The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-15
A CHARGE Of FORGERY |
H. L. Luke Given a Preliminary
Hearing.
THE CASE WAS DISMISSED
Cohen and Carr, Accused of Crinninally
Assaulting Mrs. James Dillon, Ar
raigned and Their Hearing
Set for January 20.

Harry L. Luke had preliminary
hearing before Justice Harrington yes
terday on a charge Of forgery, resulting
in the dismissal of the case on the mo-
ton of the county attorney.
On Sept. 80 Luke borrowed SIS from
Abraham Itkin, giving him joint note
signed by himself and William Owsley.
the city and payment was demanded of
Owsley. He denied having signed such
note and Itkin began suit to recover
The case was heard before Justice
Burns and judgment for costs was rem
dered for the defendant Itkin appeal
from the fact that the testimony taken
before Judge Burns pointed to a forgery
having been committed, the matter was
brought to the attention of the county
attorney and warrant for Luke's
arrest for forgery issued. Luke was in
California at the time and upon being
located by the authorities asked and
was allowed to return without an officer
being sent for him, He arrived in
Butte several days ago and his hearing
came up Yesterday before Justice Har-
pearng for the state and Attorney
Thompson Campbell for the defense.
The complaining witness, Abraham
Itkin, was first called to testify for the
state. He said Luke came to him with
a note signed by himself and Owsley
for $75 and he let him have the money
Upon presenting the note to Owsley for
payment, Owsley denied having signed
it. q
William OWsley was next called He
testified that on date previous to the
date of the note he was in McGovern's
saloon, on Main street and some papers
We're presented him to sign. The pen
handed him was Door and Luke went
out and got a stub pen for him. He
could not recall that the note was one
of the documents he signed and did not
believe he had ever signed it. On cross
examination he said he vas positi, Re
had never signed it. Witness wrote his
name several times on a piece of paper
for the purpose of comparison with the
signature of his name on the note.
For the defense Luke testified to
presenting the note to Owsley in Nc
Governs saloon and asking him to sign
it. He was unable to use the pen given
him and witness went to Evans book
store and got a stub pen and Owsley
then signed the note.
F. j.. Morris, bartender at Meow
efll ; saloon, EslllennDtreu the matter OF
the pen. but lie could not say what pa
pers We're signed.
E. B. Wenrick of the First National
bank was called and exhibited several
documents signed by Owsley and was
asked to compare the signatures with
that on the note. He found a similarity,
yet difference between them.
At the conclusion of the taking of the
testimony Mr.. Connolly stated he did
not regard the evidence sufficient to
warrant taking the case to the district
court, and asked for dismissal, which
was granted.
Phil Carr and Ike Cohen, the two
rustlers captured recently in Idaho,
who are accused of criminally assault
ing Mrs. James Dillon al her home west
of the city some time ago. We're arragn-
ed yesterday before Justice Harring-
ton on the two charges brought against
them, criminal assault and assault in
the second degree They demanded a
hearing, which was set for the Goth,
and both We're committed to jail in de-
fault of $500 bail each.
William Ling, arrested for assault in
the first degree on complaint of Mrs.
Laura Johnson the day before, had his
arrangement before Justice Harrington
yesterday His hearing was set for the
18th and his bonds fixed a. $500. re was
unable to furnish bail and was com ait
ted to the county Jail.