Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-02
Attorney for Defense Seeks for
Court lntruotions to Jury
OF Not Guilty.
HIS CLAIMS ON CARD GAME.
Contention that No Evidence Has Been
Introduced TO Show Fraud Dur
ing the Famous Deal"


trial this morning ard Attorney King
for the defense asked the court TO in
struct the jury to bring in verdict OF
not guilty. Two witnesses. w. IL. Par
rent and w. q. Casey were recalled
by the defense for cross examination
and two points brought out, Parent
said the money returned TO the Nc
Winters was a part of Donaldson's
poker winnings and Casey said Dom
aIdson told him that the $1,000 bill
Casey changed was part of win
ming made in poker game.
When the second and last witness
was excused. Attorney King opened his
argument. the court first eXcrning the
Jury, until o'clock this afternoon
Attorney King argued that nothing
has been laid before the court to show
the poker game fraudulent and that
his client took but little part in it and
no part in getting Alexander AlcWhir-
ter into it. These points were the
backbone of the argument for dismissal.
With the jury out and a dozen on so
auditors In the spectators chairs, the
courtroom seemed large and empty
An unusual quiet gave the lawyers
an excellent opportunity TO fill the
room with voice and argument
KING JUGGLEs BOOKS.
Attorney King quoted profusely FROM
authorities one entire side OF the table
was covered with imposing rows of en-
cyclopedias OF law, etc. Attorney klng
handled these much as bell ringer
performing at his instruments. first at
this one and then at another The law
yer's skill in grabbing the right nook
with one hand while gesticulating win
the other was more interesting to some
auditors than his debating ability.
The defendant himself sat twirling
his thumbs, gazing out through the
windows into the hot world outside.
Attorney King and the newspaper men
about the press table showed what
animation could be noticed in the
room. An old man in one corner or
the room strove In vain TO sit erect.
but fatigue conquered and the gray
head finally bobbed it's last bob and
then, laid over on one shoulder w men
Attorney King would make sudden;
loud declaration, the gray head WOULD
leave the shoulder-just for a secohu
cnIy returning to enjoy a series of
forty winks" and biissful escape
from argument.
ARGUMENT OF DEFENSE.
Tho defense will argue that the taxi
ine of the entire $4,000 was one trans
action. This announcement was made
IN answeer to a question from the de-
fsnse evidently it will be argued
that the poker game, itself. was but
one portion OF the program mapped out
to entrap the SCotchmen.
The state will argue that Donaldson
PLAYED an actively passive part
throughout a.
When the forenoon session was de-
cIared in recess until ? o'clock Attorney
KJne vas still talking He is not near
the end of mis- address yet, 10 all evil
dences, and as the prosecution mas an
extended answer 10 make. the long
looked for decision is mot yet, nor
soon"
PARENT RECALLED.
w. II. Parent was recalled 10 the
stand this morning for croSs-eNamina-
ton by Atty. King. II was brought
out that the 81 900 returned to the
McWhirters was part Of the money,
Donaldson got from them Al least
Parent said he was so told by Bell,
w. S. Casey was also recalled for
cross-examination by Atty King
Casey was asked IL Donaldson didn't
tell him that the $1,000 bill Casey
changed for he defendant was a part
of winnings In a poker game, Casey
explained that Donaldson told him lie
had come by the $1,000 bill in a
poker game. but the witness did not
know the defendant had one The
state announced ii would rest upon
the evidence submitted.
GRAND LARCENY CHARGE.
Attorney King Immediately asked the
prosecutor to elect upon which charge IL
desires verdict rendered against the
defendant. The court asked the state
to do SO and after a seconds whispered
conference with Major Breeder. District
Attorney Loofbourow then announced
that the FIRST crime charged, that OF
grand larceny would be pressed, Atty.
King then began an argument, touching
upon the principal points of the case.
The jury WAS excused before this ar
gument opened.
I'VE VIII contend that the taking %
the S. 1000 was not from the person OF
Mr. McWhlrter nor the taking OF the
IS, SS3 either" began the attorney,
SHOULD this not be granted, however
we contend that the defendant IL in
no wise responsible. II has been
proved that any money obtained from
the McWhiriers by Donaldson was won
In poker game There has been moth
Ing to show the game was a fraud or
the winning crooked. A mere suspicion
l. Il. "a.