The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-03
jim DONALDSON
TELLS HIS STORY
IGambIer, KIondiker and All
Round Adventurer, TeSti-
, fieS in His Own Behalf.
IA PICTURESQUE CHARACTER
TWILL GIVE DETAILS OF FAMOUS
POKER GAME TODAY.

q
idabbler in mines and seasoned adventurer,
was told on the witness stand yesterday
afternoon by 'Dr. Jim" Donaldson, who
was testifyinE in his own behalf in his
trial for the theft of $4,000 from the Nc
J Whirfer brothers The adVentursOme
Esprit that Jim Donaldson told of took him
across the water to London. as far north
as Nome, Alaska, and in every mining
camp in the west.
{ Forty-ffve years Of ups and downs of
his life were gone into in detail by the
man now on trial. charged with felony.
How he made $4,000 in Alaska travelled
! !, 500 miles over ice and snow in weather
too cold to be measured by any ther-
mometer in common use; how he worked
| in gambling house in Chicago during the
worlds fair and made enough to do the
continent; all was described I'm detail by
! Donaldson. He constantly sought excite
ment and seemed to get it.
Mrs Sally E Young, proprietress of the
AntleT rOOm1ng house. also called as a
witness by the defense, proved almost
as entertaining as Jim" Donaldson. Her
story of Farley p. Christensen's attempt
Ito get her to incriminate Donaldson Great
ed much amusement.
IT told Farley Christensen he was a
great big stiff" said Mrs. Young, and
told him a lot of other things. too, and
ordered him out of the house. He was no
gentleman TO talk to a lady the way he
ultA " me
Pages Stolen from Register.
In the course of her testimony it seemed
for a moment that sensation was to be
sprung When asked concerning her reg
lister at the hotel. she said that several
pages had been stolen from it. On cross
examination District Attorney Loot
borrow was on his feet and made an, eff
fort 70 have her connect Chief of Police
Sheets with the theft Of the leaves from
the register. It developed, however. that
T6aeA leaves "a TO h,
date of the alleged robbery and could have
nothing TO do with it She thought il prob
able that some one had taken them not
thinking they were OF any use
The defense made a strong effort to
have the court instruct the jury TO bring
in a verdict Of not guilty at the close of
the states case Attorney Sam King
made an argument covering a period of
several hours, and read citations from
many authorities in support of his mo-
lion. Judge Armstrong overruied the mo-
ton and the defense was forced to pre-
sent its case to the jury.
Jim Donaldson VIII continue his testi-
mOny tomorrow in connection with the
alleged robbery of the McWhirters. The
dence by c. w. Scott, a friend of Donald
son, who will be called today. II is ex-
pected that the evidence Will be all in
today and the case will go TO the jury to-
lnorrow.
W. H. Parent was recalled by the state
yesterday morning when court opened
he swOre that Bell had told him the 81 600
returned to the McWhirters had been fur
nished by Donaldson. NJ. ]. Casey was
also recalled and testified that Donald
son had told him that he had won the
7 600 in a poker game.
After the evidence OF Mr.. Casey had
ibeen taken Mr.. LoOfbOurOw announced
lacOnically:
State rests"
Asks for Verdict of Not Guilty.
Thereupon Attorney King moved that
1.-THE court instruct the jury TO render a
verdict of not guilty upon each of the
counts of robbery and grand larceny pre-
scented in the information on which the
defendant was tried. The court excused
the jury until the arguments IN the case
had been presented. Mr.. King went into
ithe matter at considerable length. the
presentation OF his side of the question
lasting well into the afternoon
, The contention of Mr.. King was that
donaldson did not take money under any
circumstances such as would constitute
grand larceny or robbery. The claim he
set forth was that Donaldson won the
money by reason OF holding the best
hand The taking Of the s. 352 by Parent
he contended, was an independent act re-
sulting from a conspiracy between Larry
OBrien, Parent and Bell. and was in
10 way binding upon Donaldson. He also
made his objection on the grounds that
the evidence and the information were AZ
Variance on the question of the owner
ship Of the money. the information aIleg-
ing that it was the property of Alexander
and William MCWhirter. while Mr.. King
maintained the evidence showed that it
was solely the property of Alexander Nc
Whittier.
A point gained by the defense was fore
ing the state to elect on which count of
the information it rested its case Mr.
King at the beginning OF the case
moved that the state be ordered to saw
on which cherge-robbery or grand lar
ceny-DOnaldson was being prosecuted At
that TINA the TOIlrT no
When hr. King renewed his motion re-
Specung this phase of the case Yesterday
the court sustained the motion and grant
ed the order asked for.
Charge Made Grand Larceny.
District Attorney Loofbourow, after a
consultation with Attorney General Bree-
den, announced that the state would
elect the charge Of grand larceny. Under
the laws of Utah grand larceny is punish
able by Imprisonment Of from one to ten
years in the state prison and robbery by
from one TO twenty years.
In opposing the motion of Mr. King
asking for instruction to the jury to bring
IN verdict of not guilty, District At
torney Loofbourow made only a brief
talk. He said he thought that the points
MIR. King commended were shown by the
evidence had not been shown at all
and that the questions presented were
questions for the jury and not for the
court. Judge Armstrong denied the mo
ton of MIR. King without stating any
opinion from the bench
Attorney 5. a. King in brief opening
address to the jury stated what the de-
tense proposed TO show. He said there
would be no dispute as to the gambling
proposition. The defendant, he said was
gambling and was willing to pay the pen
atty for that offenSe
THE defense proposes to show" said
Mr.. King. that the game as played in
the Antler rooming house between Jack
o. Brien. Alexander McWhirter and Jim
Donaldson was stud poker, played fair
and square according to the rules of the
game. We will show by a man who was
formerly proprietor of a gambling house
just how the game Is played and the man
ner in which it is usually done. 1t will
be shown, | think, to the satisfaction of
the jury, that Jim Donaldson won this
money by reason of his holding the best
hand and that he had nothing TO do with
what followed. that he knew the O. Briens
very slightly and that he had never seen
or heard of Bell or Parent prior to the
time they came into the room i'm the Ant
Ter rOoming house.
by the evidence of Mr. G W. Scott
we will show that Donaldson met him i'm
mediately after the game and that they
spent much of the afternoon together
While they were together Donaldson
showed him the two $1,000 bills he had
won in the game and told him he had
won it at poker. Something was said
about Dona ldSOn returning 81 900 to tho