The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-25

witness said he had not been asked
about it.
Barney Fitzpatrick was then called.
He was in the cellar on the night in
question, and had seen Griffin there.
He had given 81 to Joe Devine to play
for him. Devine played the money on
the layout. He did not buy chips with
1t. Devine lost the money He did not
know who was dealing. He saw Griffin
and Jack Summerfield (WeatherilD be-
hind the table. There was man in the
lookout chair.
Court then adjourned until o'clock
in the afternoon.
When court reconvened for the after
noon Session Deputy Sheriff Pickell was
put upon the stand. He corroborated
Days testimony about making the raid.
He said he saw chips in the check rack;
he did not see any upon the table or
other place.
James Reed had been in the cellar
only about two minutes when the raid
was made. He saw Griffin there. Grif-
fin was standing when he saw him. He
did not know what game, If any, was
being conducted, as in the short while
he was there he had no time to look
about him.
Ed Otto of Carroll was the next Wit
ness. He was in the basement of the
Reception saloon on the night of Sept.
TO- and was playing there. He was
playing faro He vas given some chips
by Fred Howard. He did not buy any
chips. He did not know where Howard
got them. He thought Griffin was be-
hind the table. Asked whether or not
he had seen any money being used at
the game he said he had seen the sher-
ifs officers counting money after the
raid. That was the only time he had
seen any money. He did not know how
many chips he played. nor did he know
that they represented money or any
thing else OF value When the officers
came he left his chips on the table.
John Harrington, another witness,
said he did not go down into the base
ment of the Reception saloon, but had
remained in the room above.
Gus B. English said he had gone
down into the basement He went down
alone. 1t was about $50 o'clock when
he Went down. He saw IL or Is men i'll
the room. He stood near the door. about
Is feet from where the table was. He
could not see whether there was any
game in progress as there We're Il num-
Der of persons standing between himself
and the table.
Mr.. Trippet then announced that the
states case was completed. and Mr..
Rodgers said that the defense would not
introduce any witnesses but would let
the case go to the jury upon the states
testimony. which. he said. did not prove
any of the allegations charged in the
complaint The attorneys made their
arguments, ana the court then took
recess for an hour. during which time
Judge Brantly prepared his instructions
to the jury.
Upon reconyening the court delivered
his instructions to the jury. They were
Of a general character. Mr.. Rodgers.
during his argument, had made mention
Of the motives of the legislature in pass
ing the gambling law. The court. in his
Instructions, said that the jury had
nothing to do with the motives of ,he
Legislature. Otherwise the instructions
We're of the usual nature as to circum-
stantial evidence.
The jury retired to deliberate at 4:30
o'clock,
The jury did not return into court
until nearly IL o'clock last night after
nearly seven hours of delberation.
When they came into court they
brought with them a verdict of ac-
quittal