The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-01-07
jim DONALDSON MUST
SERVE HIS SENTENCE

The decision will be retained by
the Supreme court for the 20 days re
quired in which Donaldson may re-
quest rehearing before the supreme
court If Donaldson asks a rehearing
and 1t is denied, the decision will i'm
mediately be referred to the district
court and the bunco man will be sum-
moned for commitment to the peni-
tentiary.
Donaldson was in Salt Lake yester-
day and so far as could be ascertained,
no steps had been taken by his bonds
men to surrender him. His attorney,
Samuel A. King, is In Nevada. Don
aldson's sentence of ten years may
be cut to five years and ten months
by good behaviour.
In the opinion, the Supreme court
justices take a decided slap at Donald
sons attorneys, Samuel A. King and
S. r. Thurman, in submitting so many
assignments of error. In the appeal
to the Supreme court there were ITO
errors noted by the attorney. many
of which, the Supreme court shows,
were introduced without the. consti
tutional requirement of reason. The
chief assignments were that there was
not sufficient evidence on which TO
base a conviction for grand larceny;
that it was insufficient to establish
a conspiracy, and that much evidence
prejudicial to the defendant, was In
troduced during the trial, which did
not give Donaldson a fair and Impair
tial trial. The opinion is lengthy
one.
History Of Robbery.
The history OF the McWhirter rob
berry is one of the most interesting
Ia the criminal annals of Salt Lake. 1t
was on the afternoon OF September
iG, 1906, that Larry O'Brien met Alex
and William McWhirter, two Scots,
Just fresh from the land of the thistle.
on their way to Los Angeles, and.
learning that they had money. piloted
them to the Antler rooming house. II
was here that gang of five men-Lar-
~ and Jack O'Brien, w. II. Parent
w. w. Bell and James Donaldson
took their quarry though there was
some evidence introduced during the
trial to show that Donaldson had not
often been In this place.
At any rate, the Scotchmen we're
taken to the Antler rooming house.
where they were robbed OF S10,373,
Of which Donaldson took S2.050 in
what purported to be a real game OF
stud poker The rest Of the money
was taken away at the point of
gun.
Former Chief of Police Geo. Sheets,
now chief OF detectives. was brought
into the case on the charge of con-
spiracy and receiving a bribe, but
was released on an insuthciency OF
evidence.
All the men departed after the Nc
Whirters carried the matter to the
county officials Donaldson was lat
er captured at Hot Springs. Ark; Bell
at Kansas City, and Parent In Port
land. The OBriens were never heard
from again, nor could any trace be
found of them.
1t was charged that Bell gave
Chief Sheets $4,000 as his part OF
the loot to keep his hands off the
gang and to keep news of the rob-
tcry under cover. and Bell swore 10
this on the stand. The Sheets case
also came up before Judge Armstrong,
hut there was not quite enough evil
| 6ence on which to bring conviction.
| Donaldson has not been In jail more
| than a few nights since sentence was
passed upon him last June, but has
been walking the streets under bond
| of $4,000.