The Anaconda standard., 1896-03-14
anaconda Ne1Os.
BITTER ROOT SPUDS
Thomas Windsor Arrested for Embez-
zling the Receipts Of Sale.
1T ORIGINATED LAST FALL
Before Judge Fitzgerald the Case
Argued. and on Motion OF z.
d. Mats the Defendant
Is Discharged.
AnacOnda Ne7Os.
1T ORIGINATED LAST FALL

A reminder of an incident of last fall
that happened in Anaconda came up
yesterday before Judge T. ID. Fitzger-
aid, acting as justice of the peace, in
preliminary examination of Thomas
Windsor of Missoula for embezzlement.
His honor listened to the testimony of
the prosecution and on motion of the
defendants attorney dismissed the
case Senator E. ID. Mats appeared for
the defense and Attorney G. b. Wins
ton appeared for the state.
The case arose from the shipment
and sale of a carload of Bitter Root
potatoes. The prosecuting witness was
Sebastian Effenger who grew the po-
tatoes, and who put them in charge
of Windsor to sell, paying his fare to
Anaconda from Missoula. Effenger
claimed that Windsor told him the po-
qatoes would bring him 81 per hundred
pounds, but when the sale was made
he only got so and 55 cents per hum
dred. Payment was to be made at
Missoula and when Effenger did not
get immediate returns from his "spuds'
one telephoned to the police and had
Windsor arrested. AS the story was
brought out by the states witnesses
Windsor when arrested, had no money
on his person and told the officers that
of S165. Before he was taken back TO
Missoula and while a prisoner in Chief
Whites charge a balance of SIS due
on part of the potatoes sold to j. ;.
Grain was collected, showing, the de-
fense claimed, that the reason he had
not RENTED to Effenger was that he
had not yet collected the money. Eff
fenger himself testified that he had
been paid all the money due him from
the sale of the potatoes, within a day
or two after Windsor came back to
Missoula. The matter had not gone to
trial in Missoula county.
s. u. Beebe told the court that the
freight bill had been paid at Missoula.
j. S. Grain of the Grand Central and
William Allen testified that they had
purchased the car of potatoes and paid
the market price. which was lower at
that time than 1t had been previously.
Deputy Sheriff Tom Corbett of Mis-
soula informed the court of the ssu-
ance of the warrant, of ordering the
arrest by telephone and of his coming
to Anaconda for the prisoner and re-
turning with him to Missoula.
Senator Mats then made his motion
TO dismiss. which was resisted by At
torney Winston. the defense asserting
that the restoration had been made at
the earliest possible moment and that
the matter of defendant being broke In
Anaconda, by having been robbed or
otherwise by spending the money, yet
his having the means and the willing
ness to make restitution, freed him
from the possibility of being held for
embezzlement. which. under the new
code, is larceny.
The state took the ground that resti-
tuition had not been made when prom
ised nor until after defendants arrest
That. therefore, he was liable to the
court
Judge Fitzpatrick took the matter un-
der advisement, until o'clock in the
evening and, in giving his decision
complimented the attorneys upon the
way In which their respective sides had
been presented. There was none of the
pickering and quibbling so common tc
police court cases, that the judge felt
disposed to express his qualification.
II is understood that Windsor, the de-
fendant in this case, a man on the
shady side of so years, is sueing the
prosecuting witness, Effinger for dam.
ages by illegal arrest. TO his reputation
etc, In the Missoula courts. The re.
suit is of double significance in clear
ing the old man of the charge; IL also
furnishes him with basis for his action
against Effinger