The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-14
Doc SEELEY HAS FLOWN.
One Of the Defendants in the Gam
ing Case Forfeits His
$500 Bail.
The Other Two Are Held to
Answer for Grand
Larceny.
a Warrant out for the Arrest of the Miss
Ing Mantle Arguments OF
Z , Counse

When the hour for the arguments in the
gaming case arrived yesterday afternoon
the startling announcement was made maj
Doc Seeley, one of tho accused, could not
be found. He had Jumped" his bail.
Tho last seen of him was about 40 O'Clock
the night befors, when he was down town,
but gave no Intention that he meant to
leave. His doing 90 before the preliminary
examination of himself and Sandy Lane and
William Woods was completed. came as a
surprise to everybody. He was regarded as "
man of nerve. who no doubt faced worse
conditions than those which now surrounded
him. The most surprised man was Fat
Casey, who went his bail for $500. Seeley's
leaving his bondsman in a position whore
it is likely to cost him the $500, also mad
the effect of causing those who went secur-
ity for Woods and Lane to Withdraw.
Lane had secured another bondsman at
a late hour last night, but Woods was
in custody. Judge Sanders having decided
that Il ere was sufficient cause to hold all
the accused for the action of the district"
court. MMg s@
The police court was crowded long be-
fore the time set for the arguments.t to be-
gin. When it was seen that Seeley was not
in the room. An officer was sent to look
for him. He could not b. found either at
his home up tho gulch nor at any OF ms
usual haunts. This result Of the search be-
ing made known, County Attorney Nolan
asked that Seeley's bond be declared Tor
feited and q warrant issued for his arrest.
LAWYER Newman said he had no objection
to the warrant being issued. but asked that
action on the forfeiture Of bond be DELAYED
in the nope Of finding Seeley. This was
done and the arguments were begun.
County Attorney Nolan claimed that the
prisoners should be held as the evidence
showed that grand larceny had been COM
mitted and the money brought into Lewis
and Clarke county. Col. Nolan SAID ne
had no feeling against the accused men
more than against any other persons
showed that these men were Of a more de-
PRAYED nature than some other criminals.
The sure thing man, who worked on the
unsophisticated, was a person society could
we'll dispense with.
NBetween the sure-thing man and the
burglar and the highvayman," said Col.
Nolan, ''give ne the burglar and highway
man. The burglar, when he goes ont 10
ply his vocation, confronts Il condltlon
which gives the owner Of the coveted prop
srty . right to defend il if he cares to take
the risk. If the sleeping occupant Of the
invaded promises wakes the burglar takes
his life il his hands. a few months ago
an unfortunate criminal stood before the
Bar Of the district court charged with high
way robbery. / could still feel some sym
patty for him, considering the fact that to
possess the property Of another ne LOOK hla
life in his hand, if the owner had the cour-
thing man / have no feeling or considera.
tion."9 The county attorney then reviewed
the evidence, and commenting on the stories
told by the defendants he used the steno-
graphic report Of their testimony, .polntine
out what he CLAIMED we're Inconsistencies
Col. Nolan quoting that part of Lanes
testimony where he said he saw kllster
looking At Seeley's hand, declared that he
thought it would have been the part OF 6
friend to have warned Seeley and kept hin
from putting up SO much money. There
should be no doubt, he thought, as to VIVA
should be done with the two
men who were present, nor with seeley
who had not the moral courage u
in flight. After arguing on the point as &c
whether the offense was grand larceny, Col
Nolan %concluded: Against the gambler
himself l have no feeling. In fact nave
certain sense OF admiration Tor the III
trepidity with which he stakes his none,
and tempts the tickle goddess OF chance
When he does it hcnorably he shows al
admirable nature because he is wiling T.
abide by the DEGREES OF fate. But when
by deliberate scheming and machtnatlon
he prepares Il pit or mine for some u%nfortu'
nate to drop III. where the elemen OF chanc
is eliminated, l regard him with the utmos
adherence and contempt"
Lawyer Newman SAID the words sur
thing men, had never been applied to III
clients by any one but the county attorne
himself, SO far as he had heard. "Whe
two men Of equal intelligence sit down to
game of cards and stake their money on til
~ - - tkALn rvS-rnr tpkn ! q n
nothing is said. But when q man VIII
understands the game plays with a green
horn, the man Of intelligence IS designate
asa sure thing man and the victim t1ies t
the state officers for protectlon.
he thought the state prisons should be or
lnrged. Mr.. Newman designated the com
planning witness as lone who, the longs
he remains on the stand, the greener
gets" Green as ne VAS W. me ne NAG az s. sen n:
knowledge of. poker was that gained b
seeing the hands played by Woods an
seeley, and he was willing to stake hi
money on that knowledge, it was just c
we'll he lost Is where he did; the none
would never have gotten to Iacoma;
would never have gone through SPOKANE
Mr.. Newman. denied that the CRIME, II an.
was grand larceny, or if it was, that tt
money was shown to have been brougl
inro the county. In conclusion, he said tt
fact that the defendants had been engage
in dealing faro was no reason to deslgnat
them as ''sure thing men." 1.-THE far
dealers of the vest" he said. take pride
their honesty"
Col. Nolan, in the closing argument, 7!
ferred to Mr.. NewmHn's statement regard
ing the honesty of the faro dealers of til
west. TT is all fudge to claim that all ar
honest said Col. Nolan. Let it be sal
to the discredit of the west, and of MOI
tana in particular, that only within tn
last few years the legislature was forced t
place on the statute books the Hunt gam
bling law. 1t WAS because the dealers ha
become so dishonest that certain species &
games had to be designated rs felony; the
Made it necessary to bring dishonor o
their profession by the passage OF the gam
bling law"
Judge Sanders, in passing on the cas-
said be did not know that it was necesssl
to give in detail the reasons for the COL
clusion he had arrived at. at is a we'll o.
tablishei rule of law he said, that al
person who, by a trick or device, or fail
representations obtains money ftom III
other, is guilty OF grand larceny. The tie
timony shows that Kirsten's money can
into the possession of tho defendants
one of. them. The preliminary questie
was whether it came there by Il trick or d
vice such as would constitute a crime.
think | can take cogniZance of the fin
h-~~