The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-13
point a recess was taken to two o'clock N
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point a recess was taken to two o'clock ~
At tho afternoon session the prosecution
nut on the stand j. Il. LanGapn, brakeman
on ths train where the game occurred. rs
show the presence OF the deten nnu
Of Townsand. CITY Marshal Sims was also
called. He had known Woods ana Sseioy
for some time. Lane had been on the DO
lice force and was afterwards y faro dehier.
Woods also dealt fRro III the ieauqnarsers
Sealey the marshal did not know,
md Sseley together WITHIN the pass VEGA.
The at tts reatad here. =
Attorney Newman moved that the pris-
onsrs DO discharged. LII had no. nesn
shown in what part of the state the ohense
occurred. In fact, it had been shown by
the state's witnesses that It did not occur
in Lewis and Clarke county. Ems court
therefore had no Jurisdiction whatever III
the case.
County Attorney Nolan called attention
to the law which hs Thought gave the conrt
jurisdiction. The law in one place SAID II
any man stood by and aided In a-erlme no
was held TO be a principal. II was SHOWN
that the money went into Woods pocket,
and that Seeley and Lane took part. Tho
state had thus proved a conspiracy. lhe
law in another place provided that where
an offanse took place partly III each OF TWO
counties. the one where it began should
have precedence in the prosecution. Among
the crimes over which two oounlles hn,enS
have jurisdiction the county attorney men-
toned the procuring of money by any
schsming device in one county ard taxing
il into another. The state would not insist
en- being able to provo that it could snow a
violation Of the Hunt gambling law IN rms
county under tho present complaint. bus
he would insist that the crime OF Granu
larceny had been committed in Gala
tin, Measher or Jefferson county and the
money brought to this country. tie claimed
that Seeley was the man who went through
the car to discover, from his experience,
who was to be worked" There was MOTH
III Sesley's antecedents to prove that ne was
a philanthropist tina he should show such
IN interest in Kirsten. The young man had
been made the stakeholder in the first
poker hand to allay any suspicious as to
the honesty. of the others. The suchrs
game had been also broken into by the fsst
poker hand to allay kirsten's suspicious,
and enable tho others to fleece a g~reenh0rn.
Seeley allowing Kristen to see his hand was
alluded to az a suspicious circumstance, as
was also tho statement made to the boy
that if ho put in all his money he could
only lose his $40. Obtaining money in this
way, Col. Nolan claimed. constituted grand
larceny, being a ''premeditated plan to OBJ
tain money by fraud or q device" The fact
that Seeley Invested kristen OF ms prop
erty, leaving him to exc out an existence rs
best he could for the balance Of his journey,
showed seeley to be q man who ought not
to be the pet of society; it showed he was a
man who lived by his wits, and the sim
rlieity of such men us Kristen.
Attorney Newman referred to the fact
that the state did not expect to prove tbs
n,,;1k ~ %hA man rnIaT th0 RY1Ht1Op COM
plant. In all criminal actions the accused
had a right to be informed Of the nature of
the charge and to be tried i'll the district
where the offerss was committed. 1t was
stretching the law to claim that this was a
case OF grand larceny. 1t had not been
shown that there was any fraud or device.
The money at stake had been put IN Lanes
hands to be turned over to whoever won it.
Lane had given it to Woods as the one
having the largest hand. 1t was a we'll
settled principle Of law that 80 long as a
had Il color Of title to property he
could not be convicted of larceny for taking
it. Mr.. Newman commended that nothing
county attorney professed to see a gigantic
scheme and drew on his imagination for
the facts. The truth was the greenhorn
had sean the other hand and tried to steal
Sesley's money. There was no reason why
Kristen should not be prosecuted for run
ming a sure thing game. Ihe defendants
had no intention to steal. Each wanted to
win. Even the county attorney would try
to win ii he had n full house.
Judge Sanders said to get money Of an
other by a device or trick was felony. The
examining magistrates duty was to ascer-
tain if there was sufficient cause to hold
the accused. If he thought there was he
could hold them on the complaint on, which
they were arrested, or on any other charge.
Ha cvarT,11aH the motion for GlCChH Of. "a
motion to discharge Seeley and Lane on
the ground that they did not bring any
money INTO this county was also overruled.
Doc Seeley was the first witness for the
defense, and told his own story Of the
game. Hs got OH the train at Bozeman
a game of draw poker going on. He took
a seat next to Kristen, and after some con-
versation proposed Il game of cards. A
euchre deck was found and Lane and
Woods consented to take part in a game.
Witness had Woods for a partner Seeley
then told of the hand on which the Wis
consin boy lost his money. Seeley, as he
be sitting in that poker game" Kristen
said he had a good hand too. SO did Woods.
Kristen offered to bet IS on his hand, but
had nothing less than a $40 bill, which he
handed to Lane. WOODS asked Kristen
docs it all CO." and Kristen said yes"
Kirstea then asked Woods what he was
going to do. Woods put up IS.
but witness told him it would take
$40. Woods put up that sum. Witness
raised that $40. Kristen raised it SIS.
Woods saw the $25 for the two raises and
went $50 better. Seeley saw that and went
1875 better. Kristen had only $40 to make
good the SO raise. He said he didn't want
to bs raised out, and was told he would
have 3 snow for his pile. When Kristen
handed his.noney to Lane he asked the lat
ter if he would give it to the man who had
the biggest hand. When the hands were
shown witness had three jacks and a pair
of tens, Kristen three aces and a pair of
kings, and Woods foul mines. Kristen re-
marked to witness II had you beat. Isaw
YOUR hand" Lane gave the money to
Woods and witness had never seen a cent
of it Bince. Seeley swore positively that
kirsten dealt the hand himself and that the
cards were not even cut. There was moth
ing Unfair in tho game. Seeley had told
his story in a rapid way, and when he got
through Col. Nolan took him in charge. In
answer TO the county attorneys questions
he said he was SO years Of age. Helena had
been his home since last fall. since which
time ha had been out Of town to several
places. His business was that of Il hawker.
II sell a remedy for aches, pains. headache
and neuralgia. which | make and sell my
SELF" he said. Part of his business in
BozemnR was III connection with the medi-
cine. Seeley said he went to Bozeman the
day before the occurrence. Saw Lane there.
Had seen Woods in Helena, but did not
know him at the time the game began on
the tain. Seelev also told about the first
poker hand as already related, except that
he dropped out whom Woods raised him S15.