The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-14

money he would squeal. Mclean also
told the defendants they would hav to
whack up or there would be trouble.
Patrick j. Ryan. a blacksmith, who
lives at the Southern hotel, heard the
same conversation.
A. G.. Tower. employed by Pat Null
Inns, heard the conversation i'm the
Southern hotel washroom. Both Hin
ton and clean demanded a divvy of
the money.
The defendant Ryan said he was a
blacksmith by trade. Last Friday he
went to the track. and he and Deering
bought a ticket on the field in the last
race. Oman Wood was in the field,
and won, and they went to cash the
ticket. He could not say how Deer
ing came to intrust Hinton with the
ticket to cash, but he did il. and Hin
ton got the money. He then turned
around and said. Here's a ticket that
is good at the Butte hotel. You take
this and I'll keep the money" Witness
said he would take the money. and Hin
ton handed IL over. That evening he
came to the Southern hotel and said
the ticke was a bogus one, and unless
the money was cut up he would squeal.
Witness refused to divide up. He did
not know the ticket was valueless. and
did not know il yet. as the horse that
80 was III Nft AltAa "ht Nv Ai1htl
was bought. Witness did not say II
was pretty lucky to get a bad ticket
cashed. On cross-examination the wit
ness said he had given his initials as
j. r. when BE bought the ticket. Wit
ness said Hinton could easily have
changed the ticket when he went to
cash II.
Deering took the stand. and said he
was in on a ticket with Ryan. for which
he had paid Sc for the field. with Oman
Wood i'm the field. Oman Wood came
In. and witness and Ryan started to go
cash the ticket. AS they reached the
scalper's stand they. met Hinton. who
said pools were not paid at the track
on the last race, but he could get II
cashed. He was given the ticket. and
did get il cashed. He then offered the
defendants mother ticket for the same
amount. and asked them to take 1t TO
the Butte hotel n get II cashed and
allow him to retain the money he had
got. The defendants declined, and Hin
ton gave them the money. Witness
said he never said 1t was pretty lucky
to get a bad ticket cashed. and he had
never seen the ticket in evidence. Hin
ton. the evening after the race. claimed
the ticket had been bad, and demand
ed a divvy. which was refused Cross
examined by Mr.. Yancey. the witness
said he did not snatch the money from
Hinton, but merely took IL when he held
out his open hand with the money in
Ii.
Mr.. Yancey stated at the close Of the
case for the defense that ii had not
been shown the crime charged had been
proven. but a case of obtaining money
under false preetenses had. n as the
statutes provide that the specific charge
need not be proven. but that the de-
PENDANTS in a criminal action must be
bound over IL 1t appears a public crime
has been committed, he asked that the
defendants be held for trial.
Mr.. Clinton said he did not believe
the statements of reputable citizens
would be viewed by the court as un-
truthful in comparison with race track
touts, who make a living by gambling
and sharp practices. All the witnesses
for the defense had been of the for
mer character. and all for the state,
with one exception, had been of the lat
ter. and that one admitted he only
wanted his money back. and would not
prosecute II he could get II.
At the conclusion of the argument,
Judge Laurandeau discharged the de-
PENDANTS and an order on the sheriff to
release Hinton was issued by Mr..
Yancey, as there appeared no good
grounds for holding him..