Show 7 1 DONALDSON fUL GUILTY TY f OF i Jury Returns Returns Verdict After De De- 1 4 liberations i Lasting Ai Almost Al- Al i most n Two Hours 4 j 4 r DR JIM PALE AS DEATH H s I d' d i t. t S 1 When Clerk k of Court Cour Reads Findings Bunco Bundo Man Shows Streak of Y i H i 4 p I i 4 1 4 f H 4 15 5 Tim Til f 4 s 1 i In ln nn t hn-t unit f 4 k 5 4 4 4 4 H. H September 19 14 19 and William mam Y hired lured into a ul poker ne got-ne in r Mr Mrs Youngs Young's f r rooming lio hoUse c h by I Larry n. n r In n the titi lok el I game nm Mt Io loseV el COCO 20 A to Dr Jim Donaldson on con consort olt oltof 4 of I lewd I women and sure thing mart r and and was robbed of DC JOW by ho bogus policemen po- po icemen o of 05 under the thc protection Of Chief of oC Police Pollee George A A. A Sheets Shelt I I who sito th the Rang gang of s 's and I j robbers In Retting Retting- the out outI i of town I J I September cr t SO O Alexander Mc I j for tor returns U IQ If Salt I-alce I after having hn i been advised nd by br attorney nn anti and l f I L the Ibs' co cad In the thc hands hand of oC Sheriff C C. Franl Frank gmery anti l County Attorney Parl Parley y p. p n. nGn October 1 JI 1 TIe Th The story of cr the McWhirter Mc Mc- robbery I Is published in till nil lh the morning papers per papers except the Tribune which Is If full fully informed of oC the ca case c b by byone byone on one of its IL reporters on the night lit the robbery r wa was reported to 10 Cider Chief Sheets v by rh hy did l the he Tribune suppress suppress- s the I story lory when It Il 1 knew n w It would have hn been beena a n. scoop coop on the Herald und and Tile The ncI Re nc Republican publican October 10 la Jim 1 Jim Donaldson In I company with a woman from Crom a a. south Main Street resort Is arrested d In Hot HotI I Spring Ark Ark h by D Deputy Sheriff I Sharp harp October 24 4 IM I'M Donaldson Donaldson 1 H Is disI dl dis- I charged In Judge George G C. C Arm- Arm I conn nr on a n technical point of oC I In a w. w CT 25 Donaldson Donaldson again ar- ar rm by hy the tho county on the charge charp nf or conspiracy June Juri 21 1907 Donaldsons Donaldson's onH trial begins b Jull Judge n Armstrong In the tho In r thc of-thc Third District Dh court I July C. C 1 7 found K IU h by bya a Jury k rUh I fr i I It Or ln ft r t 1 t l. l t t the II gAng u uS uA crooks crook wire inI la in a I 11 Laite Jt I th t the It r H police Jo- Jo port m men lt t and wIth t thc Cv Ot IQ I e o J that department has born been hu culig-hu Arter dU over the In matter tt Ir fo for or orne ne nearly lI two Live hour the In the cole euler colee caso so 0 filed tiled Into the 1 court room or Judge George 0 O Armtrong Armstrong Arm Arm- strong trong nt nl II o'clock yesterday and took look their places In the Jury box Ther here was 1 n determined look 1001 on the fa n or af each Juror and the awful stillness I in inthe inthe the court room for Cor or nearly a n. after th theIr lr entrance seemed to signal Ignal but one verdict verdict When the cl eight ht ht Jurors had taken their seat seats l Judge p Armstrong turned to them and said saith- Gentleman have ha you agreed reed upon a n I I verdict 2 Foreman Samuel JT H. T. T tr rostI rose rost slowly from hl his chaIr Ve e have ha your our honor honor- The foreman ore man handed the written elo- elo of oC the eight men to tho the deputy deptH clerk of tho tIme court who dell delivered it 11 to Judge Armstrong After Arter glancing over lr tho tIme verdict Judge Armstrong gave lave the time paper to the tho dork clerk who re read readS nd We W find rind this the defendant guilty guilt of ot grand rond larcen larceny as charged In the com corn plaint Jin i Donaldson seated at the tho table directly In front lont of or the clerIc clerk turned deathly pale Attorney Samuel Icing Kins who sho has fought stubbornly for or the Ice freedom of or his client turned to Donaldson Don Don- on and anti whispered something Jim smiled sickly and nodded A As soon SOO as lh the clerk had read rend the verdict ver 1 er diet dict o of the jury jUl each on one of oC the Jurors was wag asked if Ie the tIme theer er verdict just read was Wll decision lon Each man answered In the tho affirmative When en the poll wa was completed completed com corn Judge Armstrong thanked d the Jur- Jur for their attention during the trial and excused them Thursday Jul July 11 11 was v set R as th the date of or sentence Attorney 1 King ln rose roso and addressed time the court giving notice that ho he will 11 apply appl tor for tora fora a now new trial It If refused a n new trial Mr 11 King will appeal to the the- Supreme court Continued on un Pa Page l' l Five Fin DONALDSON DONALDS ON GUILTY OF GRAND LARCENY Continued From la Page c One District Attorney Fred C C. Loofbourow who leis 5 handled the case caso in a n masterly manner informed tho the court that the sure sure- ties on Donaldsons Donaldson's bond were cre In hl his opinion Irresponsible and antI asked that the they be not accepted The two aro arc C C. G. G Geary a gambler ambler and Martin E. E Mulvoy Mulvey saloonkeeper an and council council council- man Mr Ir Loofbourow Insisted that