The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-28

that his feeling was that all was no'
right with the crowd he was IN. aitei
beino asked If his brother had made .
movement to phil gun III inc roofn
and denying that he had noticed any
such movement, the witness was ex-
cnsed for two hours while the court
,ook an adjournment for luncheon.
Tangled About the Money.
Az the afternoon session "Wullic
got badly tangled mp as TO the owner
shin of the money which his brother
was parted from in the room. He at
first swore that he had an interest IN
IL. This point is vital TO the State, be-
cause its information charges that the
$4,000 and more was the Joint prop
erty OF the two brothers. and proof to
the contrary will be n fatal variance
"You knew that day that under no
circumstances would you be loser in
the event your brother lost money in
that game, didn't you?,' asked Mr..
King.
no. sir, l would be- insisted the
witness
Mr.. King then read TO the witness
his testimony at the preliminary eX-
animation, where he swore that he
would not be loser The witness
they owned the money jointly, his
brother would reimburse him Tor any
, such thing as a gambling loss.
/ But | wouldu' { have taken it, as
serted 'Wullie' agnanimously.
"Hcd give it back TO me tomorrow if
he had it. but not because he is bound
TO pay it,
The witness also got badly confused
on the question OF Parent s threat TO
shoot when he came into the room. He
said that Parent said: "If any
body tries 20 leave this room there III
be some Shooting MIR. King asked
him if he had not testified at tho last
examination Of Chief of Police Sheets
that Parent had said: " Now come
out; there II be some shooting if You
don't hand out that money! The
witness was not sure, and backed and
filled considerably upon this point In
terrogated further about the card game,
the witness did not know whether
the cards were turned faco upward
or downward in tho game played before
his brother joined in; but he was sure
that they were turned face downward
and turned up one at time in the
game to which his brother was party
The Game of "Hoky-PoSy."
" You know how that game is played.
.h'h Nuu HutTlt0 MI. King.
The game of 'hoky.poky?' " de-
.Zal .@ed ...r w'tness.
fam.
"'What do you mean by flim-Aam'
Have YOU been flim-faming anybody7''
g II means do everybody - res
Pondcd the witness with the air of an
expert
. q
is common tud-poker?' demanded Mr.
King.
'|Nc, ! don t. "
Don. { yon know that stud poker is
commonly called 'hoky-poky' in many
places, particularly in the State of Cali
fornia 20
mo, sir: do not -
An automatic gun, such as his brother
is supposed to have taken To the room
with him, was exhibited to the witness,
hut while he admitted that it looked
like his. brothers. gun. he was unable
10 identity II as being of similar make. |
That Gun-Play Incident
Are you familiar with frearms?'
asked Mr.. King.
"No. sir
lyon have carried firearms in Salt
Lake City, haven { you7'
yes, ] carried pistol for awhile"
You were arrested for going on Com
merclal street with a gun and creating
a disturbance, and vou were taken TO
the police station, weren Z you?'
District Attorney Loofbourow OBJ /
jected TO this question on the ground |
that II was immaterial and that il was
asked in order TO degrade the witness.
Mr.. King insisted that it was pertinent !
to show the character and credibility |
Of the witness, but Judge Armstrong
sustained the objection. After a few |
more unimportant questions, Mr.. King |
released the witness. and Mr.. Loofbour. |
ow asked him d few questions on re-
direct examination. In answer to these
questions he declared that while
0 'Brien and Donaldson had bet chips
IN the game, they had never bet any
money.
In Donaldson's Favor
Cross. examined again by Mr. King, (
the witness admitted that Donaldson
had never displayed revolver in the |
room, nor had he ever made any threats |
lie declared that Donaldson from the |
Time he (the witness) entered the room
until he left it had not committed any
act which he regarded as improper save
ne alleged snatching of the S2050 from
the pot. The effect intended bv this
testimony was TO show that Donaldson
was not q party TO the subsequent rob
berry of "Sandy' McWhirter of .ss373
by Parent, McWhirter was then ex,
rused from the stand
W. II. Parent was then called The
areh-crook and informer declared he
was p years old In answer TO a mles.
ton he said that he Lad never seen
Donaldson until he entered the room
That day IN the character of police.
man He was not allowed TO tell OF