The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-25
five DOLLAR BILL
FORMED THE BASIS OF A GRAND
LARCENY CHARGE.
FRANK O'NEILL TRIED TODAY
Trial Held in Judge McClernan's Court
-O'Neill Accused Of Picking an
Old Mans Pocket-Victim
Was Drunk.
FRANK O'NEILL TRIED TODAY

was OTuuAs
A five dollar bill is a small thing. yet
! It is sufficient basis for a felony charge
| that may result in putting man in
| state prison. Frank O'Neill is aware OF
| trat fact Taking money from the per-
| son of another is one form of grand lar
| ceny. O'Neill was charged with this
| offense and his trial by jury was be-
| gun before Judge McClernan this morn
| ing.
O'Neill was charged with abstract
ing S. in the form of a bill from the
| pants pocket of an old man named
Hiram Mckinney, at the All Nations sa-
loon, on Galena and Wyoming streets. on
the night of August /. Mckinney had
come in from PocatellO with money to
burn, and he and O'Nell, who were
friends. were out taking in the saloons.
Police Captain Evarts saw O'Neill in
the act of going through McKinney's
! pockets while the latter sat in chair
drunk, and, with other officers who were
| present. arrested the former.
The case opened at about II o'clock
this morning and went to the jury at
about half-past 8 o'clock this after
noon.
Mckinney was the first witness for
the state. He was an old grey-haired.
be-spectacled, mild spoken man, dressed
in blue overslls and jumper like a rustic.
How much money did you have the
night you were out with O'Neill?" Dep
uty County Attorney Yancey asked him.
Il must have had about $685." McKin-
ney said.
| What kind of money was it?"
MOSTLY paper
Where did you have your money!"
| "As near as I can remember I had
about SIS in my pants pocket. The rest
was tied around my left ankle in hand
kerchief under my SOCK"
The witness said that he went out
to the saloons with the defendant; got
drunk, and later missed some money
that he did not pay out for drinks.
How much did you lose?" he was
asked.
II think was out about &c." he re-
piled.
He was pretty sure that he was loser
about SO above what he spent. But in
the cross-exa mination he admitted that
he did not know positively what money
he had. He was pretty full that
evening, but the mental record was not.
|
anybody took any Of your money that
EVENING"" Lawyer Merritt, who de-
Tended ONeill, asked him.
| mo, sir; I don't know that any par
ticular person took anything from me,
but know I was out that much money!"
For a man who was too drunk to
keep tab on other things he was singu-
| lGrly positive of the state of his ex-
chequer and the deficit it showed.
Captain Evarts testified about arrest
ing O'Neill and about detecting him in
the act of going through Mckinney.
What did you see O'Neill do at the
All Nations saloon?" he was asked.
II saw him stick his hand in the old
mans pocket and then stick it in his
own pocket" he answered.
What pocket of the old man did he
put his hand in?'
| HE put it in the old mans pants
pocket"
What of his own pockets did he put
the bill in?"
Put it in his coat pocket"
Did you arrest him2"
Yes
What money did you find in his coat
pocket?"
"A f1ve-dOllar BILL
Evarts' testimony was corroborated by
Officers McQueeney and Conlin, who
shared in the arrest.
The defendant took the stand in his
own behalf and related that he went
out on drinking tour with Mckinney,
and that at the All Nations saloon the
latter could not find his money to pay
for the drinks. and asked him to search
his clothes for it. He searched McKin-
ney's pockets, but did not find any
money, he declared.
He said that he started out with $40
of his own and that the bill found in
his pocket was his property. On cross
examination he denied that he took
McKinney's money.
You heard the officer say you took a
tive-dollar bill from the mans pocket ?
Didn't you do that?" Mr.. Yancey said.
mo, sir: 1 did not" the defendant re-
piled.
One of the o:cers testified that ONeil]
first denied that he took the bill from
Mckinney, but afterward admitted that
he had taken it. hut said that they were
friends. O'Neill denied hat this was So
You searched the old mans pockets
did you?" Mr.. Yancey asked.
Yes, sir: he asked me to search him
and l did," O'Neill replied.
The barkeeper Of the All Nations sa-
loon testified that he believed thai
: ONeill was helping Mckinney to search
his pockets. He was closer to the men
than any other Witness
Mckinney was recalled by the defense
and admitted that in a deposition he
had made in 1.-THE case he had said tina,
he asked O'Neill to search him for his
money. But he could not now remem.
Der making the request.
DISTINGUISHED GREEK is HERE