The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-17
COT LEFT
Be Said he Was Paraly7ed When he
Gave That Check.
JURY DIDN'T CARE
They Decided That the Man Who
-Cashed the Check In Good
e~s Faith Should Not Be
:. Made to Suffer.


Butte. May 1.-THE jury in the case
of Phil j. Harrington against General
| John A. Leggat and the Butte & bos-
| ton Mining company, decided TINS even
ing that one or the other of the de-
PENDANTS must pay the protested $4,000 |
check which Mr.. Leggat lost to John
| Weart in a game of seven-up. Mr.. Leg
rat was on the witness stand this fore
noon and said that the memory OF the
famous game was like a dream to him
now. He said he did not remember
signing the check and he did not think
that his name on IL was In his usuai
handwriting He thought that In all
probability he had signed IL. but had
no recollection of II. He said he first
played pool with weart and then lost
SIS IN game of whist. He then asked
wcart to play seven-up and he had no
recollection of what happened then.
The last he saw of the check IL was
lying in front of him on the table. The
next thing he knew was when he awoke
in a back room of the saloon the next
morning and somebody told him he had
been robbed OF his check.
On cross-examination he said ne
thought Weart was a gentleman when
he asked him TO play seven-up, out ne
! now believed that he was tin-horn
gambler. One reason he believed ne
was robbed of his check was because
: Weart won all the games.
"I 1 had lost the money In square
: game said Leggat. II wouldn't con,
: slider that l. was robbed. nor would
= have ever opened my mouth about Il.
. but think IL was unfair TO take ao-
vantage of a drunken man."
q Mr. Iseggat remembered playing Tor
: 800 a game. but he could not remem-
= Der indorsing the check 1t was not UNI
. til three days afterwards that he noti-
fed the public that the check was OBJ
tanned from him by fraud. The general
said he swas stupid from drink for
nearly two days. and for that reason
q he did not give an earlier notice. lie
= never played for money when he was
:" sober
Ed Lynch. one of the proprietors OF
the saloon where the game was played
testified that he saw Mr.. Leggat early
"A in the evening. and he was then para
!" lived drunk. He was exhibiting tn
check, and Mr.. Lynch tried to induc'
F., him to put it in the safe until the mex
IL morning. but he refused. The mex
4 morning Mr.. Lynch heard about IN
game OF cards and the fact that MI
hit Leggat had lost the check. On his owl
T.. responsibility he notified all banks no
r. to pay II, and then saw Weart ana az
ly vised him to return the check wear
nd said he did not have IL, but had give
'e- IT to Phil Harrington, who was goih
al. to get II cashed for him.
nd Harrington afterwards came into IN
to saloon and said he heard there wa
i'll, some trouble over the check, and =
wanted to see Leggat. The latter wa
Fly then I'm the back room stupid drum
Tor and Lynch brought him out. Harrinl
Ii ton said he had cashed the check
he good -fattfysbut that he was willing
rec settle for $3.50 or 5000. and Leggat
pm fered him $50 Mr.. Lynch. howeVe
oil interior ed, and said that he would m
rk- allow the old man TO be fiim-hamm'
lon i'm his place.
be- The other witnesses testified as
tie, the game and Leggat's condition. ~
les. court Instructed the jury that II tn
OPP found that the check had been endors
Mr. by Mr,Leggat and delivered TO Weal
to- and that Harrington cashed IL witho
ar | knowledqe as to the means by whi
Weart got Il. they should ma Verdl
Inc for the plaintiff They were out ov
ing an hour, and returned with a vera
.ge. for Harrington for $2,42O and S6O'5O
ivil terest. II was probably their mlsu
all derstanding of the courts instrucuo
hat that a verdict for less than the -,
per | was returned, the court having sta'
rom that the jury might determine lr'
rom the Evidence the amount OF casn p'
sid on the check. and return Verolct
rib cordingly.y and they evidently deduc,
the saloon. bill of some $50. with wnl
cid, Weart was given credit by Harringt
held The Jury stood eight TO four Tor
sful verdict. A. j.. Daum. N. p. Dryden,
alto Genereaux and John Redlich Vot
has against At. -