The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-27

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James Donaldson g trial on charges
Of robbery and grand larceny growing
out of the alleged bunkoinp Of the
McWhirter brothers ont of S10,373 IN
the Antlers rooming house last Septem-
Der, commenced in earnest before Judge
| Armstrong in the District Court Tues
day, A jury was secured shortly after
2 o clock, the opening statement for
the prosecution was made by Attorney
General NJ. A. Breeder. and when the
days proceedings ended Alexander
("Sandy' } McWhirter, the 'toon
councillor from Marbole. Scotland, was
on the witness stand telling the now
familiar and oft-repeated story Of how
he was separated from his money
Eight more talesmen were examined
before the two requisite additional iu-
rors were secured. Walter J. Burton,
B. F. Redmsn and James e. Beyeridge
were excused for bias and for holding
preconceived opinions about the merits
OF the case. Cyrus II. Gold, an en-
lenged peremptorily by Attorney s. A
King for the defense, despite his assur-
ance that he could give a fair and i'm
partial trial Arthur knight. who
! works for Ben Haywood and William
/ n Daniels, musician, were challenged
peremptorily by District Attorney Loot
bourow. Both the latter are Gentiles.
Breeden WAKES Oratorical.
After the securing of the jury Major
Breeden, who had hitherto acted as
q silent spectator of the proceedings,
began the opening statement for the
prosecution with a panegyric on the
American jury system From that he
drifted into n discussion Of what the
State expected to prove: II was large
ly o reiteration of the McWhirter case
as it has been told and retold in the
two examinations of Chief Of Police
| Sheets.
Mr.. King objected to Major Breeden s
statement as TO what Larry O'Brien,
John o 'Brien and others had done, but
his objection was overruled. Toward
the close of his address Major Breeden
waxed oratorica1, and exclaimed;
Gentlemen, when you see the Nc
Whirters you will believe them. -
Mr., King objected to this as being
argumentative. whereupon Major Rree-
den became dramatic Thrusting one
hand within his manly bosom and e1-
tending the other heavepward, he ex-
| claimed in theatrical falsetto.
"Wben men begin to feel the halter
draw no wonder they squeal y
Mr.. King excepted to this as miscon-
duct on the part of the Attorney Gen.
eral, and the exception went into the
record.
Says Sheets Got $4,000.
The principal point against Donaldson
which Major Breeder declared would
be proven by the State was that when
McWhirter's g two $1,000 bills had been
placed in the pot in the poker game
into which, it is alleged. the untutored
Scotchman was beguiled, only $500
had been bet by Donaldson and John
0 O'Brien against it, and that they had
bet chips not money; that, without
waiting for the game 10 conclude, Don
aldson grabbed the money, and declared
! that he had won the game,
Furthermore, Major Breeder as
serted. the S8373 which was taken of
"Sandv" McWhister by Bell and Par
rent, the bogus policemen who were
summoned by Larry O'Brien after Nc
Whistler had lost $4,000 in the poker
game: was divided the next day in
would testify to this. After declar
ing that the o 'Briens, Parent, Bell
and Donaldson had all gotten n portion
of the loot, Major Breeden said;
"a certain percentage was kept out
for another man whose name l shall
not mention here.
'Then | object to your making any
statement about it, interlected At
torney King.
Major Breeder was nettled.
"Then II mention the name, he
shouted. ''It was George A. Sheets,
chief of police of Salt Lake. Two
Thousand dollars was kept out for him.
! didn t mention his name because 7
didn know whether or not it would
be brought into the case.
The closing portion of Major Bree-
| don s address was a whine 70 the jury
because Mr.. King had interrupted him
at intervals.
81 don t sec, - said the major, why
! l. have TO be interrupted here all the
! time. -
81 interrupted you because you were
making improper statements, retort-
! ed Mr.. King.
Tried on Both Charges.
AT the conclusion of Major Bree-
! don address Mr. King moved that
the State be required to elect as TO
whether 1t would try Donaldson for
robbery or grand larceny. District At
torpey Loofbourow said ii was expect
| ed 20 prove both charges, and Judge
Armstrong denied Mr.. Kings motion.
Mr., King then demanded that the
| State be required to furnish the de-
Tense the names indorsed on the in
formation. Mr. Loofbourow insisted
! that the law did not require this, and
| Judge Armstrong refused Mr.. Kings
| demand.
J. D. H. McAllister, draughtsman
! in the county surveyors office, was
the first witness called He identified
drawing of the room and hall in the
Antlers house where the alleged bunko
! game was pulled of. This drawing
will be used in the case TO assist the
jury IN arriving at a conclusion.
Sandy McWhirter Called
Sandy" McWhirter was then
called. He described IN detail how he