Newspaper Page Text
FINE ON GAMBLER JUDGE McCLERNAN REQUESTS JOHN VALENTINE TO HAND OVER $150 AND COSTS. CASE DATES BACK TO FORE PART OF WINT Defense Waived Time for Sentence and Paid Amount Solicited Without Demur -Cases Against John Hubble, J. J. Bill and Ernest Nelson Are Dismissed for Lack of Evidence. Conducting a poker game and getting caught at it is not exactly what it has been cracked up to be by those who have been there and profess to know what they are talking about. In Judge McClernan's court this morn Ing John Valentine was tried and convicted of having acted as the chief of a game in the attic of No. 12 West Park street, on the a22d of last November, and fined $r5o and costs. Although represented by J. L. Wines, he practically made no defense, not even tell ing the court or jury how the play came up. There was only one witness for the prosecution, but he told a good story, and it went with the court and jury. Deputy Walsh's Testimony. The witness was William Walsh, a dep uty sheriff, who said that on the night of the date mentioned he had gone to the saloon conducted by Frank Walker at No. WILLIAM WALSH, dep.ty Sheriff Who Testified in Gam bling Cases. is West Park street, and demanded admis sion to the gallery overhead. Walker had not admitted him and he had then asked the "booster" on guard at the foot of the stairway leading above to open up and let him in. The "booster" would not yield, but Walker procured a key. He had found two games of gentleman horsepoker in progress with Valentine in charge of the chip rack in an apartment separated by a curtain from the playing room. After watching the game a few minutes he had placed Valentine under arrest and escorted him to the county jail. At the close of the direct testimony Mr. WVines moved for a dismissal of the action on the ground that the state had failed to show the nature of the game in progress or whether it was a game in which money was being wagered. County Attorney Breen Informed the ,court that he had overlooked a few ques tions in that respect and asked permission to recall the witness. The request was granted. Money Paid for Chips. The officer said there were Is or 20 per sons in the room where the games were in progress and that he had seen a man get a stack of chips from Valentine, carry it to one of the tables, receive the money for it and return to Valentine with it. He was cross-examined, but his testi mony was not shaken. lie said he knew nothing about the game of poker, but Val entine had told him on the way to the jail that it was poker and that he was in charge of timhe games. No argument for the defense was made, but the county attorney spent about five minutes in presenting the matter. The jury deliberated only a few minutes, and when thile verdict was returned the de fendant waived time for sentence and ac cepted the $s15o edict. He paid. Three Cases Dismissed. Three more men accused of having vio lated the anti-gambling law were turned loose upon the surface of a cold earth. They are John Hubble, who is alleged to have gamboled upon the green in the Pal ace saloon at No. 14 East Park street No vember ao of last year; J. J. Hill, said to have performed a similar trick in the Mon tana saloon at No. 21 West Park street November 2-, and Ernest Nelson, charged with having a little play in the Palace on November 16. In the case of Nelson the county attor ney stated that thile man who bought the chips in the game had not been found and no testimlony against thile accused could be obtained. Failure of officers to find witnesses in the other cases were responsible for their dismissal. ASS'OCIATED CHARITIES MEET Butte's Charitable Organization to Hold Monthly Gathering Tomorrow. At the Auditorium building tomorrow afternoon at 2 o'clock the Associated Char ities will hold its monthly meeting. Reports of officers will be rececced and the usual business 'transacted. The as sociation is engaged in active work along the lines laid down by the purposes of the organization. A number of the members are out of town this week and tomorrow afternoon's meeting will not be attended by a full corps of officers. FOURTH OF JULY FISHING RATES Via Oregon Short Line Railway., Divide ......... ..............$1.oo00 M elrose ............ ............$ .5 Glen ....................... $.oo Tickets available on 2:o5 a. m. and 4:50 p. m., Friday; good to return following Iond::y. H. O. WILSON, General Agent. Souvcnirs with each dollar, and over spent. Meyer, 65 West Park. o FOR DISSOLUTION OF PARTNERSHIP O. M. McINTOSH, OF LOCAL DETEC TIVE BUREAU, ASKS COURT TO RESTRAIN C. R. WAYNICK. SLEUTHS FA'LLING OUT THIEVES MAY THRIVE McIntosh Alleges That His Former Part ner Not Only Failed to Keep Up His End of Current Expenses, but Also Misappropriated Money Belonging to the Firm of Vidocqa. WVhist Two of Butte's sleuths have fallen out and seek the appointment of a receiver an accounting and a dissolution of the partnership that has existed between thcnm since the 2ad of April of this year. They are O. M. Mclntosh and