OCR Text |
Show MM PUTS I If OK RACK 'm He Visited Poker Room "Instigation of t'onneil-J t'onneil-J man Mulvev. 'COMES CONFUSED K (ROSS-EXAMIN ATION ''4 Some Conflicting State- But in the Main B Sticks to Story. r'jL v. Donaldson held the center Em in hi? own trial all day His cross-examination hy Attorney Fred ' Loofhourow 5Jj tv entire afternoon, and was jHndfd when court took a recess fourth of .Fnly- Under a heavy Hrbv thr District Attorney, Don Kefinr5 confused several times, tavcral conflicting and evas-tKemcnts. evas-tKemcnts. He showed great re-powers, re-powers, however, and as a cX.;,i from the a Macks of (he Attorn Iwvrl; tS -f Donaldson's answer on Ifaination were not calculated to ITfgV.iral'l" j.r.-..cj,-n ,))) r,,f the maiu he stuck to his jflTli S't'T'i-' Kins, out-X out-X in his opening s1 I men I to bEr Wfilnesd;. v afternoon. The JtrtanT new fai t d- eloped was MK2: bv the defendant that for 'fcl'hs prc'-edini: the undoing of Br- - brothers he had, at the- ' Ks of Conneilrri'" n Martin V. ! Ed k-'p::g ' a ! -n gambling Utirg" in Salt Lake, with a i jBEopping it This b e?h as fnwin reasons why he entered Hp roomir.f. house on the day the j -Xry - Mulvev rind himself, the iBjcdared. lia'I been at mils with 'PoIkc Sheet :'..r vmi months Sjthe McWJiirter incident. FIc pFthat this enmity grew 'r" Hf that the Phief would not. con-tollerting con-tollerting of a regular rcve-jefc rcve-jefc gambling Because of this PBc of opinion with the 'hief, HI declared, lie and Mulvev j JBk step gambling of pvery sort wtifv. Mr. Loofhourow sarcas- ied Donaldson if, when he was , iflndcr tfolvey, be was a part of jBftdministr.it Kin. hut Donaldson H.tsat be was not on (he pay- jjBnaldsnn Rcsunie;; Stand. Bfton resumed the stand Wedrics-'fn'-v. and was taken in hand' King for the conclusion of h'u Baminatinu. lie (ok up the II hi? story with hi? entrance iroom at the An'W, and told bdicg John O'P.rien, Senft nnd M He asked Scott, he said, busy bim to bis sister's house, R raid be would go as soon as pnething to eat. Peek and together, and Donaldson re with John O'Brien to a wail wand O'Brien had talked for pffltnts, O'Brien pr.ipo.'d ih.'il K a little single handed stud I which Donaldson assented, IP worth of chips. They had K band, ho said, in which he I dollars, when a knock came f. Fearing police interft r Jdson suggested ihat. the chips he covered tip, and w a newspaper o ci I b ui door, which had been locked and Peck left, was opened O'Brien and the MeWhir-lD. MeWhir-lD. Donaldson said he did hst name Larry O'Brien lie knew thai .Toh,, O'Brien hodured bv his right name 'd t hn t he w;i s in i roduced uldion. noi as ' ' Dr. Some-wr Some-wr in tb proceediii""7 how-omitted how-omitted that John O'Brien tessfcd him as "doctor."' hut jjjjnk enough of the matter A McWhirters had been in-t in-t Menrdmp to ibe witnr.s, John f, Motioned them as to where m from and where- thev were Ery,,!ftM hi" that. Larrv - m ffilling birn hv that; name tl EL0" ihon) P"ints of in-l in-l K 8a" Lakl'. ""I 'hen Ifl ft-tIDter"'sl 1,1 so n i e ore sp ci I Pf.wern i" the room, asking 1 " luo of !. 1 . Cild Gwir Rosnmed. ilie,wi,n,,,'s continued. John I PjfCD pase us quitP a ware P came i. Wo Wer ,dav M Pt a" we thonerbt when -nu P ,Ts ?he doctor's sweet. 5' i.'! "" ,'r"1s examination, ' Riu.TM-'H l''" i I ? :r"-" llr" ' ;"' 5 L;.Brif'. he went on. had 5P th"!0", "f ",e i - i ! o rs , who Kin,i Va','0f',,,i'". '"',f,J1"'' flsSy1"'' ''"i,n"' ',,rd JS!mon(l'v Url' at '""ni' ,,f- 1's'' fKrh,0'!rif'" " aii'l asked bbMLS'.-.J rh':;;- '; IWMUo .,, u '' 'h i' ' usiialD iffitHhtF' r)onaldon ad- KtaLa,,8Cnte(1 OT Objectrd 4 t 'T'" 11 'lie game jB when ho S';, iJ"'-'"''"' (" ')' ' bor,1'1 k' V'' " dialed " h at K j''1'''1''" taking BBf ohie,;;11'1'" "il there -jF "J fne,ul NfeWhirter lake DONALDSON PUTS IN DAY ON RACK Continued from Page Ono. a hand. Ho and jMcWhirtor hold a whisporod conversation, which ended in McWhirter sitting into the game, and Larry giving him half, if not all, of hi schips. Hands That Were Held. Donaldson then entered with great detail into a description of tho game, and tho hands that -were hold, together with tho JjoLs that wore mndo. Mc-Whirtor Mc-Whirtor dealt, and, so far as tho cards that wero in sight wero