The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-06
DONALDSON CASE
CLOSES TODAY
Evidence in Trial for MCWhirter
Robbery Is Completed and
Arguments Begun.
DEFENSE CALLS MULVEY
FARRENT ROASTED TO A TURN
By MAJOR BREEDEN.

CGDied the attention of the court and
the public for two weeks, will be in
the hands of the jury by noon today.
The testimony in the case was all sub
mitted yesterday, and the closing argu-
ment to the jury was begun for the
state by Attorney General Nj. A. Bree-
den.
The defense yesterday corroborated
in a mea sure the testimony of Donald
son by that of c. w Scott, a gambler,
with whom Donaldson had been asso-
Ciated. On crOSS-examination. the state
endeavored 10 show that Scott was an
opium smoker. and that his income
was derived from questionable sources.
Some of the questions along this line
were ruled out of order by the court,
and the others were answered with
negative by the witness.
Councilman Martin z. MulYey was
one of the character witnesses of the
defense He said he was a personal
friend of DonaldsOn's. but denied that
Jim had been doing any detective
work at his instruction. He said Don
ALLISON had reported to him that gam
bling was going on, and Mulvey had
told him that if ne could discover
where 1t was he would see that 1t was
stopped.
Sheets Wanted Donaldson Jagged"
Another new phase of the case was
tine statement by Sergeant Ed jan
ney, another of the character witnesses
Cor the defense, that he heard orders
sbad been given last summer by Chief
Of Police Sheets for the arrest of Don
aldSOn on a Vagrarcy charge. This
fact was brought out on cross-eXam-
inatiOn after Janney had said that
Jim's reputation was good. Sergeant
BILLY" Hilton. in point of service the
oldest man on the police force. also
testified that Donaldson's reputation
for honesty, integrity and fair deal
ing was good.
Mrs. Sally z. Young, proprietress of
the Antler rooming house. made things
lively during her fifteen minutes I'M
der cross-examinatiOn yesterday morn
ing. She seemed to take her CToss-ex-
animation as a personal insult, and did
not hesitate to express her feelings in
the matter. She was cautioned several
times by the court to answer the ques-
tons without comment, but was ap-
parently obliviOus TO his instructions,
and conveyed the impression that she
would do as she pleased.
Donaldson was still on the stand un-
Ger CTOss-eXaminatiOn when court con-
Cened yesterday.
Didn't the O'Briens tell you that
the McWhirters were back in town
shortly before you left for Denver"
NO. sir"
who did,"
u heard that the Mcwhirters had
returned from several people, but not
from the O'Briens."
Mention some one who told you of
tt"
Frank Wilson"
He identified two photographs intro
duced by the state as those of the two
O'Brens The poker game was again
gone over infinitely, and Donaldson got
through the details better than he did
on Wednesday. on some points he
Eaid he could not remember just what
had TRANSFERRED
Jim's Memory Was Poor.
Isn't your memory rather poor re-
spccting the details Of the transaC-
tom"
owing to various troubles my mem
Dry is poor
Isn't this cloud on your memory due
to recent habit of yours?"
Attorney Sam King objected To this
question. and the court sustained the
objection Later, by a question to Mr..
Scott, District Attorney Loofbourow
Indicated that the habit he referred to
vas that of opium smoking.
on redirect examination. Donaldson
lsaid he registered under his right name
at the Eagles clubs in Denver and Hot
Springs A letter bearing DOnaldson's
right name was introduced in evidence
This letter he had received at Hot
Springs. 4
why did you return the $1,000 to
the McWhirters?" asked Mr.. King.
ITO avoid arrest" was the response. !
Were you ever engaged in gambling
with Mr.. Mulvey?'
NO, sir"
He went on to say that he had told
Mulvey of gambling games and graft
In, Fha off IND hot ATra1r- !. I
asked him to spot them for him. He
said he told Mulvey that he thought
the O. Briens were running a gambling
house. and Mulvey told him to find out
lie said he received no pay for his pri-
Vate detective work for Mulvey
Then Mrs. Young took the stand. Her
flashing eyes showed that she was pre-
pared for any emergency which might
arise. She was called at the request of
District Attorney LOOfbOuTOW for the
purpose of further cross-examination.
Lively Tilt With Mrs. Young.
Have you found your register for
September last"
IT haven't looked for it.
Didn't you pretend to look for it
q hen Deputy Sheriff Sharp and I were
at your house the other day."
- did. not. The only book ] have
was there. I have too much to do |
Mr.. 1oOIDOufOW- % BOJGeH WIN Things I
that doesn't concern me"
She endeavored to continue TO give
vent to her wrath, but was stopped by
the court, who warned her 10 answer
the questions and not to make any re-
marks not called for.
When asked about the rental of the 7
room to the O'Briens, she said that her I
regular room rent for transient rooms .
was s. a day, but that she had charged {
the occupants of the room 50 for three I
days, because of the fact that she had /.
4 10 remove the bed from the room.
Mr.. LOOfbOurOW asked her several |
Questions of d personal nature which I
aroused Mrs. Young more and more I
she was asked If she had gone by any
other name, and she Indignantly re- /
plied that she had not. The attorney /
then asked her if she had not told Po- /
Eceman Jack Brown that her name |
was Shepherd when he arrested her /
two years ago on the charge of selling !
liquor without a license. Impetuoso /
furioso reigned, and was rained from !
the witness stand, and neither court /
nor attorneys could stop it. Finally I