The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-22
NO PATRICK HENRY HERE
Tho Main Witness Against Col,
George w. Raymond's Game
Fails to Appear.
Still the Accused In Held for Run
ming an Unlicensed Cam
bling Place.
The Llcense He Had Was Issued ON Jan
rs, but was Datod Bnck T. jan. 5
to Cover the Oftenss.

Col. George w. Raymond, charged with
running q gambling house without Q IL
osnse, had his preliminary examination be-
fore Judge Sanders yesterday. Ths court
room was crowded with interested spsotA-
tors. County Attorney Nolan and U. A..
Lacroix represented the state, while the
colonel had no lawyer. When Judge San
dsrs asked him if he had any attorney, he
said. II don't think / require one"
you are charged with conducting 2
gambling house without ! license" said the
Judge. 'As the offsnss ID beyond the iuris-
diction of this court, this will be only 9
preliminary examination. It You wish to
waive an examination you will be bound
over for the district court; or you can have
the hearing now
II think I'll nave It right here" replied
the colonel ~ he twirlsd his moustache
nonchalently.
The witnesses for the state were called to
bs sworn. Ono Of them, Charles II.
Brown, who was arrested some days ago on
4 similar charge, and whs il now under
bonds to answer the charge Of plotting Pat
rick Henry up againat the coloneIs game,
was present. So was w. ID. Dolliner, dep
uty county treasurer. Patrick Henry did
not respond, and the county attorney asked
that the city marshal explain why this wit
II have looked the city over Thoroughly
snid Marshal SiMs. "and 0aAnoth md him.
He IL not here."
when was the warrant issued for this
defendants arrsst7" asked the county at
torney.
Last Saturday," answered Judge San
"And vhsn was the arrest made" in
quired Col. Nolan.
"Yesterday,' replied Marshal Sims.
Charles Fl. Brown was then examined.
He said he had known Col: Raymond SINGS
last fall. On tho 13th Of January saw him
in \ club room ON Main street. A man
named Wood was there with Raymond.
The latter handled the cards Witness w&s
in company with Patrick Henry. This tes-
timony was for the purpose Of showing that
the colonel was dealing faro in the place on
the 18th. ~.
Deputy County Treasurer Dolliver tssti-
fed that RAYMOND got a license on Jan. 10.
Tho lioense was dated back Jan. 5 and ran
TO Feb. s.
Col. RAYMOND had no Witnesses, but de-
sired to 60 on the stand in his own de-
tense.
IT am charged with running a gambling
house withous a license" said Col. Ray
mond. II fail to see whore you have proved
it,
lis that your only statement?' asked the
county attorney. ,
bought out the place from Horace Hughes
when the latter went away. Hughes hac
told him that tho license ran until Jsn 10
When he hoard Of Browns arrest for run
ming tbs place without a license, witness
thought it best to look over tho license. d
did 30, and found hat il only run until the
9Th. Col. Nolan then applied his oorkscreV
to the witness, who was not able to "a,
whether he had or had not transacted AM
business in his place on tho 18th, or at any
time between the 9Th and the 18th. Ii hs
did, it was in Ignorance Of the fact that hi
Patrick Henry.
The county attorney, in summing up
said the law expressly provided that an,
person engaged in the gambling business
shall, as a condition precedent, take out {
license. So far as tho action Of the count,
treasurer in ante-dating the license wa
concerned, a ministerial officer could no
care a defect of the kind here specified. il
the manner detailed. Were the law suol
that this county treasurer could, in order Y
carry out the sinister purpose of the appll
cant, ante-date the license. the fact woult
q device to escape the penalty
On Jan. Is, whom tbs warrant 70
.Raymond's arrest was in the hands of Al
officer, an attempt had been made to ex
tend back the license In order to cover TIT
time of the otfenso. II would be usslea
for tho legislature to pass laws If it wer
left with the county treasurer to constru'
them in this manner.
Judge Sanders said the evidence and th'
admissions of RAYMOND showed that b.
was carrying on a game between the 6ti
and the 18th of this month, and that
warrant was in the hands Of an officer TO
his arrest at the time the license was ap'
piled for. The law lays down the rule tina
a license must be obtained first
The question US to whsths
the obtaining Of a license hearing date O
Jan. 5 went back 10 as to covor the ofense
was one he did not feel like. passing on
He would have to hold Raymond for tn
action of the district court. Thomas Ora
han, who was on the oolonsl's bond TO
$500, renewed the surety.
Tho penalty for running . gambling
house without 4 license, il from $500 +
$1,000 fns, or from thirty days to 81,
months imprisonment, or both. Half tn
fine goes to tho informer, q fact that Pat
rick Henry was not aware of when he lof
town to avoid tostifying. His disappear
ance will practically upset the prosecution
of Brown under the law against unfai
gambling. ..@E+ w. NY"
Chenille table covors are being sacrificed a
The Bee Hive special sale.