The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-21
E. DIE CLARE'S CASE
His Last Transaction With the N. P.
Is Up for Explanation.
THE TALK WITH THE CASHIER
A Continuation Is Granted Until
Monday Morning by Justice
Holland, When Further Ar
gument VIII Be Made.

The long-pending case Of z. d. lie
Clare finally came up for trial before
Justice Holland yesterday afternoon.
1t will be remembered that a little
more than a month ago Mr.. lie Glare,
the transfer agent. one Sunday even
ing. took a Northern Pacific train. The
Northern Pacific the next day found
what 1t considered evidence of crook
edness In his transactions with them,
the result being that Mr.. LIE Glare was
captured before he got to Spokane and
was brought back to Butte.
The trial of the case was delayed
until yesterday. The complaint charges
Mr.. lie Clare with grand larceny in APP
propriating money to the value of 1904
belonging TO the Northern Pacific. AS
sistant County Attorney Booth ap-
peared for the prosecution and j. w.
Cotter for the defendant.
John w. Nangle. cashier of the
Northern Pacific freight Office, who
swore to the complaint, was the first
witness for the prosecution. Mr.. Nan
gle said 1t was customary for the
transfer agents to settle up daily for
the freight consigned to customers.
Mr.. lie Clare had not settled for two
or three days. He met Mr.. LIE Clare
between z and o'clock of the evening
of Nov. IL. and LIE Calre said he had
looked for him Saturday evening, but
could not find him and would like to
make a settlement now. They went
over to the office. There was 1904 90
due in small items. besides the three
beer bills OF II. L. Frank, and these
small items were squared by Mr.. lie
Glare. The latter then said that the
bills OF Mr.. Frank he had turned over
to Mr.. Williams who would call the
next day and give his personal check
for the amount due from Mr.. Frank.
Mr.. lie Clare said he had had no settle
ment with Mr.. Frank for a long time.
Mr.. Frank being sick; and the bills
had not been paid. He said he was
going away to be gone one week or 10
days. The three bills were then placed
In evidence. one for 1921. 35, the second
for S267.75 and the third for $255, the
total being sS04.10
On cross-examination by Mr. Cotter
Mr.. Nangle admitted that he had in
his Office an order from Mr. Frank to
deliver all freight consigned to Mr..
Frank to lie Clare's Transfer COM
pany. which would pay all charges.
He admitted also that when Franks
freight is delivered to lie Glare the
charges are placed against lie Clare
and held against him. lie Clare had
as guaranty for the payment of these
charges the State Savings bank. The
go In and get all freight consigned to
Frank. In case of Mr.. Franks failure
Mr.. lie Clare would he held responsible
for the freight charges.
How then" asked Mr.. Cotter do
you figure out that the money paid by
Mr.. Frank to Mr.. lie Glare belonged
to the Northern Pacific?
Mr.. Nangle said he was not figuring.
He said that on the occasion of Mr.. lie
-
did not insist on his settling the Frank
bills before he left town. He believed
him when he said Mr.. Williams would
pay the bills the next day, and that
during his absence Mr.. Williams would
handle his business. About 2:30 o'clock
Monday afternoon the State Savings
bank notified Mr.. Nangle that IL would
not be responsible for any outstanding
bills OF lie Clare. Then Nangle thought
something was wrong, went to Mr..
Frank and ascertained that the three
bills had been paid by Mr.. Frank to
LIE Clare.
Benia Brose. the Northern Pacific's
telegraph operator. corroborated Mr.
Nangle as to the part of the conversa-
ton between Nangle and lie Glare. be-
ing In the room at the time. He said
that he heard lie Clare say that WILL
Jams would pay the other three bills
the next dav.
The state rested there. Mr.. Cotter
then argued that no case OF criminality
had been shown. The Northern Pa
cific might have had a civil action
against Mr.. lie Clare, but IL was the
old case of using the state by a GRIM
inal action to collect that for which
man is only civilly liable.
Mr.. Booth asked a delay until 10
O'Clock Monday morning before the
case should proceed further. and this
was granted.