The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-25
o. TOWNER, a gambler, who was
arrested with several other peo-

~. 4oWNEN, n sdHuDIci, VII was
arrested with several other peo-
pie for violating the gambling
ordinance, Sept. z. of this year, was tried
by jury in Judge McClernan's court
this morning and convicted of the offense
alleged against them. Judge McClernan
will pass judgment on Towner tomorrow
morning at 10 o'clock.
The trial this morning was brief. for
while the defendant had five attorneys
to represent him, and they all sat around
the attorneys table In the court room
In a semi-circle, not one of them raised
q hand or opened his month in his
defense. They permitted him to be con-
victed without quivering an eyelid, and
that was because it was test case and
a conviction was desired.
Game Of Poker.
Towner was arrested on the evening
of Sept. Z in an upstairs room in the
building on the southeast corner of Main
and Park streets by Under Sheriff Nc
Guigan and Deputy Sheriff Quinn. He
was charged with conducting a game
of draw poker when arrested.
The punishment for violating the
gambling statute is fixed by the anti
gambling act as fine of not less than
800 nor more than $1,000.
The state put four witnesses on the
stand who testified to the fact that Tow
ner was conducting a game of draw
poker when arrested at Park and Main
streets. Among these were the officers
who made the arrest. The others We're
two men who were engaged in the game,
Dan Rice and Andrew Thorrig.
Under Sheriff McGuigan testified that
there were eight men at the draw-poker
table. and that TOwner told him he was
running the game. Deputy Sheriff Quinn
said that there were two tables playing
''sluff' for drinks and one playing draw
poker when he and the under sheriff
entered the room.
Mr. Rice said that he saw Towner up
stairs at the Board cf Trade" on Park
and Main streets the night of the arrest
What were you doing?" Mr. Yancey
asked for the state.
Il was playing little draw at that
time." the witness replied.
Were you playing for fun or for
money!"
Playing for silver.
IT was playing for a little silver"
. "Did you win? How did you come
out?"
II made about a stand-o off. I think
I'd a won a little if the game had lasted
a little longer"
who was conducting the gamer"
II think Mr.. Towner was"
Mr.. Thorrig was asked what he was do
ing where the poker game was on.
II was playing draw-poker." he re-
piled.
"Who was carrying the game on?" Mr..
Yancey asked.
'Mr. Towner told me he was conduct
ing the game" Thorrig replied.
Were you there when the officers
came in?"
Il stepped out when the officers came
in," the witness returned. and there was
q slight smile went round.
"Yes, sir; you stepped out. Did you
see the officers?" the, prosecutor went
on.
Eyes, SIR" Thorrig answered.
"When did Mr.. Towner tell you he had
the game?"
'"The day before that"
Towner's counsel, who consisted of ex-
Governor Smith, c. NJ. Parr, J. L. Wines,
George Sinclair and w. H. Levy of Mis-
souri,, whom the court, by courtesy, per-
mitted to appear in the case, waived all
their challenges in the examination OF
turymen. They also cross-examined none
of the witnesses.
No Address to Jury.
They declined to address the jury in
behalf of Towner, and Mr.. Yancey spoke
but briefly in his argument for the
state. Mr.. Yancey said in his address
that the defendants attorneys desired
a conviction.
The jury brought in a verdict in q
few minutes. c. NJ. Parr said to the
court that TOwrer would waive delay