East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-10-10

Has an attempt been made here TO
repeat the old and time-worn swim
die in which the principal operators
are friends and footracers, but who
pose as strangers and beguile an in
nocent party to bet on one of them
to the subsequent sorrow of the vic
tim?
That the familiar old scheme was
tried on him is firmly believed by c,
f. Garner. young man of Dayton,
Wash, ana appearances indicate that
his belief is well founded. However,
the plan was not carried out because
the intended victim became suspic-
ious that all was not straight and de-
manded that $3.50 which he had de-
posted as bet on the sprinting abil-
ity of one c.. w. Whitlock, be re-
turned. When this was refused, the
aid of an attorney and also the po-
lice was invoked, with the result that
Whitlock and o. Caviness, the stake
holder were arrested last evening by
Marshal Coffman, assisted by Night
Policeman Sheer and Officer Scallen,
of Portland. However, both men
were afterwards released on bail,
while Garner, the complaining wit
ness. was also required to give s25
bail to insure his appearance as pros
ecuting witness.
According to the story told by
young Garner he met Whitlock re-
Gently at Walla Walla and associated
with him considerably, lending him
money at various times. During this
acquaintance he learned that his
| friend was sprinter. and the two
decided to form a sort of partnership
in which Whitlock was to be the run
ner and Garner the hacker. Appar-
entity the race which was arranged
here was the outcome of this under
standing. The go was to be be-
tween Whitlock and T. c. Morris, the
latter having a high record as
sprinter, though such was evidently
not known to Garner. On the out
come of the race $3.50 bet was ar
. ranged between Garner and vii
Rainwater local sport, l and tbs
money was given to O. Caviness al
stakeholder. Also, o friend of Gar
ners was induced TO come dowr
. from DAYTON and solicited to bet $75(
more on the race.
However, Garner says that the ac
! tions of the other men interested II
: the affair made him suspicious, AM
he began to believe that they were al
in league against him and were max
ing him the victim of a swindle. Con
y seuuently he went to Caviness, tn
stakeholder, and demanded his none
= back, which was refused Thereupo
U Garner consulted with Attorney
Winter & Collier, and in the name o
n his client, the same demand was mad
y on the stakeholder by Mr.. Winter
n On the continued refusal of Cavines
n to return the money. the arrests wer
= made. and the matter will be take
into court unless settlement ,
N made. According to the attorney
for Garner he had right to deman
N his money back any time before III
race was run, and the stakeholdt
can be compelled to return II
money If he refuses to do so.
Civil Action Is Brought.
During the day civil action WI
taken by Garner through his alto
D. neys, Winter & Collier, to recover h
K $3.50. which he had deposited as
" bet on Whitlock. The following we
IT named as defendants in the complain
B NJ. S. Monteith, o. Caviness, Villa
to Rainwater and c. w Whitlock. II
e. money is said to be on deposit in q
ne Maze saloon. owned by the first nam
NJ defendant
" Also. Garner went before Distr1
Attorney Phelps this afternoon for [
purpose of having criminal aoti
l. taken against some or all of the m'
of but up to this time no action has be
ic totan in the matter by that official.