The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-21
WANTS HIS MONEY BACK
MI. McAlvey Gave Phil Harring-
ton $500 to Keep for Him.
IT WAS PUT IN THE SAFE
Mr.. Harrington Refuses to Open theS Safe.
Under Sheriff Murphy Makes an
Af1devit and Asks for an
Order From the Court.

Felix McAlvey, a miner. has COM
planned to the sheriff and county at
torney that he has or ought to have
some money in the safe of Phil ]. Har-
rington, the North Main street saloon
keeper, who was robbed about a week
ago. and who later failed in business.
McAlvey feared hat someone was try
ing to beat him out of his hard-earned
money and he retained an attorney to
look after the matter. According to
the story told by McAlvey he was a
boarder at the Hale house prior to the
fire. He had $500 on deposit with Mr..
Haggerty. the landlord, and the latter
paid him back with a check on the
bank of Hoge. Brownlee & Co.
McAlvey went to the bank to get the
check cashed, but they required some
one to identify him. so he went across
the street to H~arrington's saloon n
asked Mr.. Harrington to go with him
to the bank, and Mr.. Harrington told
him that that was not necessary. as
he cashed checks himself. He advised
McAlvey not to cash the check, but to
leave il in the saloon safe, as he could
then draw on it as he needed the mon
ey and would not be tempted to blow"
1t all at once. McAlvey took his ad-
vice and Endorsed the check. after
which it was put in the safe. That
was last May, and since that time he
has drawn only $50 on the check. After
H~arrington's financial troubles Meal
vey went to him, according to his own
story. for his check, and he was in
formed that the check had been cashed
but that the money was in the safe and
the safe was in the charge OF the
sheriff under an attachment of credi-
tors.
McAlvey m his attorney, Mr.. Car
roll, went to the sheriff for information
about the contents of the safe, but the
sheriff said the safe Mas locked and
he could not open it. and Harrington
refused to do so. Yesterday the sher-
if made the following affidavit in n
of the attachment suits against Har-
rington. in which his brother, Daniel
Harrington. is plaintiff:
Jerry Murphy. being duly sworn,
deposes and says that he is the duly
appointed, qualified and acting under
sheriff of Silver Bow county, Montana.
That under and by virture of a writ
of attachment issued out in the above
court and cause. he has levied upon
and seized and taken nto his posses
sion all of the stock of goods and per-
sonal property situated in the saloon
or store room at No. 225 North Main
street. Butte. Silver Bow county. Mon
III Dtlpil HE " lht oiii
that included in UGH personal property
is one safe. which safe. as afiant has
been informed, and has reason to be-
lieve and does believe, contains a large
sum of money. That the said safe is
securely locked and that afiant is un-
able to unlock the same or open the
same. and that the defendant, as am
ant believes, is the only person who
possesses the knowledge of the comb
nation of said safe, or is able to open
the same. That if the lock of the said
safe is forced. or the said safe is blown
open, the same will be greatly and ir-
reparably injured or destroyed. That
the balance of the property levied upon
by affiant is insufficient to satisfy the
claim of plaintiff or the claims Of sub
sequent attaching creditors of the said
defendant, and that 1T is necessary to
ascertain. in the interests of all parties
concerned. the contents of the said safe.
That the said defendant has refused
and still refuses to open the said safe,
or to convey to this affiant the knowl-
edge necessary to open the said safe
without damage to the same, and that
Ii would cost a large sum of money
TO employ such skilled mechanic or
workman to open the said safe. Where
fore af1ant asks that an order OF court
be made. and that the same, together
with a coz of this affidavit, be served
upon the said defendant, requiring him
to appear before the judge of the said
court. upon reasonable notice, n that
he be required to give sufficient infor-
nation regarding the combination of
the said safe as will enable this afiant
20 open the same and ascertain the
contents of the same without material
ly damaging or injuring or destroying
the said safe"
The ffidavit was submitted to Judge
Lindsay and the latter was requested
TO issue an order to the defendant.
Harrington, to appear in court and
show cause why he sould not be COM
PEELED to open the safe. The judge
said he wished TO look into the matter