The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-07
DonaIdson's Dilemma.

I tell you, gentlemen tnat eltHef jim
Donaldson tried to cheat John o Brien
out of $500 or else he falsified on the wit
ness stand and | don't care which horn
of the dilemma he chooses. If he cheated
Jack O'BTien what becomes of his good
character? If he falsified on the witness
stand, of what avail is his good charac-
ter?
Contrast the conduct of the McWhir-
ters. By their own testimony they have
been under cross-eXami nation five times
in various hearings in this and like cases.
They have been pounded On the head;
hammered IN the f5Ce: clicked in every
part of the body Soy different attorneys
who cross-eKamined them. yet in each
and every case the same story has been
told and simply because IT was the
truth"
The courts charge to the jury WAS a
learned exposition of the law and its
application to the facts in the case. He
occupied twenty minutes with his charge
and the jury retired at LIZ yesterday
After The jury had gone cut Attorney
King noted several exceptions TO the in
structious given the jury by the ca'Jrt his
main objection was that Judge Armstrong
made the charge too general and did not
show clearly enough the application Of
the law 10 the case being considered by
the jury The executions will show on
the record in order that Mr. King may
use them as basis for an appeal.
Two for Acquittat.
lmmedlatclN upon retirement, samuel II.
Calder was chosen as foreman and an in
formal ballot showed that six mon had
voted for conviction and two for acquittal.
It was agreed Icy the jurors that the
names on either side would not be made
public. The jury went TO dinner at /
o'clock and on its return nearly two hours
were passed in debating the case Wher.
the second ballot was taken at $40 al
eight stood for conviction.
The defendant was called into court and
the jury reported at 3.45 that it had agreed
on verdict. The roll Of the jury was
called and the verdict was then presented
to the court. He glanced at it and handed
it to the clerk. who read:
In the case Of the state against James
Donaldson we, the jury, find the defend
ant guilty as charged
SAMUEL H. CALDER, Foreman"
All eyes were on Jim Donaldson. He sat
motionless in his chair, but the hectic
spots on his cheeks flushed a deeper red
as he heard the words that pronounced
him a felon. His attorney arose and calm
ly said:
I'VE ask that the jury be polled'
The clerk then read the name of each
Juror and each replied that the verdict
thanked the jury for the careful atten-
ton il had given the case and excused
the jurors from further duty.
Bail Bond Questioned.
District Attorney Loofbourow asked
that the defendant be remanded to the
custody of the sheriff until such time as
he could give an approved bail bond in
the sum of $500. The present bond was
signed by ]. w Geary and NJ. E. Mulvey.
Mr.. Geary. he said, was a gambler, and
Mulvey a liquor merchant. In the opinion
of Mr. LoOfbOuTOW neither man was re-
sponsible for the amount of 5000 Mr..
King took issue with him. but the court
ordered that Donaldson be held in Gus
tOdy until a bond satisfactory to the dis
trict attorney be provided.
The court suggested that next Thurs
dav at 10 o clock be fixed as the time for
sentencing jim Donaldson Mr.. King said
il was his intention to file on Monday a
motion for a new trial and that until that
motion was passed upon, sentence could
not be pronounced.
Judge Armstrong said that the time
would have to be fixed, but that as soon
as the motion was filed sentence could
be deferred until after the motion could
be heard which would probably not be
until the September term of court since
in the meantime, the record would have 10
be Transcribed. He fixed the date for
sentencing for next Thursday, subject To
further continuance.