Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-02-20

leaned forward and smiled into the at
torney's face.
When it was attempted to have the
witness say he has talked with Sergt.
Hempel, he exclaimed, II do not speak
to Sergeant Hempel."
"Why?" asked the attorney. who,
continuing, attempted to bring in q.
later episode in which William fig-
ured. Mr.. McWhirter said he does not
think Hempel treated him and his
brother fairly and for that reason has
no; respect for the big officer. County
Attorney Hanson objected to the line
of questioning being pursued by the
defense, and the court spoke to Atty.
Wedgwood: Il believe you have gone
far enough"
when Sheets and Raleigh were
whispering. did they put their faces
together?"
do you mean in an endearing way?"
asked the witness. A laugh followed.
other paragraph from the transcript
taken before Judge Whitaker in
March McWhirter asserted that it
wasn't correct.
Then you mean TO say the stem
ographer misquoted you?"
Il do, for that is not correct"
The paragraph had to do with the
visit insthe chiefs Office and the words
used by the different persons present.
When pressed to answer with yes"
or mo- along questions Mr.. McWhir-
ter said he could not. When the attor-
ney insisted Mr.. McWhirter retorted:
You will have to do better. You have
an impeachment OF speech which
can't understand; you have thick
way of talking" Later he said with a
smile, And l am dense, you know"
STIFF CROSS EXAMINATION.
The witness was under cross-exami-
nation for an hour during which time
he built up his testimony In answer
ing questions intended to weaken 1t.
County Attorney Hanson had charge of
the redirect examination. This lasted
but u few minutes and gained admits
sion of considerable evidence taken
before Justice Bishop for the prosecu-
ton.
Attorney wedgwood in re-cross read
from the Whitaker transcript TO get
the witnesses final word upon the this
point: as to whether Sheets suggested
to Raleigh, to take the boys out and
see what he could do for them, or
whether Raleigh made the suggestion.
III the case now In progress McWhlr-
ter said Raleigh made the suggestion.
He stood on this, saying he jumped to
the conclusion that Raleigh would not
act without orders from the chief. Tho
witness was excused with the UNDER
standing he may be recalled.
CASE SHAPES ITSELF.
Three important witnesses have tes-
tlfed In detail as to the poker game and
events. The evidence has
been corroborative and has withstood
the most persistent efforts to break or
weaken.
Alexander McWhirter told how he
and his brother were entioed into room
4 OF the Antler hotel and gradually led
into a game of "hokey pokey" In which
Alexander McWhirter lost $1,000 TO
DIR" Jim Donaldson. This was fol-
lowed by the arrival OF Parent and
Bell Parent posing as policeman.
took 5000 away from the elder Nc
Whlrter. giving a receipt signed, "a.
and saying the money
could be obtained in the police station.
Later the scene was the chiefs Of
flee in the station where Bell, the two
and George Sheets had a
This was the substance OF the story
told by Alexander McWhirter Tuesday
and repeated during cross-examination
yesterday morning.
DoNALpsoN's STORY.
cdr" Jim Donaldson. under sentence
OF 10 years for completely In the Nc
Whirter robbery was the second wit
ness for the state yesterday, Donald
son seeks 70 protect himself as far az
so processes to know nothing
Of the hold-up after the poker game
and claims he won the $1,000 In what
he believed an honest game. He told
Of frequent conversations with George
sheets In which the cut Of the haul
was discussed. So far as legal knowl-
edge Is concerned, the doctor could
not say that he had ever seen any
money paid sheets. nor knew anything
nf anyone giving the chief money,
WAS STATES DAY.
William Mcwhirter, the younger OF
The two Scotchmen, was a third Wit
ness and he corroborated his brothers
testimony In toto.
Yesterday was the states day, Dom
aldson was placed under cross-exam-
nation but Was excused shortly. The
attorneys for the defense Wanted an
,yening to 60 over TRANSCRIPTS OF his
testimony IN previous trials and Don-
idson may follow William McWhirter.