The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-08-24
WIN. NJ WHIRTER
TO GET MONEY
Supreme Court Echo of Fa-
nous Bunko Game of Sep
TENDER, 1905.
LOWER COURT SUSTAINED
OPINION REPLIES TO CLAIM SET
UP BY JIM DONALDSON.

90 far as supreme court order can
aid them, the McWhirter brothers viii
receive S1,353. SO more of the $4,000 of
which they We're fleeced by Jim Donald
son and others in the now famous
bunko gambling game IN the Antler
Ioonlng house on September 10, 1906.
The supreme court handed down an
opinion yesterday, WtJUen by Justice
W. M. McCarty and cOncurred in by
Chief Justice d. n. Straup and Justice
J. z. Frick. affirming the judgment of
Judge NJ. L. Richie in the Third dis
trict court, awarding William Nc
Whittier the 81 1858. 80.
This money is now represented by a
bond. held by the district court, signed
by Bruce Johnson and Samuel A King.
King was attorney for Jim" Donald
son. Bruce Johnson is now in Los An
geles. The 81, 1853. 80 represents the
money found on Jim" Donaldson when
he was arrested at Hot Springs, Ark,
by former Deputy Sheriff Joseph c.
Sharp soon after the bunko game. G.
Frank Emery was then sheriff, and at
tached this money as soon as his chief
deputy arrived in Salt Lake with DON
aldson. Donaldson was sent to the
penitentiary after convection on the
charge of robbery in connection with
the bunkO game.
While the trial was in progress
Samuel King, Donaldson's attorney,
drew down the cash and filed a bond
FOR the money, with himself and John
son as surety. This was accepted by
the court. Before Donaldson ~ras con-
Victed William McWhirter began a
civil action for this money, which he
claimed he had loaned to his brother,
Alexander. 1t was lost with another
70 - 81 h.
which Donaldson was part stole
nearly $4,000 more from the two Scots.
Samuel King and Mark p. Braffet,
law partners. acted as attorneys for the
opposing factions early in the game
King for Donaldson 5tnC Braffet for
the McWhirters. When judgment was
granted by Judge NJ. L. Richie Donald
sons claim was that his attorney had
an understanding with the attorney for
the McWhirJerS, meaning Braffet, that
no default should be entered. James
Ingebretsen had been engaged by the
McWhirteTs, disappearing of the tao
tics of Braffet. and the default was,
therefore. entered. Donaldson tried to
have this set aside and the case re
opened. but Judge Richie refused to
take this action. The case was then
appealed to the supreme court.
Donaldson tried to show in the su-
pTeTne court that he should have had
more time, owing to the agreement be
tween the attorneys. The court held
that Braffet, having gone on the bond
OF the McWhirters in attaching the
money held by Sheriff Emery, could
not act as his attorney and, therefore,
the agreement was void.
The claim was set up by Donaldson
that he had won the money fairly in
d game of cards and, therefore, asked
that the money be not turned over to
The Scots. In reply to this, Justice Nc
Carly says.
TT viii be thus observed that ap-
pellant seeks to invoke the equitable
powers Of the court to enable him to
retain the ill-gOtten gains which he ne
fariously acquired by an open and
fragrant violation of the penal statutes
of this state. He does not come into
court with clean hands. In such case
equity gives no relief, but leaves the
party where ii finds him"
As a result of the supreme court de-
cisiOn, it is probable Hu effort will be
made to collect on the note signed by
Attorney King and Bruce Johnson.