The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-02
Will Return a Sealed Verdict in
the Seven-Up Suit.
THE DEFENDANTS CASE
They Attempted t. Show Tha There
Was a Conspiracy Between Harring-
ton. weart and Donovan-Leg-
gat Had Been Drinking.

oht SaNn "a ~ iii Vl Nlatu pay .
ment was stopped. was concluded in
Judge Lindsay's court late last night
and submitted to the jury. The result.
however. will not be known until this
morning. as the court the
jury to return a sealed verdict.
The defense began the presentation OF
its case yesterday morning. a. J. Camp
bell. in his statement To the jury. said
he would show To the entire satisfaction
OF the jury that the only money that
passed from Harrington TO Weart for
the transfer Of the check was three SO
gold pieces and that the gold was
handed to Weart. then TO Donovan and
then back to Harrington. 50 that DonO-
a might b. able TO swear that he had
seen money passed. and Immediately
after 10 o'clock on the morning of the
transfer Harrington N Weart ven
into Lynch's saloon and Harrington
said there. in the presence Of witness.
that he would settle for $3.50 or $500.
Leggat. who was then still under the
influence OF liquor. aid he would give
$50 for the return OF the check. just TO
get out OF IL. but some Of his friends
interposed an objection and said they
would not permit him even TO pay 50
cents for il. as they knew he had been
robbed of it. Mr.. Campbell said it
would also be shown that there was
a conspiracy between Harrington.
Weart and and that the check
was turned over TO Harrington for the
urpos OF making ii appear TO be in
the hands OF al innocent purchaser.
John A. Leggat was the first witness
for the defense and he admitted maxi
ing the endorsement on the check. He
said he was under the influence Of liquor
at the time. He told where he had
taken drinks before going to Lynch's
place. He found Weart at Lynch's
place and began playing pool with him
for 30 cents a corner. He did not re-
member much about that. however. and
then they started playing seven-up. He
was drunk but sober enough at one
time to notice that Weart held seven
cards. Weart won every game. and
they played all night. Leggat woke up
In a back room of the saloon at 9 o'clock
in he morning and he wondered how
the devil he got there" When he
woke up, Harrington and Lynch came
in and Lynch told him he had stopped
payment on the check out of which he
had been robbed. Leggat said he never
gambled when he was sober. He once
played a seven VI game with Harring-
ton and lost all his money and gave a
check for 500 10 Harrington. The
check was thrown out of the bank be-
cause Of the o signature. He was
also drunk at the time he signed that
check. Mr.. Leggat said his condition
at the Weart game might nave been
due to the poor liquor he drank. but
he had an idea he was 'doped."
Ed Lynch, the next witness, said Leg
gat was in the saloon on the evening
OF the game and was very drunk. He
exhibited the 81. 500 check n Lynch
told him he had better let him have IL
and he would put il in the safe and
keep it for him, but Leggat would not
let him have ii. Lynch then went home
and when he returned the next morning
he found Leggat asleep i'm a back room
and appeared TO be in a stupor. Lynch
learned that the check had been taken
from Leggat and he went around to the
banks and notified them not TO cash the
check IL presented. When he got back
to the saloon Weart and Harrington
came in and Lynch called Weart into a
back room INC asked him how about
Leggats check. Weart said he had won
il. and Lynch told him he had better
say he stole IL, and Weart replied:
Well. 10 tell you the truth, Ed. | gave II
To Phil Harrington and he Is going TO
get IL cashed for me-"
Lynch returned to the bar room and
alike 10 Harrington about IL and the
latter told him he had paid Weart 81, $50
in cash for the check. About an hou
later Harrington came back again and
wanted to see Leggat. He said he had
cashed the check and would like to set
tie the matter. He said he would take
$3.50 or 5000 for the check. Leggat came
in and offered him $50 for II. but Lynch
"a he would not let him pay 80 cents
for IL. and hat he would not allow any
man to be- ~fim-fiammed that W a in his
house. He said he did not believe there
was a business man in town who would
cash the check on that signature.
John A. Cannon testified that he saw
Leggat. Harrington and Weart in the
saloon fh. MORNING after tho GaNyln-rrn
game and Leggst was very fun. Har-
rington spoke up and said there was
something wrong about the check and
advised Leggat to see his lawyer and
have the thing fixed up. Harrington
said $3.50 or $500 would settle IL. Leg
gat offered $50 but Cannon and Lynch
would not permit him TO do so.
G. :. Hun was in the saloon the eve
ming just before the game started. Leg
gat was trying to play pool. but was
So drunk he could not hit the balls with
his cue.
John r. Forbis was called as a wit
ness and testified that he tried the case
formerly for Leggat n at that trial
Deeny. Holland n Shovlin, Breen and
Bachelor were not witnesses at the
trial. James Donovan was a witness
at the former trial. The last time For
bis saw Donovan was shortly before the
supreme court decided the appeal.
calleu AT FolDis Oiltt anu
made a statement as to how he and
weart got the check from Leggat and
told about Harrington's connection. He
was under the influence OF liquor at the
time and he called ON Mr.. Forbis and
said Harrington had kicked him out OF
his saloon and had threatened to send
him to the pen II he did not leave town.
said Weart got the check by
unfair means and ~swindling. Donovan
said he and weart went to Harring-
toms saloon and Harrington passed
three so gold pieces 10 weart. and then
they were passed back and forth be-
tween the three of them, so he had tes-
tined at the former trial that large
quantities Of money had passed for the
check. D~onovan's wife had advised
him TO go 10 Mr.. Forbis and make a
clean breast of IL.
l.. q. Evans testified substantially as
Mr.. Forbis did and farther that Dono-
van said he knew Harrington woul Kill
him for making the confession.