The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-17

week Fox, who In a miner at the Ben
mine. went to Dennis O'Brien, a saloon
keeper on North Main street. and asked
O'Brien to let him have SIS on an order
he had on the Hennessy Mercantile COM
pany. O'Brien did not have the money.
but gave Fox q check for sos that had
been left with him for bookkeeping ana
told him to get 1t cashed and take out
the SIS and return the balance. FOX TOOK
the check and went down street to get II
cashed. He got the money at Crowley's
saloon, further down the street, and
there got to drinking. On the way back
he dropped into the Combination gam
bling house and went against the game
of faro. with the result that he lost all
his m and that of his friend, M
on learning the facts. swore out a war
rant for the arrest Of Fox for grand lar
ceny.
When the preliminary hearing came
up yesterday afternoon before Justice
Laurandeau, O'Brien appeared as the
complaining witness and related the cir
cumstances as given, and the defend
ant then took the stand In giving his
testimony he said: II had an order on
Hennessy for SIS. and as I needed that
amount Of money, in addition to /
had. TO pay for a suit of clothes, i went
to Mr.. O'Brien and asked him to cash
the order. He said he did not have the
money, but he gave me a check and. told
me to get IL cashed. keep the $1S and
bring him back the balance. I went to
supper and then went down to Crow
ley's to get the check cashed. ] got to
drinking with some friends and got
drunk. I started back to take the $50
to O'Brien. but on the way went up
into the Combination and got to gam
bling. / played faro n lost $42 of
my own money and the balance of the
check"
Deputy County Attorney Yancey.
who appeared for the state, in cross-ex-
aiming the witness. asked: Did any
one force you to get drunk?"
The witness replied: No"
do you know hat to plead drunk
enness is no excuse for the commission
of a crime?"
"Yes," aid the witness, frankly.
do you know the men who run the
gambling tables?"
I woul know them IL I had been
myself"
What kind Of a game did you play?"
Faro
did you play with chips or money!"
Money"
so you acknowledge that you gam
bled away this money!"
Yes"
Continuing. the witness aid II had
O'Brien's money in my pocket and
"hth q "a iost MI VI his " Il h'oSht
i could win il back, so 1 played his.
but | lost ii all. 1 a no intention of
using the money. but was going right
back and give ii to O'Brien. I had no
intention of doing any wrong and would
not had i not been drunk"
After argument by counsel. in which
Attorney Coombe. who appeared for the
defendant. asked the court to dismiss
the defendant. as II a not been shown
that he intended to defraud O'Brien,
Judge Laurandeau bound the defendant
over for trial, saying he had nothing to
do with the mans intention or with
whether a jury would convict or not, a
doubt as to this point having been
raised by counsel; the defendant con-
fessed his guilt and he had no discre-
ton but TO bind him over. The defend
ants bonds were fixed at $500. He was
unable to furnish bonds m was COM
mitted to the county jail to await trial.
A complaint was filed In Justice Laur-
andeau's court yesterday against Gus
Lane. a man arrested a few days ago
for stealing a pair of shoes from the
Red Boot shoe store, charging him with
petit larceny. Lane will be arraigned
to-day.