Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-13
DEFENSE Of
JOHN KNIGHT
Mixed the Bond Money With
His Own Cash.
ANIMUS OF PROSECUTION
Witnesses Testify to Knights Good
Reputation-Once Knocked
Man Down.
ANIMUS OF PROSECUTION

The trial of John B. Knight, charged
with the larceny of Sis that had been
placed in his hands as an indemnifylng
bond while he was performing the duties
of constable in Justice Smiths court at
South Butte on the 25th of last August,
was commenced in Judge Clancy's court
this morning. The state vas represented
by C. F. Kelly and the defendant by J. NJ.
Hinkle and Thomas Morrin. Knight is
we'll known in Butte and for this reason
the work Of securing a jury was not easy.
The twelve consisted of Major S. H. AL
mon, Peter McDermott, Peter McCabe, w.
F. Packard, H. S. Clark. Patrick Walsh,
Henry Martin, Robert Elliott, Thomas
Coughlin, Daniel Cohan. Samuel Barker
and w. H. Abbot.
After Mr.. Kelly had stated to the jury
what the prosecution expected to prove,
Mr.. Hinkle addressed the gentlemen. He
said it was true that knight held the po-
sition of constable and that the money
with $35 more had been placed in his
keeping as a bond, but it would be shown
that Knight got to drinking and mixed
the money with $50 of his own cash. It
would be further shown that he had turn
ed the money over to r. w. Sampson for
safe keeping and had drawn it again;
tAAAk W. ~ AANS" AAINN kAN AAAA
ton against him and had no desire to
prosecute the case: that the person be-
hind the deal was one who desired his tes-
timohy in a civil case and to insure his
presence in cour had him arrested in
Idaho and brought back to Butte.
Samuel M. Nixon, who gave the money to
Knight, was the first witness. He said he
knew knight; that suit had been brought
against Samuel Nixon senior for $65 and
Knight had acted as constable in levy.ng
an attachment on some property wned
by the defendant in the civil action. To
release the attachment witness said he
had given Knight $3.50 to keep until such
time as he could secure a written bond.
The money belonged to his father.
Knight had given him a receipt for it.
Subsequently he had demanded the return
OF the money. He had found knight in
the Original Mug saloon and while he did
not consider him drunk his general APP
p%earance indicated that he had been
drinking. Knight told him he had the
money in his safe at South Butte and
they would go and get it. They had gone
and when they arrived at Knights home
Knight admitted that he had only $35;
that he had lost he balance gambling.
He turned the $35 over to witness. AS to
the Sis balance, witness said it had been
paid last Friday to the person holding the
claim and so far as he knew no agreement
In regard to the prosecution of the case
had accompanied it. Mr.. Nixon further
said he had seen the money paid. 1t con-
note for $50 payable on demand.
At the conclusion of Mr.. Nixon,s tas.
hmony MI. Hinkle submitted to the court
a motion to Instruct the jury to acquit
me defendant, basing it on the ground
show that the alleged crime had been
committed. II will read some author
11les IN support of the motion said Mr..
II don't want to zeal you at ALL" ans
werea the Judge. The motion is over
n. w. Sampson testified fol. the de.
Iense. he said he knew Knights repu-
tatlon for truth and veracity and it was
good. Last August the defendant had
entered the Silve Bow brewery, of which
ne. witness, was manager, and turned
over to him a roll of money Amounting
to over 500. Witness placed the MONEY
IN the safe and a few days later Knight
returned and got It. When the money
was deposited Knight mentioned the fact
that 1t Was bond cash and he wanted
witness to take care of it.
Robert Leonard, clerk in Judge Lind
says court, testified that m day in
saloon on East Broadway. He was
drunk and had about $3.50. On account
or MS condition witness said he had asx-
ca MN Tor the money and Knight sur
rendered $3.50 which witness turned over
to the barkeeper with instructions to NOT
return it to Knight until he ordered it.
Two days later Knight had received tho
money back again. One reason why ma
had requested Knight to surrender the
money was because he had heard MIN
say 1t was cash belonging to someone
else.
Justice F. A. Nichols testified to
knights previous good character. He
had never heard a word spoken agains,
his reputation for honesty.
Carl Nlvers said Knight possessed a
good reputation. but for a week or ten
days prior to the placing of the $3.50 In
his hands he had been on a drunk and
was in no condition to do business.
+. L.. Wood and c. C. Rhodes also ties.
titled as to the good character Of the
defendant.
knight testified In his own interest.
"Mr. Knight" said Mr.. Hinkle, were
you ever arrested before?"
Yes. sir" came the prompt response.
Il once knocked a man down for calling
me a General Grant ---- I
was charged with assault. So far as q
accused Of one"
The defendant further said that like
many old-timers he INDUCED In an oc-
caslOnal drink and sometimes two. He
proceeded to tell the cause for indulxine
too much about the time the $50 was
given him. but an objection was made
of causes for getting drunk"
The defendant said he was satisfied he
a not lost the money gambling-he
felt sure he had deposited it somewhere
for safekeeping; that since his release
from jail he had tramped the streets with
a view to finding the place, but had not
gambling Transaction In the Origlnai
Mug saloon on East Park street, he had