The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-07-06
DONALDSON CASE
TO JURY TODAY
Attorney General Breeder
Opens Argument for State
in Famous Trial.
MANY WITNESSES GIVE
HIM GOOD CHARACTER
Declare That He Has Always
Borne Reputation of al
Honest Gambler

james M DOndluSoD case VIII %
submitted to the jury today. The TAX
ing of evidence was concluded Friday
afternoon, and Attorney-Geueral NJ. y.
Breeder commenced the opening argu
mcnt for the State. He will be fol-
lowed today by Attorney s. A. King
for the defense and District Attorney
Fred C. Loofbourow will close up for
the State. By tonight, in all proba"
bility. Donaldson will know his fate.
Fridays proceedings were devoted
TO the closing of the cross-examination
of Donaldson himself, to the putting in
of testimony tending TO show his good
character, and to the further cross-
examination of Mrs. Sallie F.. Young,
the proprietress Of the Antler room
ing house. where the alleged bunho
trick was turned. Mrs. Young and Dis
trict Attorney Loofbourow had an
other tilt, which was the only enliven-
ing feature of the day.
Donaldson on Stand Again.
The trial opened Friday morning
with Donaldson still on the witness
sumed by Mr.. Loofbourow- In an
swer to who had Informed him. just
prior to his leaving for Hot Springs,
Ark, that the McWhirtcrs were back
in town, he said be had received the
information from several people, but
the o 'Briens, he said, were not among
them. Frank Welsohns. he said, was
one person who had told him.
Donaldson identified photographs OF
himself and Of the O 'Briens. He adj
mitted that when Alexander McWhir-
ter started trouble in the room when
he lost his money, he (Donaldson) was
the first TO suggest that a policeman
be brought. but he explained that he
requested one of the McWhirters-not
Larry O'Brien-to call the policeman.
Donaldson admitted that his mem.
ory was poor. aud said ii was due 10
various troubles that he had been in
Mr. Loofbourow asked him if his ''hab-i
it's bad not caused his memory TO,
suffer. but Judge Armstrong sustained
an objection to this question.
On redirect examination Donaldson
explained that when arrested by Deputy,
Sheriff Sharp at Hot Springs he came
back to Utah willingly without extra
litlon papers. He had told Sharp that,
If the latter had merely sent him
telegram asking HIM to return to Salt
Lake, lie would have done so. Donald
son said he had never denied nor con-
cealed the fact that he had won money
in the poker game in question
Says Game Was Fair p.
With great earneatpess Donaldson
asserted that he had won the money
fairly.
II never put my hanA in man s
pocket in my life he declared
Over Mr.. Loofbourow' objection
Donaldson was allowed to explain his
reasons for giving back $1,000 TO the
McWhirters. .,
''John O'Brieu was running the
game said Donaldson. of he was
10 be arrested. I would have been ar
rested, too He advised me that the
easiest way out of it was to give them
$1,000 back; and | took his advice,
Had you any intimation that SS313
or any other sum had been taken from
the McWhirters when you gave back
that SCOOP asked Mr.. King.
''No. sir, | had not replied tho
witness.
Donaldson denied the story told by
Mrs. Peterson that he had once called
on the O Briens when they had a room
Mt her house He admitted that he had
called at Mrs. Levy's house once while
they were living there. He called. how
ever, to see another man, and, not hud .
o 'Brieus' apartments for q few mo.
ments, merely as matter of socia
bihty,
Mulvey's Name Again
Donaldson told the jury that he had
never operated any gambling house or
games in connection with Councilman
Martin f. Mulvey. He had reported
to Mr.. Mulvey at times that he thought
gambling and "graftIng was going
on in Salt Lake, and, in fact, had re-
ported to him that the O,Briens had
Cd r.olxpr Mr. MnlypU had
expressed disbelief of this statement,
and had advised Donaldson to 90 down
to The Antler and see if they were run
ming such "joint,
The defendant said that he had
erred inadvertently Wednesday in his
testimony when he, said that he had
been in Mr.. Mulvey's employ What
he had meant was that he had made
reports to Mr Mulvev. He was asked
to explain Mr. Mulvey's position on
the question of open or closed gam
bling, but the court sustained an OBJ
lection to this question.
Mrs. Young Recalled.
Mrs Sallc r. Young, proprietress of
the Autler house, who swore a few
days ago that she had never seen Don
aldson in her life until she saw him in
the county jail, was recalled by Mr.,
Loofbourow for further cross-examina-
ton She denied that her register for
September, l906, was lost, and denied
Indignantly having told Mr.. Loofbou
row and Deputy Sheriff Sharp that it
was lost when they visited her place a
few days ago, after she left the stand
the first time.
s'1 IN not going to lie for YOU or any
other man." she snapped at Mr.. Loot
bourow.
She was asked If she had not given
Attorney Mark Braffet, representing
the McWhirters. description of the
man who rented the room for her-a