Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-29
Tells How He Came by Caff-
ney'S Check.
CASE GOES TO THE JURY
Prisoner Says He Sold an Interest in
House Cleaning Business
Other Testimony.

Jail twice and married once is the
known record of L. G. Livingston since
his arrival in this city about five months
ago.
Livingston is probably % or 80 years
old. and if his Butte career is to be con-
sidered he is a smooth individual. Last
summer he was charged with having
forged the name of a man to a check,
cashed the check and was arrested on a
charge Of forgery, but when the case
came to trial and the states case had
been presented the defendants counsel
set up the plea that it had not been
shown that the man whose name Living
ston had used had money in the bank,
following it with a motion to dismiss.
Judge Clancy sustained the motion and
the prisoner secured his liberty.
A few days later Livingston took unto
himself a wife and then proceeded to
raise more money via the bogus check
| route. Going to Paxson & Rockefeler's
drug store in West Park street about 4
o'clock on Saturday afternoon. January
- he presented a check for $50 bearing
hat purpOrted to be the signature of II.
3. Gaffney and asked Mr.. Paxson to cash
it. He said he had done some work for
Mr.. Gaffney at the Will House and Mr..
Gaffney had given him a check for his
services. but it was TOO tate for ~presenta-
ton at the bank. The check was accom-
panied by an 0. X. note bearing the ale
eyed signature of DR.. Moore, and Mr..
PaXson. believing the check to be all
right, gave him the money on it. On
Monday the check was deposited at the
bank. but it failed to produce the proper
jingle and was thrown out. Livingston's
arrest followed, but instead of a charge
of forgery being placed against him and
a loophole made through which he could
jump to liberty he was accused of OBJ
tanning money under false pretenses.
To1oVy 1tc %vfo1 vynC nr1 QonnI IN
| Judge Clancy's court. After the prosecu-
ton had rested it's case Attorney Parr'.
/ who appeared for the prisoner, moved for
a dismissal of the case on the ground that
the information did not state the owner
ship of the money paid to Livingston. The
motion was OVerruled n Livingston
proceeded to tell his story of the transact
ton. He said that on January 1 he had
established here what was known as a
house cleaning business because he had
noticed considerable smoke. Harry Calf
ney wanted ar interest in the business:
that he had sold it to him for $50 and the
check had been given him in paymentrfOr
it. Two hours after the check had been
cashed. he said, Gaffney got the money
for flash" purposes and he had not seen
him since.
On cross-examination the prosecution
attempted to show in an indirect way
! that on the day the bogus check had been
passed on Mr.. Paxson the prisoner had
also passed some bogus paper at other
places.
Did you obtain money on any other
checks that EVENING"" asked Mr.. Kelly.
Eyes. sir" was the reply. !
"Where?" 7
II decline to answer
Fred Talon testified that he had known
a man calling himself Harry Gaffney.
Mrs. Talon, at whose house Livings.
ton boarded, testified that she had seen
Livingston give Gaffney three twenty
dollar gold pieces with which to make
the flash" mentioned-the flash was
to be made in the presence of a girl.
This settled the testimony and each
side was given half an hour in which to
present the case to the jury.
The case was due in the hands of the
jury about 4 o'clock.