cono.orned, tho Scotchman -was high man throughout tho gamo, and it; was up to him to mako tho first bet every time. Twico, ho said, McWhirtor passed tho bet lo him, and once McWhivter led off by making a $500 bet. Whon tho deal and hotting woro concluded, con-cluded, Donaldson declared, and n showdown show-down was called for, the witnes, John O'Brien and McWhirter had $2050 each in tho pot McWThirtor's portion being in monoy and tho remainder in chips. Besides this, ho declared, tho witness nnd O'Brien had a sido bet of $250. Tho hands, ho said, wore as follows: Donnldson, throo sevens; John O'Brien, a pair of queens: McWhirter, aces tip. Both on direct and cross-examination Donaldson showed a poor momory as io tho smaller and immaterial cards which were dealt. Donaldson testified that once during tho gamo McWhirter hud demandod to know if Donaldson and O'Brien had the money to redeem tho chocks in the ovent thoy lost. John O'Brien, ho declared, de-clared, flashed a roll of currency, and Donaldson had pulled a poeketbook which, ho said, contained $2505. McWhirter, Mc-Whirter, ho said, had then expressed satisfaction. Ho had continued to bot his money. "When tho show-down came, Donaldson Donald-son said, he showed his throo sevens last, and scooped in tho money and chips. McWhirtor romarked: ""iou'ro a lucky gtry.'J Donaldson declnred that Jack O'Brien asked McWhirtor if ho wanted to play any more, and then McWhirtor mado a roar that t.ho gauio was not fair. Gun Play by Scotchman. McWhirter, ho said, pulled an automatic auto-matic revolver from his pocket and commanded Donaldson to give back his money, Donaldson replied that McWhirtor Mc-Whirtor was playing among gcntlomen. McWhirter said he would rather go to jail than lose so much monoy, whereupon where-upon Donaldson suggested that somebody some-body go for a policeman, -which suggestion sug-gestion was acted upon by Larry O'Brien. ,., tl , "It's a good thing 1 didn't have a gun myself' declarod Donaldson. Larry O'Brien, according to tho witness, wit-ness, came back shortly with two men whom ho had never seen beforo, and whom ho now knows to have been Par-rent Par-rent and Bell. These gentry wero introduced in-troduced its policemen, and Parront inquired in-quired what was going on. . Donaldson's description of this part of tho dialogue was as fows: "Parreut Hello, what's the matter? Have von fellows been gambling? "McWhirter Yes, sir; we've been playing cards, and that man there has my money. 1 lost $2000, aud I don't think tlie game was fair. . Thereupon Parrent examined tho hands, Donaldson said, and told McWhirter Mc-Whirter that Donaldson's hand TO the best. McWhirter complained that ho could not afford to lose that much monev, and Parrent reminded him that flu. laws of Utah were very strong against gambling. Then, at tho suggestion of John O'Brien, Parrent took tho Scotchman s mm away from him. Ho denied that any gun was taken from .lack O'Bnon, although McWhirter had claimed that O'Brien had a weapon. Didn't Seo tho Robbery- Donaldson then showed- Parrent the moriev he had won from McWhirter, but denie'd positively the testimony of both McWhirtors and Pan-cut that ho had afterward turned the money over to Parrent. He declared that it never loft his possession. Ho then declared that ho did not sec Parrent take $83 3 or any other sum from McWhirter. Ho had become suspicious of the two alleged al-leged officers, he said, and must have been watching Bell when this incident occurred. He di dnot know of it. ho said, until the next day, when Peck told hinf of it. Shortly thereafter, Donaldson went on, Parreut suggested that the parties go to the police station, but not together. to-gether. Ho himself left with Larry O'Brien, undor the escort of Parrent. At-the head of the stairs he left them, Parrent making no effort to detain him. He went into a lavatory and came downstairs a few moments later, and me( Scott coming back from his luncheon. lunch-eon. He told Scott that he had won $2000 in a poker game, and showed him the monoy. Donaldson then detailed his movements move-ments up until the time he went out to his sister's bouso that nighY. accompanied accom-panied bv tho O'Briens and Parrent, and told "how Bell came out later in a buggv. They