The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-08
NJ WH|RTERS ARE
IN ODD TANGLE
Sam King Will Contest Judg-
ment by Default in Civil
Proceedings.
CASE is BADLY INVOLVED
CHANGES IN PERSONNEL OF
COUNSEL ARE CONFUSING.

Attorney Samuel A. King, attorney for
James Donaldson in both his criminal and
civil cases. announced yesterday that he
would petition the district court to set
aside the Judgment entered in favor of
the McWhirter brothers for some 1880.
The judgment was entered by default be-
cause of the fact that no answer had
been filed by Donaldson's attorneys Mr.
King says that the reason the answer
was not filed was because there was YER
bal stipulation with the attorneys for the
plaintiff that the time for filing the an
swer should be extended in order to give
the plaintiff time TO amend the complaint.
The present status of the McWhirter
brothers with reference to the famous
poker game and hold-up, in which they
lost $4,000 is somewhat peculiar Since
the loss of the original $1,000 the two
Seotchmen have received nothing from
the profits of the bunco men save the
original $1,000 which was returned to them.
Their expenses, including the attorney S
fees paid out in an effort to recover a
portion of the amount lost have been
considerable.
The legal complications are now so in
volved that the suckers from Scotland
as the Americans dubbed them, are
somewhat puzzled to know just where
a judgment for approximately $1,000
against Donaldson, but did not get the
money, and in the opinion of Alexander
they will never get it, since the money
which was attached by the McWhirters
has been drawn down by the attorneys for
Donaldson through an order of the court.
In place of the money drawn down per-
sonal bond of the attorneys for Donaldson
was filed, but Alexander doesn't like that
as well as the cash.
Mix-up of Attorneys.
Shortly after the return of the McWhir-
tiers from Los Angeles last fall they re-
tanned Mark P. Braffet as their attorney.
that Mr. Braffet go on the bond of the
McWhirters a surety for the amount
attached. 1t then became necessary to
have an attorney of record. Mr.. Braffet
asked Judge w. H. King to use the firm
name of King, Burton & King Judge
King was advised little later however,
that his brother, Samuel A. King, had
been retained by Donaldson and informed
Mr.. Braffet that the firms name could
not be used for the McWhir1Rr side At
torney Samue! Russell, who has his office
with Attorneys King, Burton K King, was
then secured to be the attorney of record
for the McWhirters.
When the Donaldson case came up At
torney Samuel King became one of DON
aldson's sureties and Attorney Samuel r.
Thurman became attorney of record for
Donaldson. Later he participated in the
court procedure. Upon his motion the
81 $50 attached by the McWhirters from
Donaldson was drawn down by the de-
Tense and the personal bond of the attor-
neys filed in its stead.
Some time after that Mr.. Braffet with
drew from the case on account of press
of other business. AT the time of his
withdrawal there is said to have been
some dispute over the settlement with the
McWhirters of his bill for legal services
Prior to Braffets withdrawal from the
case, asserts Samuel A. King, at Mr.
Braffet's suggestion, it was agreed that
the time for filing an answer in the civil
case should be continued in order to give
Mr.. Braffet time to amend the complaint
In the meantime Mr. Russell had taker
charge of the case, but a little later he
too, withdrew.
For a short while the McWhirters had
no attorney Alexander McWhirter told
Mr.. King that James Ingebretsen ha6
been secured by him, but at that time Mr.
Ingebretsen denied this assertion. The at
torney for the defense says that the mex
he knew was that a judgment by default
had been secured, with Mr.. Ingebretsen as
attorney for the McWhirters.
Mr.. King now proposes to have this
judgment set aside.