The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-03
|IIDSON GOES
WITNESS STAND
Give Jury His Version of
the Undoing of the
McWhirters.
h ABANDONS THE
4 CHARGE OF ROBBERY
/ 10 Ask Conviction Only
/. accusation of Grand
Larceny.

NJ. Donaldson went on the WIT
"a Tuesday and began the mar
his version of the famous in
"a the Antler rooming house,
A. Mcwhirters from Scotland
vd 10 have been separated from
Ne had detailed his early life
the hardships lie endured in
,,ssful pursuit of fortune in
and his career as d professional
and had started to narrate
;.prs connected with the poker
|a ihe Antler house when court
..d for the LAY.
Hson took the stand after Judge
-sr had lcu,c1 n motion maGe
.l,orney. s. :. King, to direct
4 peremptorily ia return YER
roi guilty. on the ground that
bls had moi made ont "A case.
ing this motion, however, the
gained partial victory, IN
Res armstrnn., required the
jou to elect whether it would
ef jury on the charge Of grand
Or robbery. Donaldson was
With both otfenses in The in
b. but the court held that the
kald only ask for a 'onyiction
q them. District Attorney
nov and Acknowledgement
representing the State, chose
hreny as the offeuse upon which
n ask the jury to convict Don
u The maximum penalty for
/hfeeny is ten years and for rob
is twenty years.
.ost significant statement made
7ldson during the brief tine he
: the stand was that, subsequent
'bsing Of open gambling by the
b party IN Salt Lake, he bad
fimission from Chief Of Police
p \. Sheets 10 open a gentle
? i1b room, where men could
Hfds, aud that Chief Sheets had
such permission.
Parent on the Stand.
court opered Tuesday morning
It bad not vet rested It's case.
.g, for the defense. asked per
. recall ". n. Parent, star
for the State, for further cross
nhon, and The permission was
n you met Larry o 'Brien that
Nscd You TO impersonate q po-
didn I be ask you first II. YOU
man By the name Of Peck.
That he had been looking for
sometime ~ asked Mr.. King.
~, replied Parent.
nj the $1,000 which was re-
v The McWhirters part of the
Tnleh Donaldson got in the
pnsi was the next question.
se told so afterward, - replied
nlll, who gave it to the Nc
dr,r
casey, tie pooIroom man who
'as $1,000 bill for Donaldson,
n recalled for cross.cXam nina
"a YOU changed that bill, ="
~ hlng, did Donaldson not
sou that he had won $4,000
M game, aud that he had TO
"a some Of the money!
ao Do came by the bill in
tnG answered Mr.. Casey.
non Know how much he had
ne State rested It's case. and
III a. once moved for dis
,ne ease against Donaldson.
.ne argument Of this motion
',s'fong required the State to
INV grand larceny or robbery.
81 ''''e' to stand on grand lar.
!. Grounds of Motion.
lug then moved for a yer.
! HI, guilty as TO grand larceny
'ymaowing grounds:
,lra' lsa' tne evidence Of the State
n, aued I:nd concluslvcIy that the
Iasvu uio not take any portion of
- under anv circumstances
9 3Ei%Thu iyTTiu constitute larceny.
II
o, ,nat II had not been proven
Hnds dstt s,ms was other than fair
p|nIel,,a. ,aa' Donaldson bad won the
%els by reason of the fact tbnt
'er best hand 'l
pa,, Inc taking of 4s273 by
.Isl a.. vas separate and in
s.l.. and tho result of q con.
into by Larry o 'Bricp.
sp r,,' nent' to which conspiracy
9 Ta Tas not a party.
4, ipat there was no element,
3 se sapwn; that the defendant.
NJ, lne proof, had not solicited
4 81 h,SS lake amy part in the
= smld not represented TO him
tho game. money il ne qua
k,i,xSIa argued these points during
ssa'l,r. Of The forenoon session,
h y, an hour during the after
e,ted a large number % Of an.
tor,su support his contention. Dis.
s|lpls :, Loofbourow made only a
iss ~ tho afternoon session,
= Armstrong oyerruIed tbe
ng Tor Defense.
/1s then made tho ororiD.
4 y Ss, Il, The defense. He beaan
n mat nSat the defense would con
IA donaldson had violated ,u 81" ,bo
b ssms mat he had engaged in a
q t6at tr%e. :, but no further. lie
IL spsS1 es;,1 vas born in Sec sr"tjan% G""T
y III xO and that during Ms" his csrID w,IU
n ueelarcd, had been e' epga%r'l 400"
ued on Page Two