C. R. Waynick, and the action by which the af fairs of the two are to be straightened out was commenced by the former today in the district court. In his complaint he alleges that on the 22d of April he and the defendant de cided to open a detective bureau in this city and that the latter agreed to pay all of the expenses incident to gettilng the business under way; that he was to pay for the license, square the tclepho:'e company for three months, satisfy the cravings of the landlord on the rent proposition for two months, buy furniture and bear all of the other expenses for 60o days. Failed to Fulfill Agreement. The plaintiff says that in consideration of the promises made by the defendant he put up $400 for the purpose of helping him do it, but the defendant paid only $tS on a furniture bill of $400oo, and failed to keep his part of the agree ment in regard to the other expenses. McIntosh also alleges that the defendant has collected various sums of money be longing to the firm and appropriated them to his own use; that he is still at it and will continue unless restrained by the court. He asks that Waynick be restrained from further inroads on the money due them as partners; that the court order the dissolution of the partnership and that a receiver be appointed to take charge of the business pending a settlement of the difficulty. Judge Harney has cited the defendant to appear in his department at to o'clock on the morning of the 12th and show cause why the plaintiff's prayer should not be granted. WFLL OFF HE GOES TO COUNTY POOR FARM Mike Clarkin Was Reported to Be in a Dying Condition-Fred Snyder May Recover. Mike Clarkin, an old man who was taken from the county jail to the poor farm yes terday suffering with delirium tremens, was reported to be dying at the latter place this morning. A telephone message was received at the county jat. to that effect. After the report nothing further was heard, so it was dcciaed at the jail that he had not died. Clarkin was brought into the jail a day or so ago, in a bad condition from drink. He was kept there till the county physician ordered his removal to the poor farm. Clarkin is said to be well provided with this world's goods, but to have no relatives in this city. He is an old man, and when over-indulging in liquor unable to care for himself. Fred Snyder, the man who cut his throat in jail several days ago while demented from drink, was also sent to the poor farm at the time Clarkin was taken there. Snyder was committed to the jail under a charge of insanity, but it is believed at the jail that his aberration is temporary and the result of drink. lie had a hard time with his cut throat in jail. Now that he has been removed to the county hospital it is possible that Snyder may recover. DISTURBERS OF PEACE ARRAIGNED IN COUR;IT Several Appropriate Fines Are Handed Out by Police Judge to Petty Criminals. J. W. Kelly disturbed the peace of the denizens on East Galena street early this morning. Kelly was arrested by Officers Yutz and Ingraham and locked up on a charge of disturbance. This morning he was given 24 hours in which to plead. Fred Swan was fined $s for failing to drop the distance flag before he imbibed too much. George Peoples was arraigned on a charge of driving on the sidewalk and was given until tomorrow to bring the persons who told him he had the right to interfere with pedestrians. Grace McGinnis, arrested on a charge of stealing the money carried as his own by Swan Ypulsen and which amounted to $45, asked for further time in which to make up her mind what to say to the court. Mike Sullivan admitted to the judges that lie had done things in the shape of dis turbance and was fined $ro. How's This? We offer One hundred Dollars Reward for any case of Catarrh that cannot be cured by Hall's Catarrh Cure. F. J. CHENEY & CO., Props., Toledo, O. We the undersigned, have known F. J. Cheney for the last xr years, and believe him perfectly honorable in all business transactions and financially able to carry out any obligations made by their firm. West & Truax, Wholesale Druggists, Toledo, O. Walding, Kinnan & Marvin, Wholesale Druggists, Toledo, O. Hall's Catarrh Cure is taken 'nternally, acting directly upon the blood and mucous surfaces of the system. Price, 75e per bottle. Sold by all Druggists. Testi monials free. Hall's Family Pills are the best. FASHIONED HUMAN SIEYE OF CAPRARA RANCOROUS ROBERT RAND FILLED ITALIAN FULL OF BIRD-SHOT AND LIVER PILLS. VICTIM IS LIKE UNTO A COFFEE STRAINER Incomputable Number of ProjectileoHave Been Picked From His Anatomy Trouble All Arose Over a Water Right Near Elk Park-Italians Will Prose cute to the Limit of the Law. Again has the perennial question of the water-right, the ilOst frulitfull s.ource of litigation in the great N'rthwet - a sorrce which enables Montana lawyers to wax sleek and fat and Ibuill brick houses wherein they do sit and puff at meer schaumn bowls, while the irate client shivers in a log hut and pulls away at a clay - -e coime the cause of serious conflict. This