the bond be increased Attorney King objected objected ob ob- ob- ob but the court held that the district attorney WaR wan the proper person to pass upon the validity of or such a bond bend Donaldson was turned over to Chief Deputy Sheriff Joseph Sharp and antI was taken to the count county Jail Attorney Ring King salu alu that Satisfactory arrangements would b bo be made at once to secure sureties acceptable acceptable ac ac- ac- ac to the state Until that t timo however cr James D Donaldson gambler sure thing man mun and card shark will languish In the coun county L Jail Jall Verdict Foretold It was wal generally believed among believed amon among those who have followed the case that the Jury could auld bring in n no other verdict than throne theone theone the one found yesterday a It Il was as believed belle that the tho eight men would not deliberate over o the facts In to the cae long IonS as everth everything tc seemed so 50 clear against the doctor It was stated b by ono of oC the Jurors after afler th the tho verdict was returned that two held out for acquittal on the first ballot but that the they yielded on the second ballot which was polled shortly after o'clock It was as then that word ord was tent sent nt to r Jud-r Armstrong and the attorneys on both sides that a verdict had been reached Tho The courtroom was filled when the men flied filed Into their places and their verdict was announced Samuel A A. A King ICing attorney for tho the defendant de de- e- e fondant has made a bitter blUer light fight for the theIL IL liberty crt o of Donaldson on He lie has ImI contested o cr every point stubbornly during the man many n days of the trial but he had a lost lost cause cause It was his eloquence against the cold logical log IOK- cal kal reasoning reasoning-of of f Prosecutor Loofbourow And tho the 10 logician won his battle In his closing argument Saturday morning morn morn- InS InS' ng Attorney King devoted most of his time to that card game same In the Antler r looming house where liere the Wl were weve e rob robbed cd and L beaten caten out of oC lO September 19 I I am not here to defend Mr Ir Donaldson Donald Dom son for gambling declared Mr 11 Kill King But nut he I is charged with grand rand larceny larcen not lot with gambling It Jt has been shown ch that he won 2100 2000 from Mc- Mc In that cart card game And AntI there ther has las not been one bit of evidence before thIs his court that he lie did dIll not win that money mon man mane money e ey honestly Dot Both of oC the I testified that they did not know how to topia pia play cards and they are aio not sure but that Donaldson won that thab mone money from them fairly airly And there is not n t one syllable s ol o of evidence to prove pro th that t Donaldson received a a. cent of or tho the other than the 2000 which he won it tt car cards s Did Old Donaldsons Donaldson's actions on the this da day after aCter h he lie hud had won the t 2000 2004 Indicate that i I lie he ie h had tI stolen tho the mone money We e have brou brought ht six men on the tine stand who have ha t I lied that Donaldson told them that ho Ito had been in a n. game same of cards cattIs an and that he had won 2000 Would he ha have hac c said anything about tho the transaction If ho had stolen the money Why hy certainly not He lie would have said nothing about it But Buthe Buthe Buthe I he was boasting to his friends about his luck Victim J Pleads ling King Now let us pause fo for a n. moment at what t the state has hiss proven pro You will go o through h the testimony and will find the he larceny C CAll Ins Ins- conclusive bearing on Area All AU Alex le this defendant McWhirter te testifies to Is about bt taking t the l money from the table William says SilS about the same mine thing does docs not tell of or oran an any conspiracy Neither do tIo any of the rc- rc rest st st. But nut there Is evidence e In It this case caseto caseto to show that Donaldson on was WIlS the tho victim of thing sure men himself The testimony testimony mony shows that he gave 1000 back to John OBrien O'Brien at the latter's suggestion sug That was wag for the tho purpose purpose of hushing matters up But we find next that Dell Boll had hall that flint money down In his sock to use a vulgar phrase They got tho the 1000 back front from Donaldson and then split the money between them Mr MI King King- emphasized the thc fact that the defense had hall put ten character witnesses on the stand who twit testified to tho the good character of or the defendant tenon among his friends antI and that the state had hat not sought to question I an any of or th them Ho lie closed b by declaring that ho was willing to 1 put U the S C caso of the de defendant defendant de- de Into tho the hands of oC the jurors and said that h ho and Donaldson would woula be he satisfied with tho trio verdict I Though iiI hr his time was short District i Attorney Loofbourow made lunda a n masterful presentation of oC the tn farts facts t In tho the case case- not mingled minded with oratory but with convincing argument from Crom tho the v ayr point of a 1 10 logician He was talking talking- to toa toa a n. jury