The Helena independent., 1893-11-22
GOT IT TO PLAY BANK,
When Hs Had Los. the Money He
Stopped Payment on tho
Checks
Il q. Cove, OF Spokane, Declined
to Honor His Gambling
%33a Debt.
Judge 4 movies Didn's Think tie Defense
Judge K movies Dldn's Think tie Defense
Good aud Ordered Him to Pay
Ceart Notes.

yOevOx0ey, Wt0outS juicy, AnO sno u0oisIon
vas svea more intsEsstiag. Tho case wni
that Of WA. Simon and Isaac Abernsthsy,
Of Alssoula. against =. G. Cove. Of 62o-
tsne. II tvas In evidence that ths plaintifFs
ran aatnblins Aouss and sAlooh ~ Nil
eouls, Simon asAlina faro while AbUrAsthsy
Attended 70 IL Other business. 0ots. ths
tvil1nSs WI, won't Into Tho plAsA piaysd
faro aad lost Then hs wsus 10 AbSrnstAs5
And dSawing his check for $4,000. got the
nonsy f,en Absrnsthey, and going back to
sAs 9amblinR table lost that also. Going
again 10 AbsSnsthet, wAo VA 10 the bfiics.
hs dssw AuoshSi chySk fot ", 800 and gos
The money on II. The testimony Of the
plainti6s Was that hs only lost about 1000
Of this last 81. 200 q the faro tabls. When
u, checks were presented for payment It
vas found that Cove had stopped pay mont.
Cove was NOT present ut the trial. When
oil the evidence was In Judge knowles said:
IN the hrst place the answer denied that
defendant received The money. lis aDpar-
ent from the svidsnss that hs did. II II
nov elaimsd that, notwithstandinR he re-
osivsd the money, II oannot be recovered
back from him because IL was loaned to
him to gamble With. II Is admitted that
money loaned for . purpose immoral or
p,ohibitsl By Law cannot bs sssoversd In
suit in court. But do hot think that a
faro ssmS comes within ths rule thus laid
down. II The money had besn leaned TO
facilitate count srfeitinR. with the knowl-
edae Of the lsndsr, II undoubtedly oould
moi be recovered. And the class Of I'm
morsl purposes Shat render . loan void do
net think, would inslude what 10 known -
! fare bank. But 'at all events It vas MOI
stipulated that ~ money paid TO defend.
bling purposes. Plaintl6 Aberne.hey may
have thought hs wis going 70 use II Tor
that purpose, but II does mot appear that
Abernsthsy knew II. Cove could have used
II for that ptrposs o. not a. hs saw A..
He could have done what hs hAd mind to
with IL. Under those circumstances
think the plaintiffs. entitled 70 .ecovsr."
Ex- GOV. Jos. X. Tools and Hal. s. Cor
bsts appeared for plaintidS and N. W.
Mcconnell and w. 8. Bickford for defend
ant.
Court Notes.
judge Buck ordered default Of defend
ant in the divorce cnss Of Catherine
Noonan 70. W. j. Noonan.
Deputy Clsrk Kicker. of the district
eours. has ship1sd the trunk of John =.
AOEIIOOU " olU POVVSO - 10y AOsVAsASs OsAs
Geofse W. Morgan, the railway postal
clerk, entered plea OF not guilty before
Judge Knowles 10 tho ok indictments
charging him with sebbing the msils.
Tho sssaohmsnt was dissolved in the sass
Of the Amsrican HOSIERY company Vs. the
Msdy Clothing eompsny. and Judge Back
ordered Judgment 70 bs entered for plain
III.
IA. NARROW, rsssivsy OF shs Montana
Nationsl bank, has brought suit In the dis
triot court against @. X. Wells on q note
for $8497. dated June 15 last snd payable
on demand. .....
Defendants made = motion Tor hon-suit
before Judge Huns, Of ths district courS, in
the case Of A. J. Steele and others ". d.
4. q. FlotterrsS, wAich WAS over uled. and
the case proceeded.
The time for Will Hanks TO plead 10 The
indiotnsnt charging smbszzlsment OF the
funds Of the Merchants National bank Of
Great Falls has besn extsndsd until thts
morning by Judge Knowles.
Al Ham. . Chinaman, who has besn In
this county about twenty ysArs. took dut
his A.st citizenship papers In Yellowstone
county In 1873. Yesterday he wanted IA
take out final papers. bat ~ both ths dis
trict and United States courts hs WAS con-
frontsd with tho proposition that the Law
did not confer citizenship on Chinsrnen.
Rnv 4 s,attePn Of the new Columbian df0Se