The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-23
HE TOOK HIS own BOOK .
But the Jury Held His Act Was
Larceny Nevertheless.
CHRISTENSEN is GUILTY
The Fine Placed at One Dollar-He Tried
to Save His Account Book When
the Constable Served an
Attachment.

Whether or not creditor who tries
to get away with his books in the face
of an attachment is guilty of larceny
is a question that was debated long
and earnestly before jury in Justice
of the Peace Devine's court room yes
terday. The jury finally decided he
was guilty, but on the principle that
1T is sin to steal a pin:
To steal a later is a greater
And fixed the punishment at fine
of 81.
The trouble began on Monday, when
Constable Lynch went to A. Christian
sens place of business on Cedar street
to serve an attachment sued out by the
Copper City Commercial company to
secure payment of bill Of $6S, which,
by the way, christensen denies he
owes. While serving the attachment.
of removing a book from a drawer and
concealing it under his coat.
Lynch accused Christensen Of trying
ITO get away with the book. Christian
sen said it was his book and he had a
right to it. They didn't come to blows,
but they talked like it and finally the
constable arrested Christensen and
took him to the station. There the
book was rescued from under Christ
lansen's coat when he was searched.
Now the constable wanted this book
particularly. 1t contained the names of
Christiansen's debtors and the amounts
they owed him and would be handy in
case it was desired to garnishee.
Yesterday afternoon Christensen
was tried before jury in Justice De-
vines court Constable Lynch told the
story as related in the foregoing. Mr..
Walsh had witnessed the affair and
corroborated the testimony. ]. p.
Duve, who was employed in the store,
had been present, but his recollection
of all that happened was not good.
The defense, which was represented
by Attorney John w. James, argued
that the book was Mr. Chrstiansens
property and that in the taking no lar
ceny could have been committed. He
held that if christensen had been
guilty of any offense it was that of con-
tempt.
Prosecuting Attorney Duffy, in reply,
argued that the book, while the prop
erty of Christensen originally, by the
serving of the writ had passed to the
constable under the special ownership
created by that writ. He argued along
these lines at some length
After the matter was submitted to
the jury that body evidently continued
the argument for there was lengthy
ueDdtG Denlnu the Closed doors OF the
jury room. A verdict was returned af-
ter 45 minutes delfheration, finding
Christensen guilty and fixing his sem
tence at a fine Of 81.
From his own court room Justice De-
vine then went to the police court room
to sit in place of Magistrate j. NJ. Ken
nedy, who was in Butte. The only
prisoners brought before him We're Mrs
Rody and Mrs Boyle. charged. with
disturbing the peace. They are mem
bers of the East End Grower club ar
rested Sunday night at the home of
Mrs. Rody. The case was set at first
for p. M, but later reset for 2 p. m.
to-day
While in the court room Mrs Boyle
smiled graciously upon Prosecuting At
torney Duffy.
Have We seen phwat me husband
has done to me, Mr.. Duffy?' said she.
Il have" said Mr.. Duffy. Hes sued
you for divorce and he's saying some
bad things about you in the suit
$50 he isl said Mrs. Boyle, IAN did
We see tn mon he's put in there? Sure,
old as soon put a hat on pig an kiss
ut as that mon.
And then Mrs Boyle gathered her
skirts about her and Joined Mrs. Rody
in descent to the cells below.