JUlY of or Intelligent men and he laid before them simply the facts In the ease case and gave sn them free reign to think plink for themselves and und draw their own c con conclusions The first statement nl of or the district attorney attorney at at- torne torney was a hI blow ow ut At t the credibility and honesty of oC Donaldson himself Sterling honesty I 1 wan want t to ask asle you ou gen gentlemen of oC lh the Jm Jury If Donaldson Is honest ho he begun begun be be- gun Jun In hi a quiet voice Donaldson was In a n gambling game gamo and ho he won tho the money The table was 23 by 3 35 Inches Inches- a 0 very ery small email table for tor cards Jack OBrien O'Brien and Donaldson sat sl side e by side at this table I want you to rem remember m- m ber her that fact Jim was there when whon Jack Jacle OBrien O'Brien was Introduced as somebody some sonic bO body else when his brother Larry was named as a a n. stranger strang when ho lie himself was called doctor Eight statements wore were mallo mado before that card earth kamo hamo started cl ht absolutely false also and statements Donaldson know knew every untrue lIe He knew representation was deceive the tho Me Me- made mado tu lu thc they were Yet ho Said ROld nothing Wouldn't o lio ho have hart Said R s piC jlIng if Ie l ho he o vero lr not a party to th the thi bunco game gama that was being worked In In that game we ar are arc td that the tho white chips were welO worth ti five h ts and the yellow V ones worth H You gentlemen gentlemen gen gen- may not know a n J i great deal about cards ca but docs does that sound reasonable rea rca McWhirter knows not nothing ing about cards You saw him hao dUnS dUnS' them here on this table g them like he ic would a n loaf of bread Have 0 you OU any idea that that that-he he had hall a aJ a. a ghost of ot a chanco chance to ta will twin a five cent chip Major Breeden well said that All 11 Hope Abandon Abandon abandon Aban Aban- don Ye Who ho Enter Here should have been the sign over o the dot din ir mm- From Donaldsons Donaldson's own testimony he shows that he hc bet in all u a hi In chips on that ono hand when I by his own statements he had only In chips In hr n his possession I I a kc ke U l him about that hat arid and ho lie finally said cell Ill I'll tell you Mr r. r Loofbourow John OBrien O'Brien save gave nc mo four chips clips too many nary i That's the tho honest gambler g H He lie Is 18 eUh tr falsifying ln or 01 ho he cheated John ten corn out of h Did Dill Donal Donaldson son know then thc was taken from the l Ic Donaldson was sitting at one end of tl ti Ule to lo table and McWhirter le at the other I le 10 o. o could see sec er e every move made by l he could not help hell fL U. U When declared that he had hod been robbed w who who- io suggested that hat they send en for tal a Why h Jim did Who rho waited there i 14 at atthe atthe atthe the table sitting there thero quietly walling waiting for the tho police with every a et of or guilt spread d out ut before him Nh Donaldson Don- Don Who ho was It ho he expect d to come but hut Jew Jews Peck But Lar Larry y y OBrien O'Brien ran onto Bee and antI lie lic carried carrh through Pecks Peck's part pare Jim knew v haU would be done dono when hen be bo sent for a n J policeman That's will why ho lie was not afraid to ta Milr from the table Why was It that Dc u got out of or toyn wh when u he lie learnt 1 that the tho Mc- Mc Ic- Ic had returned t t. to Salt Lake and antI that the thc case haul had been putt Into the thc hands of the sheriff That is Isa iu a a question for you ou to consider Jim took five men out to his sisters sister's hou house e In tho the New ew England addition only tho the five who were Implicated d In the game He didn't take Scott out though hough ho his had asked Scott to go out to tweet his sister They sat around the tab i tabei an and id talked it over Then they walked b buck back acl to the city walked back mind you And lie Ito re remained remained remained re- re In the city for five days daY until he heard that the had ri turned and that the sheriffs sheriff's hud the tho case That's when he got out o o of town and ami he had hall seen both both of ot the O 0 not 21 1 hours houn before he left let the cl city y Mr 1 Loofbourow closed b bj f thanking the Jurors juror for their attention and antI reviewed l some Bomo 01 of the points on or which they would be Instructed by the court I It was at two minutes after ater 12 o'clock wl when en Judge Armstrong Armstron Armstrong Arm Arm- strong strong- began Instructing the jury JUG and It IL was just 1220 when ho bo reading the document Attorney took exceptions lions to ta several of tho the courts court's Instructions instructions and on these and the tho c- c exceptions made during the trial ho he will twill ba base c his claim for a no new trial 1 The Tho court too recess when the Jurors went to the tho jur jury room oom Hero they re remained re re- for nearly half an ain r hour haUl when thc they were given gl to t i go to lunch They rhey had hall returned ll to thee tho iry ry l room only an hour and a half haIr when hen the they brought In their verdict of ot guilty I |