The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-19
ANACONDA NEWS.
BANKS IS DISCHARGED
County Attorney Dismisses the
tPawnbroker Record Case.
WAS A LACK OF EVIDENCE
The Testimony OF the States Witnesses
Was Such That the County oriciais
Did Not Believe a Conviction
Could Be Secured.

HAhjamin Banks, a pawnbroker.
charged with violating section $40 of
tie penal code. providing for the keep
ing of a correct record of all pledges
received. vas discharged yesterday in
Judge Fftzgerald's court. The case
against Banks was dismissed on mo-
tioEof Assistant County Attorney Self,
MN did not believe that the states
eve8knce was sufficient TO warrant a
prosecution. This lack of evidence was
not discovered until a part of the
states testimony had been introduced.
when IL became apparent that IL were
useless to go ahead with the case.
The complaint in the case against
Banks was filed by the county attor-
neys Office upon complaint of Peter j.
Bo1le. Boyle told Assistant County
AtS3tney Self his story "A great deal
Slaughter han IL appeared at the trial
yesterday. 1t seems that the real facts
in the matter are that on March 70 last.
Boyle sent a man named Doyle to
Banks pawn shop with a watch. Doyle
represented hims elf as Il. j. Boyle and
got SO on the watch. The pledge was
20 be redeemed within Is days. The 10
days expired and Banks sold the unre-
derued time piece. Afterwards Boyle
week after the watch, but as IL had
VteX Sofu It u sot 80 ~
A~drording to the story of Doyle on
dirNft examination. Banks refused to
give him a receipt when he went to
pawn Boyle's watch. He testified that
Banks had told him that 'he didn't do
business that way"
on cross-examination. however. II
appeared hat several days had
elapsed between the date upon which
the. watch had been pawned and the
da(iupon which Doyle called for n re-
vi states witnesses got rather bad
~ mixed up in their testimony upon
cross-examination. and as soon as their
stories began TO conflict. the case was
dismissed on motion of the county at
torney.
Mr.. Banks afterwards showed his
books. The transaction complained of
rs apparently straight So far as the
pal nbroker is concerned. Mr.. Banks
had a book which might be called a re-
ceipt book. When a pledge is left at
the shop. the person leaving II signs a
bill of sale to the ~pawnbroker for a
certain consideration. and when IL IL
redeemed. the broker signs a bill of
sale to the person h left IL for the
original consideration and interest. In
Mr.. Banks receipt book there was a
page which showed that the receipt
had been made out according to GUS
tom.
The explanation is that when Doyle
came into the shop with the watch. he
turned and left as soon as he got his
$40. without giving Banks time to make
out the bill of sale. Banks says that
he CAV the man his money N turned
to I'LL In the blank spaces. but when he
came back from the desk Doyle was
gone. All of the pages in the receipt
book were torn out. except the one re-
ferring to the transaction in question.
which would tend Ia show that Banks
had made out the receipt. but had been
unable to deliver IL.
Boyle claims the watch is worth SIS.
while Banks says II is worth about SIS.
Banks stated that If Boyle wanted the
watch back he could get IL for him
upon the payment of the principal and
interest. Mr.. tank was represented
by j. II. Duffy.