Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-20
Was Not Given Money to Play
Slot Machines.
WHEELER'S PROSPERITY
'ftad Money to Burn" When He Lett
Montana and He Spent 1t
LaviShly.

Several new af1davits were filed this
morning in the United States court in
the motion Of E. Rollins Morse for a new
trial in the Michael Dewitt case. One
of the affidavits vas from Joseph N.
kenck one of the jurors in the case.
The affidavit was in rebuttal of one filed
by O.. A. Kenck in behalf Of the plain
tiff in support Of a motion of a new trial
in which it was alleged that Juror Kenck
had stated that Sam McMurran and w.
H. Crabtree had given the juror money
to play the nickel-in-the-slot machines
in different aloons. 7 QJt s@ss
Juror Kenck denies all of the allega-
tons contained in 0. A. Kenck's affida-
Wit; denies that he was ever given money
to play the slot machine; denies that he
said McMurran and Crabtree were in the
employ of the Heinzes and as a matter
of fact does not now know that they were
or are in their employ.
He also denies that he ever stated that
when he desired or needed a drink or
cigar, he would obtain the same from
McMurran or Crabtree or hat he at
times called them or either of them
across the street. He admits that one
occasion he was playing the slot machine
at Woodman's Cigar store in Helena,
when McMurran was present, n having
lost in the machine, saw a cigar in Nc.
Murran's pocket and appropriated the
same which he proceeded to smoke, but
affiant says such things as taking a cigar
from another mans pocket often occur,
and he thought nothing of it at the time
nor does he now. Mr.. Kenck says he
visited several saloons and cigar stores
in Helena during the progress of the trial
and McMurran and Crabtree may have
been in the said saloons or cigar stores
on some Of such occasions.
Another affidavit was from Sheriff T.
j. Davidson of Lewis n Clarke county
relative to Eustace Wheeler who made
! the affidavit rejecting on Hon. r.. d.
Weed. Sheriff Davidson says that in an
action now pending in the Helena courts
it became necessary to attach the prop
! erty of Kleinschmidt Brothers Console
dated and to place a keeper in charge
Wheeler called him up by telephone and
isaw that he had had a conversation with
I'M. ]. Haley, the undersheriff concerning
the appointment of him, Wheeler, as
keeper of said property that he was very
anxious to be appointed as he was very
hard up and in great need Of money.
1 According to the affidavit of Thomas
r. Carson, a resident of Great Falls,
Wheeler had none to burn after he left
Montana. Carson says he knew Wheeler
cutie we'll during his residence in Helena,
/ While Carson was returning from a trlI
east he reached Kansas City on March
S, 1900. He stopped at the Midland hote
where he met Wheeler who was drinking
in the bar-room of the hotel. Carson
says he had a lengthy chat with him
Wheeler was spending money lavishlJ
and seemed to have plenty Of it about
him. He bought the drinks several time!
and asked Carson to take in the towr
with him that night, which affiant de
clined to do. During the course of tint
conversation Carson says he informed
Wheeler that he vas returning from
Washington City, where he had gone tt
jattend the Clark Investigation. Wheeler
laughed and remarked. You fellows ar,
not the only ones who can take lont
trips and have money to spend. In view
Of what had just been said between
them Carson understood Wheeler t.
mean that the witnesses who had gon'
to Washington on the Clark investiga
ton matter were not the only persons
who could take long trips and spent
money lavishly. stss
C. F. King and Ed Coulter, two cal