The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-27
PLAYING POKER
IN COURT ROOM
hickey Pokey" Game, in
Which MCWhirterS Lost $10,-
600, Reproduced in Trial.
STAGE SETTING is PERFECT
ROLES OF GAMBLERS AND VIC
TINS TAKEN BY ORIGINALS.


Pokey Game" might prove an appropriate
title 10 the entertaining little drama that
was enacted before a comfortably filled
house in Judge Armstrong; court room
yesterday afternoon. Judge George G.
Armstrong occupied the box directly over
looking the stage. A stall to the left was
occupied by party of eight jurors, who
apparently enjoyed the performance.
The great poker rU0Tn scene was a tri-
umph of histrionic art The stage setting
was almost perfect. In one corner was
the poker table and on it a deck of cards
Which were dealt as they were in the IA
nous game in which the McWhirters lost
their all. The stars of the performance
were Alexander and William McWhirter.
Jim Donaldson was the dashing villain,
faultlessly attired. William Sinclair, bet
ter known as w. w. Bell, and w. II. Par
rent were villains of lesser Importance.
District Attorney Fred Doofbourow, At
torney General Breeder and Attorney Sam
King comprised the orchestra and
hummed Eliza Crossing the Ice music
at the critical points in the drama.
The Opening Scene.
When the curtain was rung up yester-
day morning Alexander McWhirter ap-
peared in his famous role, that of an I'M
sophisticated Scotchman who was fleeced
of over $4,000. In his inimitable manner
he told the audience of his life, his saw
ings, his industry, his trip to America.
and finally how on an Inflated day he
arrived in Salt Lake and in a brief space
OF time he was deprived of his all by q
gang of ruthless villains.
AT the proper cue, Parent and Bell
made their entrance in the custody OF
Deputy Sheriff Andy Smith They were
denounced by McWhirter as two of the
robbers who had taken his money After
that Attorney S. A. King doubled as a
sort or assistant villain and attempted to
make light of the tragic recital of the
Scotchman. IL was at this point that the
gamb1ng-room scenery was arranged.
Sam King as a Card Shark.
The versatile attorney for the defense
shuffled the cards in a way that drew a
suspicious glance from the ScOtchman. 1t
is even said by some enemies of the law
yer that McWhirter kept his hand on
his pOcketbOOk from that point on. The
cards We're passed to the baker and he
dealt them as he said he did on the
eVenttul nineteenth of September, one to
Donaldson, one to the vacant place left
by the absence of John OBrien, whose
health would not permit his appearance
and one to himself until five cards were
In front of each place. In vain did Mr..
KING attempt to make him deal four of
the cards face upward. The witness in
sisted that the game was hockey pokey."
not STUD poker. All the scene lacked
was stage money, to represent what was
taken from the suckers from Scotland"
After the hands had been dealt Nc
Whirter described the progress of the
game When it opened McWhirter had
$40 in chips in front of him. These had
been given him, he said by Larry O'Rrien.
Donaldson started out with bet of $50
Jack OBrien raised it to $40 and Nc
Whirter, after consultation with Larry
o Brien, pushed in the $40 worth of chips
Donaldson then bet SIS, which was
The Scotchman was nOnplussed for a
time, but. urged by his counselor. O'Brien
the lesser, gamely put in $50 in cash.
Fast and Frenzied Waaers.
The interest in the game waxed warm
Donaldson studied his hand and bet $3.50
and o Brien raised il to $3.50. The Scots
knees knocked together and he was struck
with fear and trembling. Nevertheless.
relying on the Information of Larry that
the others were bluffing, he drew a 81 600
bill from roll that nearly made the arch
ConSpiratOrs drop dead from heart failure
and placed II in the pot The betting went
on. Donaldson bumped it 500 and O'Brien
modestly raised it to H00o, TO keep the
hard-earned thousands went into the pot
WheTeupOn Donaldson. with a nonchaIant
air, announced that he had won and calm
ly gathered in the pile.
Back to the Bakery.
The rest is history. How the McWhir-
tiers screamed that they had been robbed
and how Parent and Bell rushed In and
took the remainder of the wealth of the
brothers under the guise of policemen is
known to everyone in Salt Lake.
He told of other troubles and of his en-
gaging in the bakery business in an effort
to reCOup his fortunes. and Alexander
wore a defiant air, as if daring anyone
to ask him to play cards again.
District Attorney LOOfbourOw endeav-
Ored to trace the experiences of the
brothers after they had left the room
where the game was played, but this
character of evidence was ruled out by
the court on motion of the defense be
cause it dealt with something that trans
pired outside of the presence of Donald
son.
An important feature of the proceeding
yesterday was the partially successful at
tempt on the part of the defense to show
that the ownership of the money alleged
TO have been taken by Donaldson was not
as shown in the information. The infOr-
nation on which Donaldson is being tried
alleges that the money was owned jointly
by Alexander and William McWhirJer. on
cFOss-eXaminatiOn yesterday morning
Alexander said that the money was own
ed by himself alone. Later, on redirect
he corrected himself and finally said he
was not sure. William McNVhirter how
ever, said that he owned a portion of the
money.
transcripts of all the testimony given
by the McWhirtcrs at previous hearings
were carefully gone over by Attorney
King and on cross-examination all the
discrepancies were checked up.
Well, you lost this s. ESQ which you bet
on the game, did you not?" asked Mr.
No. sir: I was robbed of it," said
Alexander. emphatically.
lou don't know, according to the rules
of the game whether or not you were fair
ly beaten. do your
No Rules to "1okey-Pokey."
There are no rules to that game sir
] know that j was ey-pOkied out OF my
money, fool that | was
Then the attorney came to the revolver
incident and asked why Alexander had
not mentioned under direct examination
the fact that he had revolver. The wit
ness replied that he had not been asked
the question. He was then asked what
sort of a revolver it was and where he Sc
cured it. 1t developed that Alexander car
ried Belgian automatic revolver, which
he bought in Liverpool just before coming
TO America He said that it was not
loaded and that he carried it merely as
a bluff.
Late in the afternoon William McWhir-
ter took the stand and in the main cor
roborated what his brother had testified
to. He was a little mixed on the bet
ting in the card game, but was finally
Strengthened out He will be cross-exam-
ined this morning.
A private safe may be rented in the
fire and burglar-proof vaults of the