The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-02
IT'S ALL MADE CLEAR
A Banking Transaction Exposed by
the K Rays of Law.
MORPHINE FRENCHY FREE
The Counterfeiting Charge Against
Him Does Not Hold. 50 he Wants
His "Gun" and "Hypo" Re-
turned to Hin-Locai News.

court to-day the case of the American
Exchange bank of Chicago VS.. William
Ulm, VIII Hanks. s. N. Dickey. t. E.
Brady, Z. r. Clingan, II. p. Rolfe, A.
+. Longeway, John Sinclair and A. Ma
than was taken up and jury impan-
eled. Leslie & Downing represent the
plaintiffs and A J. Shores, I. Z.
Brady and ]. p. Lewis appear for the
defendants.
This is an old suit arising out of mat
ters connected with the defunct Mer-
chants National bank of which the de-
PENDANTS were directors. The complaint
alleges that the defendants received
money on a six months note of s10,125
signed by the defendants and dated
Oct. 25, 1892; that part has been paid
back in redemption, but that there still
remains due a balance of $4,625 with
interest. for which they ask judgment.
In the defense ii is averred that the
note was fraudulently negotiated and
counter claim is filed for $5,750.15. the
amount already paid on the note.
The defendants story of the case
amounts to this: In October, 1892,
Hanks, then president of the Merch-
ants National bank, induced the direc-
tors to sign a six months note for
$10,125, to be negotiated with the Am
erican Exchange bank of Chicago, and
the accruing funds to be used by the
and the accruing funds to be used by
the Merchants National bank for its
sole use and for no other purpose what
ever. The defendants allege that Hanks
instead of following instructions, used
the note as collateral security to pro-
tect a personal note of his own, the
proceeds of which he used for his pri-
vate needs and purposes, the bank not
ceiving any money at all through the
negotiation. 1t is further claimed that
the plaintiff had no right or authority
to take the note as security, and in his
plea Attorney Shores characterized the
transaction as practical theft. A mo-
ton to non-suit was made in the morn
ing, but after an hours argument on
each side the motion was denied and
the trial proceeded. The case will prob
ably go to the jury tomorrow morning
The case of Chichester VS.. Hackshaw
was dismissed to-day as settled with
out costs to either party.
The republican county committee
met to-day at Douglas Martins Office
in the Phelps building. 1t was decided
to call the convention May 2 at 10 a. m,
the place to be decided later. The eau
cuses will be held April 25 to name
delegates to the convention, which will
choose delegates to the state conven-
ton.
Xavier Gin was arraigned before
United States Commissioner Cockrill
this afternoon. District Attorney Les
lie and Deputy United States Marshal
Davidson came in from Helena this
morning and the preliminary hearing
was conducted in Judge Benton's Office
in the district court building. The COM
plant, sworn to by Edward Thomas,
charges Xavier Gin with forging and
passing counterfeit coin on or about
the LIST of March. Gin pleaded not
IA Wi Vo 111
and sworn. Chief of Police Guerin was
the first witness to be called. He said
he had been acquainted with the de-
PENDANT for four or five years, during
which time the defendant had worked
as dishwasher, cook and waiter at vari-
Gus places. Lately Gin had been en-
ployed by Mrs Carrie Farber of the
Linden Terrace boarding house, where
he slept and looked after the furnaces.
Officer Guerin exhibited the counterfeit
coins which had been passed at John
sons beer hall and described his search
of Gins lodging in the basement of the
house. Under a loosened board under
the cot on which he slept he found a
broken mold and two pieces of metal
In box were found spoons, lead pipes
and bottle of soapstone together with
six paper molds. Under the bed was
found mutilated quarter and one
good die on one of the rafters Gin
declined to ask any questions
Miss Carrie Farber testified that she
was with Officer Guerin when the
search was made, but said she had no.
ticed nothing out of the way, except
seeing the spoons about and supposed |
he used them in taking morphine. She |
said that her brother slept in the same |
room with Gin. He had also asked for |
plaster of paris to mend lamps.
Mrs. Devine said she told Mrs. Far |
Der that she had seen Gin fooling
around in a supicious manner on the |
floor.
John w. Porter, one of the owners of |
faro game at Johnsons beer hall, tes- |
titled that on the evening of the oath |
of March he noticed two dimes on the |
table which looked like counterfeits. He |
asked TO whom they belonged. as the /
bet had won. A man whom Black |
identified as Gin made a break for the /
door. The dimes were afterwards found |
TO be counterfeit. II. Black testified /
that he saw Gin lay down the two |
dimes on the table.
David Dowty a druggist testified that |
Gin called on him about the LIST of Feb
ruary and wanted to buy some plaster
of paris and, not having any, told the
defendant the place where he could get
IL.
District Attorney Leslie then said he
thought that there was not sufficient !
evidence to convict, and moved that the
case be dismissed. When Commissioner
Cockrill told him be was free. Gin APP
peared greatly surprised, but. recover
ing his equanimity. eagerly asked TO
have his morphine gun and knife re-
stored to him.
AL Conkrite. who was arrested last
night and, In the scuffle succeeded in |
breaking officer Grillenbergers arm.
was arraigned in police court this
and bound over in the sum OF
$500 10 the district court. on the charge
Of resisting an officer. The penalty for
this offense is Imprisonment for five
years or a fine of 5000. Conkrite is a
powerful man. and has a record for
feats Of strength. He has the reputa-
ton Of being quiet and peaceable ex-
rept when under the influence Of liquor.
in which condition he is as thirsty for