The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-16
John LOST HIS WAD
Now Mr.. Lsggstt Is Trying to Square
Himself.
THEY SAY HE WAS DRUNK
Interesting Contest over a Big
Check Which Was Given In
Gambling and Cashed .--ss<
In Good Faith
ley SAY HE WAS DRUNK

check case Of Phil ]. Harrington
against John A. Leggat was called for
trial before a jury In Judge McHat-
toms court this afternoon. In his
statement for the plaintiff Mr.. Cotter
said the testimony would show that
the Butte & Boston Mining company
on Feb. Is gave the check to Mr.. Leg
gat, and that on that day. according
to information, Mr.. Leggat played sew
en-up or poker with John Weart In
Lynch's- saloon, and after about $500
OF Wearts money had been played Tor
and Leggat exhibited nothing but the
$3,500 check. Weart refused to play any
longer unless there was some money
up. and Mr.. Leggat endorsed the check
and Mr.. Weart won II. Afterwards
Weart walked up street and entered
Harrington's saloon and asked him to
cash the check. He owed Harrington
q bill and the amount was taken ovt
and about 81 500 cash, all Harrington
had in his safe. was paid on the check.
and when the banks opened the next
morning, he paid the remainder. The
check was properly endorsed and Har-
rington knew IL was genuine. Weart
got the money and refused to return IL
when payment was stopped on the
check by Leggat.
Mr.. Forbis, for the defense. said the
facts were that Lcggat was so drunk
at the time that he endorsed the check
that he did not know what he was DO
ing and that he never knew what be-
came of the check. He did not lose II
fairly at a game of cards but lost II
by a clear case of robbery. Leggat
was helplessly drunk and there is great
doubt that he ever wrote the endorse
ment on the check.
Mr.. Harrington. the plaintiff. was the
first witness and testified that Weart
came into his saloon on the night Of
Feb. Is or is with the Leggat check.
Weart said he wanted to pay his bill.
which amounted to $S0.55. He offered
| the check in payment. Harrington
knew Leggat's signature because he
| had cashed thousands of dollars on his
night to pay Anaconda company checks
| and he gave all that to Weart and the
| next morning he got the remainder.
After he had paid all the money he
| was informed that the check had been
protested. He went to Lynch's sa-
drinking together. He asked them to
settle the matter in some way. az he
could not afford to lose the nioney,
Mr.. Leggat gave him no satisfaction
and weart said he had gotten his
money and didn't care what became
of the check. Harrington then TOOK
| the check to the First National bank
| and the cashier, after telephoninE &c
| someone, expressed the belief that the
Endorsement was not that OF Mr.. Leg
/ gat and refused to cash the check. Ths
witness said he had no knowledge ~
to how weart came by the check ~
the time he cashed 1t. .. ~
John Weart testified that he startec
in to play a friendly game with Mr.
| Leggat. and soon they bet small
4 amount and finally they ran up to 50
| game. Leggat was perfectly sober
They played until Leggat was in tht
hole about $3.50. but had no money e
pay for 1t. However, he still insisted
on playing, but Weart would not un
less he saw some money. Leggat hac
| the check up, but II was not endorseu
| and Weart said Leggat would have 4
sign ii IL he wanted to continue play
ing, and he did sign 1t. The gains
continued until morning, and Wear
got the whole wad. He said nothing 4
Harrington as to how he came by tn
| check, and he received the money To-
IL. Weart denied that he cheated Leg
gat or that he held seven cards.
James Donovan testified that n.
watched the game and was very niue,
interested in il. Leggat was not DRUM
and he signed the check in Donnovanl
presence The check was signed be
tween IL and IL o'clock, and by
O'Clock Weart had IL all. Lynch's bar
tender furnished the pen at Leggat'
request.
Ed Lynch on his own responsible.
stopped payment on the check, an
Donovan went and informed Harring
ton. The latter then went to Wear
and demanded his money back, bu
Weart told him to go to Helena. n
asked Leggat about the genuinenes
of the check, and Leggat said he hat
signed the check. but not with his righ
signature.
Barney McKenna also testified tina
he watched the interesting game. an
| al the request of Mr.. Leggat kept tai
When weart had won about 5000 n
wanted TO quit, and let Leggat pay hir
in the morning. but Leggat objected
| saving he was too much In the hols
and insisted on playing more.
on cross-examination Donovan sal
he knew nothing about cards himself
and did not know whether the gam
was played fair or not, but he die kno,
that Leggat won only one game q
night long. and that Weart won all IN
The trial was not concluded whe
| court adjourned for the day. !