time the courteous Italian, meekest of mlen, has been drawn into the macl strom, and, disregarding his beloved stiletto as uselss, tnot only at lonl range liut agfainlst the pachyderinal cuticle of the sunm-baked rancher of the foothills, has seized uponll his trusty blunderbuss, and, as tmuch by good fortune as merit. has been merely sieved in the interchainge of shots that Imust follow. (This is all about the shooting match which was pulled off Monday afternoon between Robert Rand and one Randolph Caprara, at FIlk Park). The Italian hot blood is aroused for gore. taaprara lies in St. James hospital, his olive comlplexion ruined by the punctur ing disfigurationls of an inconlputable nuom ber of bird-shot. l)eponent saith not whether these do predomninate most in the front or rear, but soime must have pene tratedl tohe gall, for Caprara thirsts for re\lvenge. Ili; version of the late lanenta ile rencounter, as related by Signor (;. Spagetti Visetti, a cousint and confrere, runs somewhat to the following effect How It All Came About. Caprara and Rand own property adjoin ing on Sonori creek. Naturally the water right is a mtatter of paramount iltL..est; which brings to mind the remark of a prominent attorney fronm New York, who, noticing on a recent visit to Butte, how great a percentage of the legal reventue is derived from litigation of this character, could not understand why so inucla in tcrest is taken in aqua pura in Moltana, "because," lie said, "I have never sreen anybody drink water since I left St. Paul." Caprara and Rand own ranches adjoin ing on Sonori creek. Rand says lie locate I his water-right in ah88. Signor (. Spa getti Visetti declares that lie has been to Iloulder and can find no such record on file. Be all this as it may. Caprara, dis regarding Mr. Rand's cmphatic warnings to be good, attempted to divert a suitable proportion of tihe gallons total of the gurgling Sonori to his own fields. Rand dug a trench in a nearby kopje and lay behind a huge houlder, intent on sniping an Italian. Either because his eye is not what it once was, or because, as some claim, hlie had lent his trusty Winchester to his uncle for the time being, G. S. VISETTI, (Picture by Inter Mountain.) Relative of the Italian Who Was Shot by Rudolph Rand. Bob Rand's clear gray eye, which, accord ing to the novelists, is the sort of an eye all crack shots have, was running along the barrel of a large and lovely shotgun, when the Italian contingent, emerging from the shadow of the over-hanging forest, just as rosy-fingered Aurora, refulgent in the glow of early day, arose from her golden couch in the glowing East, made his way down to the sparkling Sonori, and mindful of the homily saying as to how the early bird secured the coveted fish-bait, set straightway to divert to his claim the aqua pura Robert Rand claimed. Rancorous Robert Roared. Whereupon the rancorous Robert, from behind his battlement across the water way, roared to the Signor to forbear, on penalty of being made like unto a coffee strainer. Count Caprara, with the blood of 'the Caesars boiling in righteous wrath within his veins, took a hitch of his pan taloons, spat upon his dukes and went on with his work without a word. That is, for a minute. They say the only part of Caprara that did not get it was that portion of his anatomy which happened to be in line with the shovel,. At the latest hearing, 365 shot had been picked from the unhappy man. Easter. museum managers should play him up as the human sieve. Not only bird-shot, but other and more novel projectiles, here tofore unknown in guerrilla or other war fare, were hurled into the dark Caprara hide. Half a dozen bottles of a well. known aperlent belched forth from Robert's bellowing blunderbuss when that worthy laid finger on the trigger. Rand had been to Butte to purchase some liver-pills, and seeing no other safe place to deposit them, when on his way home the evening before, had shoved three bottles of pills down each of the barrels. Thus it was that Caprara was inadvertently dosed with 6oa aperients at once, sufficient, in the minda WIVES SOMETIMES OBJECT To Life Insurance-Widows Never Do, and the wife doesn't either when the maturing policy steps in to make old age comfortable and happy. THE EQOUITABLE LIFE Is the "Strongest in the World." Surplus over $71,000,000. If you want to know what it will cost you to provide for your loved ones if you die, and for yourself if you live, send us the coupon below. ckards& Es UPON R ickards & Ellis Rickaris & Ilii, mIanagcrs. Ihow rnuch will n Ipolicy for $.......... Managers for Montana cost at ily agl; Name................................. Offices - - - Butte and Helena Ar............................ XXXXX)OXX)O)OCXXXXXXXXXXXXX)OXXXXXXX)ocxx HEADQURRTERS FOR FIREWORKS ANo FLAGS FOR THE FOURTH Largest and most complete stock in the city. We sell Fireworks all day and every night. Also all day on the Fourth. Special Sale on Fishing Tackle MONTANA BOOK CO. Saturday. 