he took no part in the taking
of the Ss375 from McWhirter by the
two bogus policemen; that, according
TO the State 3 own testimony. he was
not acquainted with them until they
entered the room, and that consequent
them either TO steal from or rob the
McWhiricrs.
II ihe defense s motion to dismiss il
granted, il will end the case against
Donaldson: If it is denied. the defense
will then proceed with IFS opening
statement and the introduction of eyi-
lenrc.
Parent Aids Donaldson.
". il. Parent, arch-crook and star
witness for the State, resumed the
stand when court opened Monday
morning. and was again taken in hand
or cross oss-eXamination by Mr.. King
rhc general tenor OF Parent s replies
vas Favorable, rather than uufavora
,ln Ip
Omitted ne did not know of his own
knowledge that Donaldson received
ent Of the McWhirter's 5 money other
han the %aO50 which changed hands
n the poker game.
''You don { know that Donaldson
ot a ive.cent piece of the McWhir'
or money. do you!' asked Mr.. King,
cferring to the $3.50 which Parent
nd Bell took from the Scotchmau.
:No. SIR declared Parent.
when YOU were in the saloon after
on left the Antlcr rooming house,
ontinued the attorney. did Donald
an make any claim TO the money YOU
ad taken from McWhirter''
" No. sir.
''Did Donaldson ever say ANYTHING
, your hearing regarding holding out
0 per cent Of any money for George
heets!' was asked
sDNo, sir; it was Jack O'Brien who
lid that, said Parent. Bell and
told him We had our own arrange
cnt with George Sheets,
Made Trip to Chicago,
Mr.. King elected from Parent the
teresting and hitherto suppressed in
,rmation that he had made trip To
hicago since his arrest last February
ID his subsequent release upon his own
cognizaucc. He brought il out by
king him how long he had been in
ln1x op1 .aiI