, 1888-11-22
Lewis Peculiar Banking Meth
Ods Surprise the Court.
A Will Contest Which Resulted
in a Fight and a Fine.
what the Late Election Cost the County
Judge Nash's Decision In the
Gambling Case.


husband, came up in the district court
Monday on a motion to vacate the order
of arrest under which John Lithgow and
l.. D. Duffee, proprietors of the gambling
house where the money was lost, were COM
mitted to jail.
Hinkle & Allen, who appeared for the
defendants. claimed that the proof was in.
sufficient to detain their clients in prison.
Mr.. Tlinkle stated at length
his reasons in support of his mo.
tion, when Judge Nash interrupted
hm by asking:
"Is this about gamblingY"
There is no such showing" said Mr..
Grifiths, counsel for Mrs. Lewis. "Our
affidavit is on file showing that the money
was deposited for safe keeping"
This Is something new to me-" re-
piled MIR. Hlukle. 1--WE claim that the
money was lost at faro. We do not deny
that Lithgow and Dutfee received it, but
they won it at a game of chance"
a SERIOUS NATTER.
81 see what this is coming to, said the
judge sharply. IF the process of this
court is used to put people in Jail, it must
be on more satisfactory grounds. 1t is a
very serious matter, and as this new affi.
davit takes you by surprise, Mr.. Hinkle,
III allow you time to examine it. Take
all the time you want and prepare your
answer"
Mr.. Hinkle occupied an hour preparing
a counter affidavit. which was reitera.
tion of the documents already on file and
setting forth that the money was mixed
up with the money received from other
players, and that when the sheriff came to
replevin it, 1t was not there.
I'm other words, stated the attorney,
''they could not conceal what they did not
have to conceal"
'Do you concede, then, that this order
OF arrest was properly issued when it is
contended that this man lost his money
by his own act contrary to lawp' asked
the court astonished.
the allegations of plaintiff. 1t does not
appear reasonable or probable that man
should take $4,000 out of bank, as 1t is
claimed, and deposit it in gambling
house.
ut does look unreasonable and improb-
able" replied Judge Nash, 'but men do
strange things sometimes. A gambling
house certainly is not good place to do
banking business. am satisfied that we
cannot dispose of this case without
thorough investigation. am determined
to get to the bottom of it,
THOROUGH INVESTIGATION.
"The understanding is that this money
was deposited with these men," added the
judge, turning to Mr.. Gritfiths.
Yes, sir, replied the latter.
~ we'll than Wa w i'll 90 nh ~
thoroughly and completely. But if the
money went roundabout way through
the faro bank for chips into the cash
drawer don't want to hear much more of
the case"
This brought out the statement from
Mr.. Griitiths that Lewis did play faro on
the night i'll question, and the admission
that his money was mixed up with that of
others. But" added his lawyer, that
money had nothing to do with the $4,000
on deposit. Tha' was separate and put up
in packages OF $1,000 each, and never was
touched after il was delivered to LithRow
and Duffee for safe keeping?"
That is an important issue-very i'm
portant," said Judge Nash. Bring your
proof and we will hear this matter in open
court tomorrow. lf this man Lewis
really lost the money he has placed himself
In very serious position in swearing to
mis- affidavit"
The death of the late James McNealy at
Cheney not only resulted in u will contest,
but also in street fight in which John
McNealy and b. F. White, an adherent of
the hated opposition, were principals.
They met on the streets here and McNealy
assaulted him. As Attorney Graves stated
yesterday White. believing that "he who
runs away will live to fight another day."
took to his heels. McNealy followed close
ly and struck HIM again, and made an at
tempt third time to spoil his victims
ocular vision,
White had McNealy arrested and in the
Justices court he was fined 800 and costs.
j. w. Binkley, his attorney. brought the
case up on appeal before Judge Nash yes
terday
my client pleaded guilty and is willing
to plead guilty again" he stated.
IAN accommodating client, interrupted
the court.
Eyes, and the fine imposed upon him
was outrageous" added the attorney.
1--WE are guilty of assault. and we are
wiling to be fined, but we object to 800
You say we are guilty, Mr.. Brinckley."
said the court solemnly. Suppose YOU
puy half the damagep"
The lawyer objected to any such pro.
ceeding on the ground that it would estab-
lish bad precedent.
The court reversed the Justices decision
and imposed fine OF $40 and costs,
amounting to about 845 together.
About 6 O'Clock last evening woman
living in one of the shsnties located in the
neighborhood known as the "Rock Pile,"
on Front street. met officer Gillespie and
informed him that she had few minutes
before found woman lying dead in one
of the shanties adjoining her house.
An officer was sent to guard the premi-
ses where the dead woman was found, and