returned, ho said, later and "that night he turned over $1000 to Boll to square the McWhirters and get them out of town. After changing the $1000 bill for this purpose, he said, he took Bell and Jack O'Brien up to his room, where he turned the money over to Bell in gold. Followed Them to Depot. Donaldson told how. distrusting Bell, he had followed him to the police station, sta-tion, whero- ho turned over tho money to tho McWhirters. then to the Cnllen hotel, and then to O. S. L. depot, whero the victims took a train to Los Angeles. Ange-les. He came back from the depot in the same hack with Bell, and interrogated interro-gated him as to how much he had settled set-tled for. Bell told him it had cost the full $1000. At that time Donaldson knew nothing of tho $8370. Later in the afternoon, when thinking of tho fact that he had .been milked for half his $2000 to settle with, he declarod with bitterness: "They conspired against mc and di me up just like thov did the McWhirters." Tho defendant, declased positively that the testimony of Parrent as to a meeting next day in his (Donaldson's) (Donald-son's) room", where the entire loot was divided was positively untrue. Ho-fur-ther declared that; O'Brien had never redeemed his $2050 in chips which ho lost in the poker game, though he had threatened him with arrest if he did not do so, when he heard of tho $8000 robberv. In closing his direct examination, examina-tion, Donaldson declared that once he had boeu employed by the British Bank of North America to escort $35,000 from Skngway to Dawson, Y. T. At tho conclusion con-clusion of tho direct examination the noon recess was taken. Story Is Attacked. In his cross-examination of Donaldson, Donald-son, which commenced at 2 o'clock, Mr. Loofbourow attacked every weak point in his story. Tho first point of attack wub as to why, when he and John O'Brien played cards by themselves them-selves they had not sat at opposite sides of "the table, instead of one at tho sido and one at tho end. Donaldson Don-aldson replied that he. knew of no .par-. , ticular roason., Ho admitted that he know John O'Brien was speaking falsely false-ly when ho said that they had fearod that it was "tho doctor's swootheurt" who was coming into tho room whon Larry and tho McWhirtorB arrived. Ho also liad a controversy with Mr. Loofbourow Loof-bourow as to tho naturo of tho rules of tho gamo. " Ono of tho weak points of Donaldson's Donald-son's story upon which Mr. Loofbourow laid grout stress was his assertion that; whon Larry bought $10 worth of chips ho (Donaldson) bought $2000 worth. Donaldson stuck to thin, aud, whilo admitting ad-mitting that ho had paid no money for tho checks, said that John O'Brion, who sold him the chips, know ho had tho mouey on him to pay for them. Donaldson also showod weakness by forgetting to say on direct examination that McWhirtor playod in two games instead of ono. Ho nas often told this version of tho story in private, but whon it was draggod out of him in cross examination, it looked like an att-orthought. att-orthought. Mr. Loofbourow olicitod it by inquiring if, whon McWhirter canio into the gamo, ho had not boon given tho cards to deal out of his turn. Donaldson Don-aldson insisted that John O'Brion had dealt ono hand, aud that this gamo had been unimportant in that little or no money changed hands. Donaldson also got tangled up to somo extent in his story of tho betting when the big pot was lost by McWhirtor. Had Too Many ClripB. Tn this connection Mr. Loofbourow tried to mako Donaldson admit, that, according to his story, ho had bot nioro chips than he had purchased from O'Brien. Donaldson countered by sa.y-ing sa.y-ing that, in selling him $2000 worth of chips, O'Brien had given hira four yellow ones, worth $125 each, more than he had paid for. Ho admitted that ho had not called O'Brien's attention to this littlo $500 discrepancy, and that he had never told him of it. Mr. Loofbourow Loof-bourow insisted that the chips wero bogus, and that a few nioro or less didn mako any difference, but Donnldson Donnld-son declarod that, with him nt least, tho pokor gumo was a dead serious proposition. proposi-tion. Mr. Loofbourow read to tho witness the names of all tho pMu olothes mon on tho polico .force, and