Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-04-27
a WEAK CHANGE.
Unpleasant Termination Ola Friendly
spree An walkerville.

spree An w~aIker.ille.
A case came up in Judge ~Lippincott's
court Tuesday which FroyeduDoninvesti
eation to De oneAoi Tie weakest charges Of
petty larceny ever preferred, although the
complaining witness appeared to be acting.
In good faitn. and to be under the impress
sion that he was doing his VIII, le duty to
the community h5 bringing a. malefactor to.
the bar OF justice. The case was that OF
the. Territory ys-1Thomas Clark Tor AT.
tempting to steal q twen,y.dollar bill from
j. NJ. Holland in Sara's saloon IN Walker.
vile last Friday night. Tie complaining
witness Was represented by Mr.. ODonnell;
County Attorney DsWitt was present on
behalf OF the Territory. while Mr.. Haldorn
defended the accused. ,7 5sfn3
The complaining witness, Holland, was
put on the stand NJ d testified that ne and
Clark had bee1 in the saloon for eome time
drinking together In a friendly way, and
that he placed q twenty.i"llar bill On tie
counter in payment for drinks, as he sup
posed, when it disappeared. be did not see
how. After q little he asked Mr.. Sara, who
was behind the bar, il be was square with
the house, when be wal told that every
thing had been paid for, whrn he remarked
that the house was not square with him
and that there Was twenty dollars coming
to him from somewhers. Clark was stand.
ing near him at the counter and be accused
him Of having taken the money requesting
Mr.. Sara to search him. This Mr.. Sara de-
clined to do, not regarding himself as war.
ranted in taking such q liberty with q citi,
ZEE, but Clark expressed aperfect readiness
to be searched and tosyk off his coat and
vest to facilitate the operation, when he
found 0 twenty,dollar bill in the vest
pocket. ais rs sr
On cross.examination, Mr.. Holland adj
mitted that he and the defendant had had
a friendly,sprse that evening and had beer,
on the best OF terms up to the episode. OF
tue bill. He was Obliged to admit that
Mr.. Clark had shown an oblieing readiness
TO be searched and that he had explained
he tool the money to take care Of for him
until morning. Furthermore he was in an
uncertain, state OF mind as to whether it
was twenty or thirty dollars that Clark
had taken from him. He was under the
impression that he was out about thirty
dollars and had felt OF Mr.. Clark's pockets
to see il he could not detect the presence Of
the other ten dollars concealed about bis
person. He also admitted that he hae
been drinking a good deal in the. course OF
the evening and that bis p~erceptive facul.
ties were not as clear asthey would be under
more advantageous circumstance. When be
had arrived at the conclusion that Mr.. Clark
was the cu1prit he had drawn q revolver
and in an impressive marched that
gentleman down to Butte, cautioning him
that it would be very unhealthy for him to
make any attempt to get away from him,
and that when he got here about 2 o'clock
on Saturday morning he handed him over
Il IN fha ~n1;no Tba rvsNroaot onn nnHor
cross-examination was that OF q man who
had an unpleasant duty to perform and be
| discharged it with an air of consciousness
| of the grave responsibility resting on him
Mr.. Sara testified to the complaining
witness and defendant being together in his
saloon on Friday light and Saturday
morning and that he saw Mr.. Holland
place the twenty dollar bill on the bar
| after everything had been paid for when
the defendant picked it up saying he would
take care Of it for Holland who was pretty
full. The prosecution had no more testi.
mony to produce. and Mr.. Dewitt said it
was unnecessary to take aoy evidence Tor
the defense as the circumstances developed
failed to show any intent to de-
fraud the complaining witness. He
| charged was accordingly done. The com
planning witness, Holland, has u charge
pending against him for assault and bat
terry on Mr.. Clark the defendant in the
other case. which comes up foc trial in the
same court this evening when it is barely
possible that he may find that, however
well intentioned his course was in marching
Clark down from Walkerville> in the dra
matte way in which he himself testified to
it was not the most iudicious procedure h,
could have selected.