Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-02
fraudulency Of the game has not beer
laid before tho court"
ON o'BRrEN's SHOULDERS.

ON o'BRrEN's SHOULDERS.
The lawyer COR the defense went
ON for some time to show that the
O'Briens did all the talking
Did not MoWhirter say on the
stand that he saw nothing wrong In
the gane--that he noticed no suB-
picious actions on the part OF those
in the room. and especially not on the
part OF the defendant?
Was there anything wrong In the
defendant announcing he had won
and drawing the money and chips
What II no didn't show his hand? 1t
was there for anyone TO turn over and
examine
Because a man takes part in a
card gamc there is no right TO adj
Judge him guilty Of fraud. Under the
law governing larceny fraud must be
shown absolutely. There must be
evidence TO show that the Victim OF
fraud charged was misled completely
by the person charged with fraud Nc
Whittier said, Il think ! have been
cheated That was all. Did not the
state show that Bell examined the
hands on the table and saw that Dom
ldson's cards were the best2''
ASKS FOR DISMISSAL.
Continuing, Atty. King went over
the testimony Of the various witnesses
LUZ tItt SbtlG ana by smooth argument
spoke for the dismissal of his client.
The testimony of the states witt
nesses shows conclusively that Mr.. Dom
aldson took no part In getting Alex
ander McWhirter into the game. He
made no representations. offered no
invitation and in no way induced the
stranger to enter the game. 1t was
Larry O'Brien who said. "lf the doc
tor does not mind ! would like TO have
my friend. Mr.. McWhirter take
hand The conversation was all be-
tween Larry and John O'Brien and
Mcwhirter himself. Donaldson merely
acknowledged the Introduction: he did
ICipate,'
IDENTIFY McWHIRTERS AND
BELL.
Alexander McWhirter and w. w.
Bell were used as exhibits during the
afternoon session yesterday and We're
brought before several Witnesses for
the state and identified as the men seen
together ON the afternoon Of the robbie
ry during their roundabout trip TO the
police station. Other witnesses for the
state told of seeing the men on that
memorable occasion while Bel was
trying 10 get away from McWhirter
and to avoid going to the police station.
William j. Casey, of the Salt Lake Turf
Exchange testified that he changed
81 900 bill for Donaldson about year
ago, but would not Axe the date def
nitely
SAW DONALDSON IN DENVER.
w. f. Rodegkeit, a waiter in the VII
emma cafe, told of seeing Donaldson
in the restaurant between and
o'clock In the morning after the rob
berry. Donaldson had $1,000 bill
which he told witness he had won.
He also told him that he had been out
to his sisters celebrating. witness
saw Donaldson in Denver about 10
days after the robbery and had tax
with him, hut. owing to objections by
the attorney for the defense, he was
not allowed to tell what the conversa-
ton was.
CARDWELL TEsTIFIEs.
w. j. Cardwen clerk in cigar store
at % west Second South. testified that
Alexander McWhirter and man he
thought was Bell were in his store on
Sept. 10. the date of the robbery, ana
that Bell bought cigar. lie said that
McWhirter asked him question, but
Atty. King objected to the witness
stating what the question was. and the
court sustained the objection. Alex
ander McWhirter and Bell were
brought into the court room ana the
witness identified them as the men
who were In his store on the afternoon
OF the robbery.
SCENE IN DRUG STORE.
Fred Anstee. clerk In the Sun drug
store testified that McWhirter and
Bell came rushing into the store ana
the latter asked TO use the telephone.
He did use it and called up No. 20 anu
asked for Chief OF Police Sheets ne
then asked for Detective Raleigh. NC
Il Nan ngHlg.
was an officer and said that he mad
$4,000 OF his money. McWhirter and
Bell were again brought into the room
and identified by the witness as the
men who were in the store on that oc-
Casion.
CAME TO HER HOUSE.
Matte Ventress, who lives in a room
ing house at 1874 south Second West
street told of Donaldson and Bell COM
ing 10 her house the latter part of
September ana asking to use the tele-
phone. She identified Bell and Donald
son as the men who called at her
place. She said that she had not seen
either OF them since last September un-
III few days ago when she was intro
duced 10 Bell by Deputy Sheriff Sperry
and saw Donaldson in the courtroom.
ALEX. RECALLED.
Alexander McWhlrter was recalled
by the state and retoid the story of
the robbery. of the trip to the police
station with Bell, OF meeting Chief
Shoes, of Bell getting part OF the
money back and then taking him to the
train 10 leave for California. The
attorney for the defense moved 10
strike out all OF McWhlrter's tasti-
mony as being In no way connected
with the defendant, but the motion
was denied.
WILLIAM RETELk.S STORY.
William MoWhirter was also recalled
and ret0ld his story Of the trip 10 the
police station hunting for Bell and his
brother. Mr.. King also attempted 10
have his testimony stricken out, but
WASH unsuccessful M that.
"JIM's" SISTER TEsTIFIEs.
Mrs. Mary King, sister OF Donaldson,
testified about Jim and three men COM
Ing to her house for dinner on the eVe-
ming of Sept. 10, and that another man
came later sho did not know who they
were and has meyer seen them since
She said that Donaldson brought the
90 IF.t "A