The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-23
RESULTED IN A FAILURE
An Effort to Enforce the Pay
ment of a Bet.
THROWN OUT OF COURT
h Case of Chauncoy Harris Against
d.. d. McGregor-People Who Bet
Must Rely Upon the Honor
of Their Anniversaries.

Another effort to use the court 10
enforce the payment of a bet resulted
in failure yesterday when Judge Lind
say threw out of his court the case of
Chauncey Harris against ID. ID. Nc
Gregor. "a suit to recover judgment for
$500, the amount of a bet put up in a
noted jobbed foot race between Yves
B~arnaman, a Butte barber, n a
ringer from Utah who went by the
name of j. III. Smith. The latter turned
out To be Il. G. Morris. a professional
foot racer. who came to Butte on a
brake beam n got into the conf
dences of a umbe of Butte firemen.
A race was fixed up after the firemen
had learned that Smith was a great
foot racer. He was backed by Firemen
Larry Hansen, John Mills, II. A. Kin
ney and Chauncey Harris. Barna-
mans chief hacker was Joe Verdon,
also a barber. who interested Nc
Gregor i'm the matter. They put up a
job with Smith, or thought they had,
by which Barnaman was to win. ZACH
side put up 5000 in the hands of Nc
Gregor as stakeholder. and the money
put up was used by McGregor n his
friends to make some side bets. The
race, "a 60-yard dash. was run at the
race track. Police Officer Gabert acted
as referee. The ringer from Utah ran
IL out on Barnaman. and there is no
evidence hat he has yet stopped run
ning. The fremen demanded their
money. but McGregor had been notified
by the other side not to pay 1t n a
suit for II was brought in the name
of Chauncey Harris, and came on for
trial yesterday. Attorney Kohl APP
peared for Harris and John w. Cotter
for McGregor. A jury was called and
John Gabert. the referee in the race,
was called as a witness and testified
that he knew both Rarnaman and
Smith, the men who contested in the
race. The witness was asked as to his
duty and action as referee, and Attor-
ney Cotter objected to the introduction
of any testimony on the ground that
the plaintiff could not recover on a bet
or wager. and that an action could not
be maintained i'm any form. Mr.. Cotter
referred to the recent decision of the
supreme court in the Morrison horse
racing case from Fergus county, in
which a distinction was drawn between
a purse offered by a racing association
and n bet made. He read from the
Standards report of the supreme court
decision in the absence of a regular
copy of the decision.
Judge Lindsay sustained the objec-
ton, and in doing so said he had not
positive knowledge of the supreme
courts decision, but said that since he
passed on the matter in overruling the
ueIluTTtT Oh ueIenudnt 10 the afnenueQ
complaint some time ago. he had occa-
sion to give actions OF similar charac-
ter further consideration. and i'm his
judgment believed the demurrer to
have been well taken n that it should
have been sustained. Continuing. the
court said:
In "A suit determined by the supreme
court of the state of California, report
ed in volume 81 of the California re-
ports, at page 7S, that being one of a
number of similar actions passed upon,
the court, i'm effect. held that actions of
this kind could not be maintained. The
views of the supreme courts of many
states are identical with the opinion
expressed by the supreme court of Cali
fornia. The action determined by that
court was n to recover a wager al
legged by the plaintiff to have been
made won by him on the result of
a horse race. Defendants. who were
Stockholders, demurred to the COM
plant and the superior court overruled
the demurrer. The defendants then
answered, alleging hat a third party
had won the bet and that they had paid
him the money. The supreme court re-
manded the action. with directions To
dismiss the action. As stated by the
supreme court of California in the de-
cision referred to. the tendency is to re-
strict rather han to enlarge the COM
mon aw rule. holding that such actions
are maintainable, and IL has often been
regretted by the judges, even in Eng
land. that such actions eve should
have been maintained I'm courts of JUS
tice. If parties will engage i'm betting.
they must rely upon the honor and
good faith of their Anniversaries. and not
look to the courts for relief. The court
will not undertake to sit in actions of
this character and the objection of the
defendant to the introduction of any
testimony under the complaint is sus
aimed"
The court then discharged the jury.
and on motion of Mr.. Cotter the costs
were taxed up to the plaintiff.