Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-07-26

how u montana man SHOWS HIS Liberal
ity-" Bricks Divvy."
Homer Lawrence is the somewhat aristo-
cratic name of a Montana man who ap-
peared in the Police Court yesterday morn
ing charging John Van Tine and John
Lynch with grand larceny The evidence
in the case did not even tend to support
the charge and the defendants were
promptly discharged, when the prosecution
closed its case, without putting anv eyi.
dence in their own behalf The case
served to show, however, what liberal
fellow the Montana man is, how easily he
could tell different stories and the peculiar
ideas of right and wrong held by LAFAYETTE
Tomlln, known among his associates by
the sobriquet of Brick"
The first witness was the complainant.
Homer Lawrence. He came from the
neighborhood of Butte. Montana, stopping
for while at Saltwater, Churchill county,
Nevada, and arrived in Sacramento about
two weeks ago. He had couple of hun
dred dollars with him and started in 10 en-
Joy himself. On the night of the 18th
instant he made the acquaintance OF
Brick Tomlin and John Van Tine and
they invited him to take q ride in
a hack. He said that when he got
into the hack he had $50 They
drove about for some time, stopping at va
riOus places for drinks. He did most of the
treating, and every once in while it was
suggested TO him that it was time to "put
up" for the hack, and he would paw the
driver, John Lynch, an additional fee He
had no idea how much he spent for drinks
or how much he paid the hackman, but
after he got back he found he only had SIS
left. That was all he knew about it.
Lafayette Tomlin was the next witness.
He said that he and Van Tine met Law
renee on Second street, and the latter asked
them TO take q drink. They complied, and
then Lawrence wanted to know if they
could not get hack and take q ride. They
sent for hack and drove around the CITY,
stopping at various places and drinking.
Lawrence was very liberal, and every time
they would stop at q place TO get drink he
would say, Well. / guess l mad better
give the boy something and would give
the driver 81 30 or s.. Finally they drove
up 10 the Crystal Palace on street, be-
tween Ninth aud Tenth, where Lawrence
left them. He then told Lynch and Van
Tine that he wanted his divvy"
Was there any understanding before
hand asked the City Attorney, "that
you should get this mans money and di-
vide it2'
No." replied the witness, but l knew
they got $24 or $50, and thought | ought
10 get my share of 1t. When q man goes
out IN hack and gives up lot of money
/ am not going to get left on it. They
wouldn't divvy, and shot off my mouth 10
officer Agner when l had no business to.
l told him they wanted to rob me, and l
wouldn't stand it"
:" Did these defendants take any money
OFF Dawrence's persOn?" asked the City
Attorney.
mo. All they got he gave them of his
own free will. When we stopped at a
place he would say, 1 guess | had better
give the boy something and would hand
some money to Lynch. / kept track of it,
and thought he gave him S24 or SIS"
In answer to a question by Z. G. Hart,
counsel for defendants, witness said that
when they called for hack he wanted his
brother sent. "If we had got him." said
Tomlin, "we would not have had any
trouble"
Officer Agner testified to seeing the men
drive up to the Crystal Palace, but was not
able to tell what Tomlin told him.
Horace J. Greenwood, barkeeper at the
Crystal Palace, testified 10 the men coming
in there, bat knew nothing of the money
transactions.
Mr.. Hart moved for the discharge of the
defendants, which motion was promptly
granted by the Court
Chief Lee was disguised with the testi-
mony of Lawrence. He says that when
the latter made his complaint he told an
entirely different story, or he should never
have had the men arrested