The daily journal. (Salem, Or.) 1899-1903, 1902-10-21

with him He then drew a check in
the sum Of about $500. and he was
soon separated from them in the same
way. Before the bank opened on the
following morning Smith called and
ordered payment stopped on the
checks Hodgins then caused the ar.
rest Of Smith on the charge OF issuing
checks on a bank In which he had no
money deposited.
Oscar Hodgins. the prosecuting Wit.
ness. was first called for the state.
Testified he saw Smith 10 Stutesman's s
cigar store on afternoon Of September
10Th. Been IN store an hour when
Smith asked witness 20 loan him S25.
and gave check for H. Then Smith
borrowed S25 more and two further
sums Of $50 each. taking up each orig
inal check when each subsequent loan
was made. and issued new check. rep
resenting 20 tai amount Of loans.
Smith afterward saw witness In Ham.
iltons saloon and borrowed $50 more.
making a total OF 5000 in borrowed
money. Smith represented that he
had lots Of money in bank. Witness
went 10 cash check, and was informed
that Smith had no money in bank.
having drawn II all out OF bank by
check on previous day. Met Smith
same day and defendant claimed that
he would have money from the East
In a few days. and wanted witness 10
wait a few days for his money. Gave
smith money entirely on representa-.
tions that he had an abundance OF
money In the bank Gave Smith mon.
ey on checks In $50 gold pieces. Did
not see Smith spend but a snkn
amount OF money.
On crossexaminatiOn by Ford wit.
ness said check was given about 6
O'Clock In the evening Had loaned
the defendant money before. and was
paid back. Ford asked what was the
nature OF the transactions between
Smith and Hodgkins and other parties.
State objected 10 any question touch.
ing on gambling because OF alleged lr-
relevancy OF fact 10 the crime that
was charged. Slater for defense said
IL was perfectly right for defendant 10
show all transactions attending the
1Oaning NJ the nonev
After some wrangling between coun.
sci, Justice Horgan sustained the OBJ,
lection, and Ford continued the cross.
examination. bringing out the fact
that Hodglns knew after he loaned
Smith the first S25 that the man was
playing the game OF eel" The third
time Smith asked for money. he told
witness that he was playing the
game, and wanted 10 get even with
the game
State objected to all questions per
taining to gambling. and court sus
tanned the objections.
Witness admitted that he had seen
games running in Smtesman's cigar
store. but did not think there was any
games being conducted there at the
time he loaned Smith the money As
a final question Ford asked Hodgins II
he did not know that al the time Smith
borrowed money from him that ne
(Smith) was playing at a "21" game
conducted in the same cigar store by
Cherokee James. The witness an.
swered negatively
Gland Catch, OF the Bush bank. ties.
tilted that on September Goth the day
the 5000 check of Hodgkln was pre-
sented the defendant had no money
on deposit In the bank. Between July
and September defendant deposited
$3.50 in bank. but drew the final bal.
ance OF that amount out on Septem-
ber 18th.
John Patterson, an employe at Ham
ltons saloon testified having seen
.lodgins give Smith money In ex-
'hange for checks.
The hearing OF testimony IN the case |
5 progressing as this report closes.
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