The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-01
IN THE SEvEN-UP GAME
Harrington Tells How He Got
the $4,000 Check.
WAS WON BY JOHN WEART
h Defendant Makes a Motion for a
Non-Suit on the Ground That the
Check Was Received Without
OBSERVATION-DISCLOSURES.

The seven-up game which cost John
A. Leggat $500 and a lot Of expensive
litigation occupied the attention OF
Judge Lindsay n a jury all day yes
terday. A lot of new testimony was
introduced in behalf of Phil J.. Har-
rlngton. the plaintiff. that had not been
brought out at the other trial. The
testimony OF John Weart. who won the
check from Leggat. given at the former
trlal, was read, as Weart has since
died. The game was played in a back
room of Lynch Bros saloon on the
nights of Feb Is and l6. 1885. Harring-
ton, the plaintin, testified that he was
called out of bed at 3 o'clock in the
morning and summoned To his saloon,
where he met Weart. The latter had
owed him an $50 saloon bill and he
flashed a -. 800 check on him and asked
him to take out mis- bill and pay MIN
the remainder. Harrington said Weart
was spirited" but not drunk. Har-
rington always carried a lot of money
in MS safe Tor the purpose of cash.ng
checks. N he paid Weart 81, 100, All
the cash he had on hand.
As soon as the banks opened he sent
out for some more money and paid him
the balance. The check had been
uIdNn DN the Butte a Boston COM
pany, ana was payable To Leggat. Har-
ringIon said he asked Weart NJ he mad
seen Leggat endorse il. and Weart said
he had. Harrington noticed that the
signature was nor inst axactlv Iixa
Leggats ordinary signature. shortly
after Harrington had paid the check ne
met Jack Donovan,w who had also playei
In the game. and learned from him for
the first time that il had been won by
W earl IN IA game of cards. He then
took IL to the First National bank and
presented it for to Teller w.
e. Bachelor, who reached for the money
to pay il, when Harrington told him
that there was some trouble about the
check, and the result was the bank re-
fused to pay il. Harrington afterwards
saw Leggat at Lyncn's saloon. and
asked him why he did not have Weart
arrested IL there was anything wrong
with the check. and Leggat replied that
the check was good for its face, and
that IL was none of ~rringto id
business.
Peter Breen testified that he was in
H~arrington's saloon and saw Harring.
ton pay the balance of over 500 on the
check, and heard him remark TO Weart:
That square us, now"
Anthony Shovlin. who draws a salary
as county game warden. testified that
he was in the saloon when Weart came
in and said he wanted 10 square up his
account and go to the springs. Har-
rington was sent for and Shoylin saw
him pay the money and heard him ask
Weart il he saw Leggat endorse the
check.
Tim Holland. the bartender. testified
to the same effect. and w G.
told about the incident at the bank. He
said the signature of Leggat on the
cneck was not a ROOD one. and il IL had
been presented for payment by a
stranger he would have regarded the
endorsement as suspicious.
A man named Mckenna testified that
he kept tab on the game for Leggat.
The latter first bantered anyone 10 play
for s. or $40 a game, and Weart took
him up. They played until Weart had
won apout 1000. and then he wanted TO
quit, but Leggat protested and Weart
agreed TO play on II Iecgat would on
dorse the check, which he did. and il
was then deposited with the bartender
The game continued until Weart had
won the whole amour, of the check.
He then asked the bartender for IL. but
he refused to give il up until Leggat
ordered him to do so.
w. T.. Deeney testified that a day or
two following the game. Weart depos-
tied i'm his safe about g. 200 for sa fe-
keeping and left il there for several
days.
At the conclusion of the plaintiffs
case. A. ]. Campbell, counsel for Leg
gat, made a motion for a non-suI, on
the following grounds:
First, that the evidence upon the
part of the plaintiff conclusiyely shows
thai the check was obtained from John
A. Leggat by one Weart. by
and without any consideration passing