The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-25
BROTHERS
WILL GET THEIR MONEY

Salt Lake City, Aug 24-So far as
a supreme court order can aid them.
the McWhirter brothers Will receive
S1,3533S more OF the $4,000 of which
they were heeced by Jim Donaldson
and other In the now famous bunko
gambling game in the Antler Tooming
house on September l9. 1906. The SIT
The supreme court handed down an
opinion yesterday, written by Justice
w. NJ McCarty and concurred in by
Chief Justice D. y. Straup and Justice
J. +, FricR affirming the judgment OF
Judge NJ l.. Richie in the Third dis
tcict court, awarding William McWhir-
ter the S1,353.33.
This money Is now represented by
bond held by the district court.
signed by Bruce Johnson and Samuel
A. King. King was attorney for
"Jim" Donaldson Bruce Johnson is
now in Los Angeles. The 81 ,3j3 SO
represents the money found on Jim
Donaldson when he was arrested at
Hot Springs, Ark. by Former Deputy
Sheriff Joseph c. Sharp soon after tho
bunko game. C. Frank Emery was
then sheriff, and attached this money
as soon as his chief deputy arrived
son was sent to the penitentiary after
conviction 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 fled a bond
for the money. with himself and John
son as surety This was accepted by
the court Before Donaldson was 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
$1,000 to Donaldson and the gang OF
which Donaldson was a part stole
nearly $4,000 more from the two
Scots.
Samuel King and Mark P. Brafiet
law partners. acted as attorneys for
the opposing factions early in the
game-King for Donaldson and Braf-
fet for the McWhlrters- When judg
ment was granted by Judge NJ. L.
Ritchle, DonaldsonS claim was that
his attorney had an understanding
with the attorney for the McWhirters
meaning BrafTet-that no default
should be entered. James Ingebretsen
had been engaged by the McWhirters,
disapproving OF the tactics of Braffet,
and the default was, therefore, en-
tered Donaldson tried to have this
set aside and the case reopened. but
Judge RitchIe refused to take this ac-
tlon. The case was then appealed to
the supreme court
Donaldson tried TO show In the SUI
preme 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
n game OF cards and therefore asked
that the money be not turned over to
the Scots. In reply to this. Justice
McCarty says:
1T will 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
nefariously acquired by an open and
ilagrant violation OF the penal stat,
utes of this state. He does not come
into court with clean hands. In such
case equity gives no relief, but leaves
the party where IL finds him"
AS result of the supreme court
decision it Is probable an effort will
be made to collect on the note signed
by Attorney King and Bruce johnson.