The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-06

be sustained, and the evidence NAV 20
out.
Witness continuing said that some
time in September he went with New
ton to saloon on Second South. on
the north side of the street, and had
checks cashed. The book was placed
IN evidence in which they permitted
the smoker to draw draft or exchange.
He explained their method, which was
to have the victim make out a check
Then they switched the book on him
and tore out blank check. which was
placed in the pot. At the end of the
game the blank check was taken from
the pot and torn up. as a kind of com
promise with their victim, while thew
stlll had his valid check in the book
When he went with Newton, to the
saloon 1T was to redeem one Of these
checks or drafts for 500. which had
been cashed by the ssloonkeeper, but
returned by the bank.
Where Was the 'Phone7
Cross-examined by Judge Thurman,
witness said the book was made TO
deceive men, Referring TO the tcle-
phone conversation Bell had with the
chief from the drug store on the corner
of State and First South streets before
the $3.50 was paid to him, he asserted
positively that the phone which Bell
used stood on the showcase in the store
He had no doubt that the phone was
on the showcase, but could not tell how
far it was from the front door. He
said he had no judgment as to distances
and would not answer the question.
Q.-Because You know there is
way to check you as to whether YOU
saw that, YOU are not willing to com
NIT yourselfl A-Unless | am certain
in my own mind that I am right, / am
not going TO commit myself.
II is understood that the defense Will
prove that the telephone in the drug
store is IN the rear behind a partition
dividing the front portion of the store
from the rear, and that the witness
could not have heard the alleged con-
versation.
Questioned with regard to the second
financial transaction with the chief, ne
swore that Bell and Sheets were stand
ing AT the showcase in The little store
on State street He had stopped near
the store when going from the court
house, and pointed it out to Deputy
Sheriff Sharp, and he had no desire
to change his testimony
Grace King, niece of Jim Donald
son, was the next witness called. She
told about Donaldson and the bunch
being at her mothers place at New
England addition. She testified that IL
was the night Of September 20, The
McWhirter robbery was on September
10, She identified photographs of Lar
ry and John o 'Brien.
Did Not Get the Chief.
Fred Anstee, proprietor of the Sun
drug store, corner of Market and
West Temple streets, was next sworn.
He remembered McWhirter and
short, stout fellow coming into his
Gfi 81
low called up No. rs on the phone, but
did not get any one on the phone Nc
Whlrter asked il he was an officer and
witness replied that he did not know.
The number of Chief Sheets s private
phone is -.
May Davis, the next witness. stated
she lives in Salt Lake and is helping
10 keep house at 69t2 West First
South She knew the O Briens. and
was with them at 264 South West
Temple street. She understood their
business was gambling. Subsequently
they moved TO 1851 South Temple.
She went with Mrs, John o 'Brien to
the police station and saw Chief Sheets
At the door. They went there in re-
sponse to n call. Mrs O 'Brien went
into the police station. This was after
the . 'Briens left town.
Attorney Christensen moved 10
strlRe out Ihe testimony. as II was
after the consummation Of the CON
spiracy and was not material.
The court granted the notion
Prosecution Falls Down.
C. S. Swain, saloonkeeper, was the
next witness. He testified that he runs
Il saloon at l6s w. So. Temple. Newton
and Parent came to his saloon some
time last fall They wanted to use
one OF the wine rooms for gambling.
He told them he could not allow i,
and then they talked about buying the
house.
Q.-Was nothing said about the no
lice2 A-No; there was nothing said
about tho police They said they
could make lots of money gambling,
and he said no would sell the house
for $500
One of them returned the next dav
and said they could buy something
cheaper on another street
Porter Knew All About It.
The next witness was Thomas Bel
mont He had been porter al the New
Brunswick saloon, on West Temple,
owned by Rosario Bazzato, commonly
known as Nick Ross He began work in
July. He knew Sheets. Raleigh and
Newton Two persons were using the
wincroom for card playing. They were
running sure thing game.
Q.-What do you mean by that? A.
They would get a sucker in and skin
him-switcb tho deck on him. He had