The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-27
SANDY" TELLS OF
QUEER POKER GAME
Continued from Page One

admitted ignorance of the game, that
| this was not true.
McWbirtor swore that he didu t know
what hand he held himself, nor what
! bands Donaldson and John o 'Brien held.
! Mr.. King contended that McWhirter
| had two Jacks and an ace in sight and
an ace buried, but McWhirter wouldn +
| admit this. Mr. King asked ii it was
not a fact that Donaldson had two
sevens in sight and turned up third
seven, which he had buried, before he
took the money, but cWhirter swore
positively that such an incident did not
! occur.
Didn't you tell Parent when he
came into the room - asked Mr.. King,
''that YOU had $4,000 when you came
into the room, and that you had lost
| $1,000 to that man, indicating Donald
scn7''
- told him / d been robbed of $4,000.
"'You lost the money gambling,
didn I you9' persisted Mr.. King.
"No, sir,' shouted McWhirter, with
great heat his face rcdenning with
anger. 81 was robbed of my money,
fool that was. Nobody on God S
earth could convince me that
WASH {, =
/" When Donaldson turned up that
won and call him lucky guy?' queried
Mr., King.
ono. Sir; never called anybody "A
lucky guy, such an expression is ut
tcrlv foreign to me. declared Nc
Whrter.
Had Revolver With Him.
McWhirtcr admitted that he took a
revolver with him to the room, but
declared that it was not loaded. He
denied that after he accused Donaldson
of robbing him he had made move
ment toward his hip pocket; He also
denied that he had requested Herald
ronorter TO suppress the story of his
having had gun in the room with
him. This reporter probably viii be
placed on the stand to lmpeach
SANDY.
In answer TO further questions, Nc.
Whirter admitted that Donaldson mad
taken no part in the searching OF MN
and the theft of SS3I3 which was
taken from him by Parent. rms
transaction. he declared, was strictly
between him and Parent. In one
respect, however. McWhirter contra
dictcd his own testimony given at
the preliminary examination and the
testimony of Parent given al the pre-
liminarY examination. This was when
he declared that Parent snatchcd the
money from him when he was taking
II out Of his pocket. Hitherto both he
and Parent have sworn that he gave
the money up voluntarily when com
manded to do so by Parent, whom
he thought was an officer.
Variance in the Proof.
Early in the cross examination Nc
Whrter had sworn positively that the
money which he lost in gambling
was his own money, The 1ntorma,
ton charges that 1T was the JOINT
property of himself and his brother.
| When The ross-cXamination was con
cluded. Mr.. Loofbourow, realizing thai
there might be fatal variance on
this point between the proof and the
| information. took him in hand again
and tried TO square his testimony with
The allegations in the information.
Under Mr. Loofbourow tutelsge
McWhirter declared that The money
belonged TO him and his brother; that
they had their money all together. and
that he was acting az pnrser for
not bet his brother s money; and IN no
event would have charged his brother
with his gambling losses.
HWas your testimony true this
morning when you told me that it WAS
your own money you lost?' thundered
Mr. King.
hedge, but finally, when Mr. King
pressed him, he admitted that il was
his individual money he had lost This
variance undoubtedly viii be raised by
the defense when a motion TO dismiss
is made at the conclusion of the
State s testimony.
Has Studied Poker Rules.
During the course Of his cross-ex
animation Mr. King forced cWhirteI
to admit that he had been studying
the rules Of poker since his experience
He declared, however, that he had
never found any rule to fit the game
he played with Donaldson at all--the
festive game of ''holsy-poky.
"Tberc are no rules for that game,
said McWhirter solemply, as one who
had been disappointed in a search.
!'Weelum' McWhirter, the younger
brother OF the ''toon councillor, - was
the next witness. His testimony was
meant to be corroborative Of his
brothers.. but he fell down on one
important deal. Whereas "Sandy'
had testified To betting only $3.50
HWeelum testified to his betting
$205O "Weelum - claimed, however
that the money lost was the joint prop
erty of himself and his brother, which
to that extent strengthened the case OF
the State al weak point Other