Donaldson admitted ad-mitted that he knew them all by sight. He declared, howover, when Bell and Pnrrent entered tho room that he did not know but what they might be plain clothes men. Tho District Attorney demanded to know why Donaldson had told Scott ho had won only $2000 in tho poker gamo when, if John O'Brien's chips were good, ho had won over $-1000. Donaldson Donald-son said ho had done so bocauso $2000 in monoj- was all ho had collected, and that he later oxplained tho details to Scott. He said that $2000 which ho had on him when he went mto the roo mwas Scott's money, given to him to gamble when he saw fit. Didn't Telephone to Sheets. Mr. Loofbourow tried hard to make tho witness admit that, on his return from his sister's house the night of tho McWhirter affair, ho had stopped at the Salt Lake rooming-house with Bell and telephoned George Sheets to meet him and Bell at Third South and State streets. Donaldson stoutly denied this. He had tried to telcphono his sistor, ho said, that her little dog had followed him up town. It was when ho was asked why ho didn't go into the police station with Bell, when he followed tho latter there, that Councilman Mulvoy's name was dragged into the case. Donaldson declared de-clared that ho was fearful of getting "ninched," bocauso of Chief Shoets's enmity towaru liimseir aim i.i. ju.uivuj. Mulvcy ho described as his "truo friend." . i Donaldson further admitted that upon Iho return of Bell and himself from tho depot thov had gouo to tho lodgings of the O'Briens, whero they found Par-rent. Par-rent. "Thus, with the victims out of town, everybody clso who was in tho room when thov lost their money, gathered at the O'Briens, did they''' demanded Mr. Loofbourow. Donaldson acknowledged acknow-ledged that this was true. The affair af-fair was littlo discussed there, ho said, because of the presenco of Mrs. John O'Brien and a woman named May Davis. Da-vis. Tho womeh were in bed. "Wlvy didn't you discuss it with tho ladies present?'1 asked Mr. Loofbourow. Loofbou-row. -- "Well, I'm considerable of a ladies' man," replied Donaldson, "but I didn't care to talk this matter over before the ladies." He said he went to the O'Briens lodgings lodg-ings to get his sister's liltle dog, which had followed John O'Brien home earlier in the night. Donaldson's Love Affairs. After touching briefly on his conversation con-versation with "Dutch," night manager man-ager at tho Vienna, and denying that he had agreed to meet the O'Briens iu Denver, Donaldson was asked: "Were you married on September 19?" "No, sir." "Had you a sweetheart?" "I had several of them." Mr. Loofbourow finally brought the sweetheart issuo down to Effie Fay, the woman who was with Donaldson when he was arrested at Hot Springs, Ark., and Donaldson first admitted that she was a "lady acquaintance " of his, and later that she was his sweetheart. The defendant, gave two reasons for : i IT nt- CN-vi-Trirrn f"lnr Tvnc flmh he was suffering then, as now, from eczema, and another was that he feared a warrant would issues for his arrest for gambling. "I had heard," he said, "that the McWhirters were back and that the case was in the hands of the Sheriff. All tho others had flown out, and it looked to mo as though, if I stayed, I would be left to bear tho brunt of the thing alone." The witness acknowledged that he had traveled to Hot Springs under the name of "Billy," James. Judge Armstrong Arm-strong horo excluded a decidedly pointed inquiry as to the personal character char-acter and occupation of Eftie Pay, Donaldson's Don-aldson's traveling companion, who has since declared she is the defendant's wife. His Previous Record. "Wero vou ivcr tried for a felony before, Mr Donaldson?" asked the District Dis-trict Attorney. "No, sir.'' "Do you understand that murder is a felony?" domanded the District Attorney. At-torney. At this point Mr. King ob.ieeted vigorously vig-orously to this line of questions, and Judgo Armstrong sustained tho objection. objec-tion. Donaldson was not satisfied either with his attorney's objection or with the court's ruling. "I had just as leave tell tho jury all about myacif," ho complained. After a "few nioro questions court adjourned until Friday morning, when the cross-examination will bo resumed. |