The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-26
NJ WHITTIER CASE
is AIRED AGAIN
Taking of Testimony Is Begun
in the Trial of ''Dr. Jim"
: Donaldson.
BREEOEN LOSES TEMPER
scoTcHMAN REPEATS STORY OF
$4,000 ROBBERY.
BREEDEN LOSES TEMPER

Attorney General NJ A. Breeder oceu-
pied the IimeIight in the trial of Doctor
Jim Donaldson yesterday AFTERNOON. Mo
jor NJ A. Breeder appeared as special
prosecutor in the case TO assist District
Attorney Loofbourow.
With characteristic eloQuence the at
torney general made the opening stats
ment' TO the jury. 1t lasted forty-two
minutes During the course of the ora
ton the militant attorney general was
ettIed by several interruptions by Attor-
rev S a King for the defense, who took
exception to the line of argument pursued
These objections usually had the effect
of causing the attorney general 10 fOr-
get at what point he left off in his ad-
dress when he was interrupted. The re-
peated objections so 1ncenSed MI Breeusn
that toward the close of the argument he
fairly shouted:
Breeder Gets Mad.
Am l to be interfered with all the
time
improper" said Attorney King quietly
''When you put A halter around a
mans neck he usually squeals. and the
attorney general, apparently pleased with
the smile. made his voice re-echO through
the court room. Il don't wonder you
squeal sir"
Without finishing the opening plea the
attorney general took his seat the at
torney for the defense asked that the
record show an objection on his part to
what he termed the misconduct of the
attorney general.
SANDY" is Ratified.
Even Alexander McWlirter, whose
name has become a household word in
Utah. caught the spirit of the attorney
general and became somewhat flustered in
the telling of the oft-tOld tale of the
robbery in the Antier rOoming house.
The story did not differ materially from
ii
Gus other court proceedings, albeit he in
sisted ON calling a radiator refrigera-
tor to the delight of his auditors.
The morning session OF the court was
taken up with examining of taiesmen in
a vain effort TO secure the two remain
ing jurors necessary TO fill the box In
the first fifteen minutes of the after
noon. however, the two jurors were &C
cepted and sworn. They were Wallace I.
Fenton, a carpenter for the Utah Light
& Railway company and Samuel II. Cal
der. a salesman for the Clayton Music
company.
Opening Address Begun.
After the jury box had been filled
Attorney General NJ. A. Breeder began
his opening address. After outlining the
preliminary meeting of the McWhirters
and Larry 'Brien, Mr.. Breeder described
the transactions in the Antler roOming
house He told of the card game, the
alleged theft of the $3.50 by DIR. Jim
Donaldson and of the appearance of the
two men claiming TO be policemen.
"One of these men, said the attorney
general will testify in this case in be-
half of the state. He is w II. Parent.
You've PROBABLY heard of him. Mr.. Par
rent will tell YOU how the money stolen
from the Now hirterS was divided Each
If the men n the game was given share
and a certain percentage set aside Tor
others whose names I won't mention at
this time because it may not be brought
out in the evidence
Mr.. King was on his feet in an instant
with an objection to any reference to any
money being set aside for anyone unless
Sheets to Get $4,000.
VERY well. then" said Mr.. Breeder.
I'VE expect to show by the evidence that
$3.50 of this money was laid aside for
chief Sheets Sheets. however. isn't on
trial and | won't mention his name"
After several more objections and ar
Euments the attorney general gave vent
10 his indignation and then sat down.
Names of Witnesses a Secret.
When the atmosphere cleared Attorney
:. A. King moved that the state furnish
TO the defense the names of such wit
Desses as il intended calling. The wit
neSSes who testified at the preliminary
hearing are named in the information. but
Mr.. King said he wished the names of the
others. Judge Armstrong overrulcd the
motion.
The defense also moved that the state
elect on which count Donaldson was to
be tried. whether for grand larceny or for
robbery. the crimes charged by the in
formation. The court also overruled this
motion.
j. ID. H. McAIlister. deputy county sur
Neyor, was the first witness called by the
state. A chart showing a diagram of the
Antler rOoming house and the room in
which the robbery is alleged to have
taken place was introduced in evidence.
Robbery Story Again Retold.
There was a muTmuT of interest in the
room when Alexander McWhirter was
called as the next witness. The unso-
phisticated youth from Maybole. who
wept at the police station as he told the
story of the theft of his money by
gang of buncO men. has been transformed
into a neatly attired business man. He
carefully explained the location of the
objects in the room by the aid Of the
chart. then launched into the narrative.
The Scotchman went more minctely into
Donaldson's alleged connection with the
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