The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-01-11
RoeeINo THE COMPANY.
A Boarding House Keeper Who Drew
Pay From the Railroad.

A Hsoarsltmx House Keeper who Drew
Fay From the ltaiiroad.
Special correspondence Of the standard.
BUTTE. Jan. 10.-An interesting railroad
case was tried before Judge Eddy to-
night. The case was that of Frank f..
Sawyer against the Montana Union Rail-
road company for $500. wages as road
master. The defense offered hy the COM
pany was an attempt tn show fraud on
the part of the plaintiff. The AFFIDAVIT
and evidence of William Smith was pre-
scented. He claimed that for two months
he had been running "A section boarding
house at Anaconda, and at the same time
his name was on the payroll OF the rail
road although not ON the time
book. Smith said he gave Sawyer $50 To
get him the house and gave him two
thirds of tn money he drew on the rail-
road each of the two months, as a work.
man on the railroad. while he was all the
time running the boarding house at Ana
conda. IL seems that Sawyer and Smith
fell out and Smith gave up the scheme, or
at least made n statement tn Mr..
Calderhcad. duplicating Sawyer
in the robbery. IL was shown that five
men had been carried on the pay roll who
greaves and another. IL was claimed ny
Smith that Hargrcaves had been ook in
hrs Anaconda boarding house at the time,
and did not work ON the railroad. Smith
says he paid Hargrcavcs nothing for his
services as cook, his name being on the
railroad pay roll. Smith says Sawyer
him for il repeatedly, but Saw
yer said III he had no money
and il Smith asked him for il again he
would put him out of his boarding house
job. Smith then threatened tn disclose
the whole snap tn the railroad
but Sawyer told him to- keep his mouth
shut and he would get his money. But
Smith hadn't received il and 80 made n
statement to- the railway
1t was also claimed 10y Smith that Saw
yer had his 12-year-old son working under
the name of Robert sullivan and drawing
Sl.15 per day. He worked 4ia4 lays.
The books of the company were sub
mittcd showing that w. Smith had been
paid S5s.15 first month and Siy.55 the sec
ond. Hargr,avc had been paid SOL. ga the
first month and S21 the second. Evidence
was ad,iurct to- show that these men had
not worked at all. The total amount of
the swindle the company claimed to he
S23I.i5, or S91 moro than the amount of
wages claimed 10y Sawyer.
Murphy and Doughcrty testified rs to
was claimed that Orr and Fitzpatrick had
been parties tn the swindic. but had dis
appeared like all the rest except Smith.
For the plaintiff. the fact of the wages
due was shown. and Sawyer claimed that
he had no part in swindliug the company.
Ii was admitted that the theft had been
committed. that men had drawn pay who
had not worked, but il was claimed that
sawyer could not know all the men em-
ploycd under him from Butte
to- Garrison, and that the fault
was am oversight of his. hut
no felony. Sawyer stoutIy denied any
agreement or connection of "A culpablo
nature with Smith. Ii was claimed there
was no evidence of Sawycr's cornplicit
except Smiths word, who IL "a s"lf-cor,
vi"ted felon. Smith has "a wife and family
i'll Anaconda.
The jury brought in "A verdict FOR III,
plaintiff. awarding the roasima.tcr th,
granted a five days stay of execution il
order tn file notice or appeal.