The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-07
HAD A LUCKY ESCAPE
A Confessed Forger Avoids Pay
ing the Penalty.
HE HAD AUTHORITY
Defendant Was Turned Loose Through
the Testimony OF His Brother,
Who Was the Victim
ICED Man.

Two men who had at one time con-
fessed a forgery and at least one of
whom had said to the officers he expect
ed to pay the penalty, had a lucky es-
cape from being punished yesterday
afternoon. About 10 days ago James T..
Wilson and X. H.. Kelly were arrested
for forging the name of James Kelly. a
three pay checks made out to the lat
ter and a-ggregating about $500. At the
time they boldly confessed endorsing the
checks and Wilson said he expected to
go to the p~enitentiary and that he did
not care, as he had had fun enough 10
pay for il. James Kelly, whose name
was endorsed, was industrious in urg-
ing the prosecution of the men and told
the county attorney he had never au-
thorized any one TO endorse the checks,
but IL transpireS that one of the defend
ants was his brother, instead of merely
a namesake, as at first represented to
the authorities, and while the prelimi-
nary hearing was pending he expert
enced a change of heart and when the
hearing came on yesterday he went on
the stand and succeeded by his evidence
III 80 ~ atA PNt W os
sorting his brother had authority to sign
the check. The preliminary came up at
> o'clock yesterday afternoon before Jus
tice L~aurandeau, Deputy County Attor-
ney Yancey appearing for the state and
Attorney Hinkle for the defense.
Jerry Mullins. the first witness, testi-
fed that the defendants came To his sa-
loon on South Main street and asked
him TO cash a check for $3.50. which
was drawn in favor Of James Kelly by
the Northern Pacific Railroad compa-
ny's treasurer. The men offered him $50
if he would cash the check.
Police Officer Dougherty testified that
the police were notified by telephone
that two men Were attempting To cash
a check at Mullins saloon. the endorse
ment to which il was believed had been
forged, and the witness went to the sa-
loon and arrested the defendants.
Detective Murphy, to whom the de-
PENDANTS confessed the forgery. was
called for, but was not in court, and
Pete Hansen, the Galcna street saloon
keeper, was called, but knew nothing of
the case.
James Kelly of S%appington, the man
whose name was forged, was then called
and shown a Northern Pacific pay
check made out to him for $50, on
which his name was endorsed. lie de-
MED he had eve written the endorse
ment and said he did not know who did
write 1t. ON cross-examination by Mr..
Hinkle, the witness was asked if his
brother had any authority to sign his
name to papers. Mr.. Eancey objected,
but the objection was overruled and the
witness said his brother had transacted
business for him and had authority to
sign all paper for him.
on redirect examination MIR. Yancey
asked the witness if il was not a fact
that he had been to the county attor-
ney's office several times to urge the
prosecution Of the case and IL he had
not said neither his brother nor any one
else had any authority to endorse the
check. He said that was true. but ex-
planned that at hat time he had forgot
ten that he had not revoked his broth
er's authority to sign his name.
Mr.. Hancey announced, at hearing
this, that he would close his case. and
when Mr.. Hinkle moved to dismiss did
not resist the motion and the order of
dismissal was made.