The Alaska citizen. (Fairbanks, Alaska) 1910-1917, 1914-04-20
Pioneer Court Decision Full of Humor
Judge Refuses to Settle Gambling Case

/ had been reduced to round num-
I bers. the defendant testifies that
the plaintiff was found to be indebt-
| ed to him in the sum of $500.
| Whether these dice. which belonged
to the bar and seem to have beer
in frequent use by the proprietor.
were in the habit of playing such
pranks on the house may we'll be
doubted; nor is it shown that they.
too, were loaded. 1t is just possible
that mistakes may have occurred
pending lapses of memory by which.
in the absence of a lookout, the
usual numbers thrown for the house
We're counted for the defendant, and
| this any without fault of thd eice. How
ever this may be. the defendant
passed up the tabs for payment.
According to the defendants tes-
| timony, the proprietor was also play
ing a confidence game, whereupon.
| in the absence of money. the defend
ant suggested that he make him 4
bill of sale of the premises. Two
were written out by defendant.
The second was signed by plaintiff
and witnessed by Upper, and for
short time the defendant became a
tenant in common with an unnamed
person and an equitable owner of an
interest IN the saloon. The plaintiff
testifies that during all this time.
and until the final act of signing
the deed in controversy, he was
drunk, and suffering from a total
loss Of memory and intelligence.
The evidence in support of intelli-
gence is vague and unsatisfactory,
and the court is unable to base any
satisfactory conclusion upon it.
Above the mist of inebriety which
befogged the mental landscape of
he principals in this case at that
time rise a few jagged peaks of fact
which must guide the court notwith-
standing their temporary intellectual
eclipse After the dice-throwing mad
bills of sale written. and the last
one conveying half interest in the
premises signed by the plaintiff, he
accompanied the defendant to the ca
bin of Commissioner Cowles, about
block away. on the banks of the
frozen Chena, and requested that
Official to affiy his official acknowl-
edgment to the document. Owing
to their hilarious condition and the
early hour at which they so rude
ly broke the judicial slumbers, the
commissioner refused to do business
with them. and thrust them from
his chamber He does not testify as
to the status of their respective
memories at that time, but he does
say that their bodies were excessive
ly drunk; that Of the defendant be-
ing, according to the judicial eye,
the most wobbly. He testifies that
the plaintiff was able to and did
assist the defendant away from his
office without any official acknowl-
edgment being made to the bill of
sale The evidence then discloses
that, in the light of the early
morning, both principals retired to
their hunks to rest; witness Sulll-
van going so far as to swear that
the plaintiffs boots were removed
before he got in bed,
The question of consideration is
deemed to be an important one in
this case Defendant asserts that
it consisted of the $1,000 won at the
proprietors own game Of dice, but
Topper Thompson relapses into So
briefly long enough to declare that
the real consideration promised on
the part of the defendant was to give
half interest in his Cleary creek
placer mines for the half interest
in the saloon; that defendant said
the plaintiff could go out and run
the mines while he remained in the
saloon and sold hootch to the sour
doughs, or words to that effect. Tup-
per's evidence lacks some OF the
earmarks; it is quite evident that
he had a rock in his sluice box.
The plaintiff, on the other hand,
would not deny the gambling con-
sideration he forgot; it is much
safer to forget, and it stands bet
ter cross-examination.
The evidence discloses that about
3 or 4 o'clock p. m. on the evening
Of the Both the defendant went to
the apartment of the proprietor and
renewed his demand for payment or
a transfer of the property in consld-
Grafton of the gambling debt. After
meal and a shave they again ap-
peared, about o'clock, before the
commissioner; this time at his pub
lie office in the Justices court. Here
there was much hating and whis-
pering The bill of sale written
by Cleary was presented to the pro-