The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-05-05
A STORY OF
TWO F0RCERS,
POWER THAT WEALTH AND IN.
FLUENcE EXERT.
cUILTIER One GOES FREE
Other Because Poor and FriendIess
is Branded With convict,s
Shame.

L LU. .-.H
Shame.
Because he did not have wealthy
and influential friends to interest
themselves in his behalf, Ed McFar-
land must serve a year in the peni-
Tertiary for passing a forged check,
while Philip D. Watkins, who uttered
checks of the same sort from the At
lantic to the Pacific and then back
again almost midway of the continent
and in this way secured thousands OF
dollars, was released from Jail last
Thursday and Saturday morning left
for the south on the Burlington train,
free to write more checks, should he
care to do 81 again. Watkins had
connections with money and they priz-
ed the good name of the family above
the wealth it took to get their dis
graced relative out of the scrape into
which he had gotten himself. To
ia the one they spent freely Of the
other.
Much 'unfavorable comment was
heard at the manner in which the
Watkins case terminated and the
criticisms passed were not of the
kindliest or friendliest nature. Ter
mination of the action, however, could
not we'll have been different. While
it was plain that Watkins had passed
a forged check on George F. Bennig-
hoff and in return for it secured board
and lodging for himself and wife and
also a small sum of money, the testi-
mony at the disposal of the state
was not sufficient to secure a convic-
ton of the fellow. The check was
never allowed to reach the bank on
which it vas purported to have been
drawn, having been stopped in transit
and returned to Billings. This, Of
course, prevented it from being
thrown out and endorsed in the cus
tomary manner by the eastern bank
on which it was issused. Consequent
ly when offered in evidence it contain
ed nothing to show that it was not
good. The officers of the Amesbury
bank, the institution on which the
check pretended to be a demand for
money, were beyond the jurisdiction
of the court and their attendance as
witnesses could not be compelled.
Furthermore, relatives of Watkins
had squared matters with the bank
and they refused to come voluntarily
and testify against the accused man.
In the west, where Watkins had pass
ed bogus checks, seemingly by the
dozen, those same mindful relatives
had paid all claims against him and
the parties whom he had defrauded
did as the eastern bankers did, declin-
ed to push the Ease against. the fellow.
With no one to prosecute him, the
officers of California, Oregon and
Washington concluded it, would be
useless to come after him, as the
evidence necessary for his conviction
could not have beer obtained. Hence
he was released here he was
free from all danger of further moles-
In the opinion of those who are con-
with the case in the courts
here a mistake was made in permit
ting the matter to reach the stage it
lid. knowing the condition of affairs
rs he undoubtedly did, they say. the
county attorney should have made a
presentation to the court and asked
or a formal dismissal of the action
IN the ground that procurement OF
sufficient evidence to secure a con-
,iction was impossible. the parties
whose testimony was necessary to
enable the state to make out it's case
laving refused to testify and that
heir attendance by compulsion was
impossible. The record would then
ave not shown, as it now does, that
Watkins was innocent. AS it now
tands the entry on the docket is that l
verdict of mo- guilty was returned, {
hus clearing the fellow of all crimi-
lality and if he wishes to do so at !
ny time can secure a copy of it and
xhibit it as proof of his innocence
Mr.. Bennighoff, as we'll as all the .
theirs whom Watkins defrauded. has |
cen reimbursed to the extent of the
mount of the check he cashed, $50,
nd, it is said, also was repaid for his
ost in bringing the forger back from