20 Per Gent Off. SLargest and Most Complete Line of SPORTING W H. K. lein, Manager GOODS in the City. Call and see them. Prices Right. Cor. Park and Academy Streets. Phone 88,A of the attending physicians at St. James, to cause the sands of life to run out quickly in anly man. Rland went to Itoulder aol gave himself up, while ('aprara was broutght to liUtte. The Italian's friends say they mean to pro.secute the rancher to the limit iof the law, and that if the ciiounty authorities will not act they w ill appeal to the attinuey genueral. TO .HAVE EXTRA CARS ON HAND FOR JULY 4 Great Northern and Northern Pacific Will Bo Able to Handle Crowds Going to Helena. Major Dawson has received word fromi the general passenger agent of the Gtreat Northern railroad at St. Paul that nine additional coaches will he sent to ]Butte to carry the crowds to Ilelena for the iu auguration of the capitol building and the great log rolling of the Modern Woodmen ,if America. Both Major l)awson of the Great Noitlh irn and W. II. Merriman of the Northern Pacific feared at first that their equtipment would he utterly inadeqluate to handll the immense crowds that are going over, but as many have signified their itentlion, of going today alnd tomorrow, it is believed that there will hie room enough for all. Butte's five lodges of Woo,idmlen ai,nI the one in Anaconda will send large dele gations to the meeting, and with the crowd of politicians, officials and sight-seers that will leave for the capital, the metropolis will have a goodly representation at the inauguration ceremonies. SENATOR CLARK WAS PROMPT Induced War Department to Give Speedy Aid to Portland and Jeanlo. Senator W. A. Clark was at Forsyth, Rosebud county, this moriing on his way to Butte. lie received a telegram front \Vashington en route and trInsmitted it to D)r. II. M. Ilall of Butte when the train reached Forsyth. It is to the effect that the steamers Portland and Jeanie are safe and that the next news by steamer from Nomie will likely be of the rescue of the passengers. Mr. Clark has been utiring in his efforts to induce the war hdepartmenIt to act in rescuing the imperiledl vessels, and the thanks of those concerned have Ieen freely expressed. MRS. SHANNON IS NOW FREE Cruelty Alleged Against Husband the Grounds for Divorce. Mrs. WVinnie Shannon was today di vorced from Frederick P. Shannon by Judge llarsney on the ground of cruelty. Shannon failed to dispute the suit and the decree was granted upon Mrs. Shannon's proofs and his default. There were no children. The plaintiff was allowed to resume her imaiiden Iale of Winnie 1111i. CITY TRIEASURER'S REPORT Comfortable Balance of $68,461.51, an Increase of $4,633.10, Is Shown. City Treasurer Calkins has filed his re port for the month of June. The report shows a comfortable balance for the city of $68,461.5r, an increase over the pre ceding smonth of $4,6oo.09. The collections for the month amounted to $',633.Io. There was $7,164 paid out for warrants and interest. POLITICAL ANNOONCEMENT. The undersigned wishes to notify his friends that he will be a candidate for the office of state senator from Silver Bow county this fall. JAMES R. CREIGIITON. Smallpox in Germany. [BY ASSOCIATED PRESS.] Berlin, July a.-The report circulated by a news agency in the United States of an outbreak of black smallpox at Spandau, near here, was the sequestration of a family of Russian emigrants, suspected of having smallpox at Ruhleben, which is an exam. Inlng station for Spandau, for emigrants traversing Germany. Smallpox and slmi. lar cases frequently occur there. The health authorities consider the incident in significant. Everywhere in America THE SOCIAL FAVORITE IS _- BHarvard Cigar MITCHELL & TURNER )flice ao; East Iroandway. P'honei, 2i7. Agentls for: Worthligton & l)eane pumps, Sullivan Machinery (',., Jeffrey mf'g Co., Phornix Iron Work. Co., lien drie & IHiltholl o.; I. alinw l)unnor d(l, Co.. A. Le.achen & Suns Rope Co., mey iti. Drilling Co. We carry in stock ia full lilne of boilers, pum I , drill, etc. TWO CARS OF HORSES FOR SALE. FIl'avy tram of tIcheap hors.es for sulll fIIte's outilK. J. T. CARROLL LUMBER COMPANY, Corner I'latinum anl Ari,.zona St. Burlington Route Excursions. Date of sale July 4, 5 and 6. ()maha anid return ............. $.4.51 St. Joseph ;ind return .......... 4,50 Kanlsas City andI return .......... .1. 5o Tlhree route-s East: Via Billings, via IDenver, via St. Paul. IFor furthlmr ilnformation apply ,. Ilast lBroadway, IButte, Montana. II. F. RLUGEI, Agent. Dry 5lab Wood. The best for sumnnmer; easily sawed m:and quickly hsplit. $4.75 cord. Nlr(H'lIWEST COAl. CO., 19 East Granite. 'Phone 5o5. Special Excursion Train. Leaves Montana Union depot at 8:30 a. n., Sunday for 'i!,estone Springs, Whitehall, Twin Blridges and Alder, re turning leaves Alder at 6 ;oo p. m. Rates a.; follows: ,.t.tte to Pipestone and return...... r.oo Butte to Whitehall and return...... .50 Butte to Twi l Bridges and return... r.5o lutte to Alder and return.......... a.oo Quaint and picturesque Salt Lake City, thIe beautiful Jordan and Provo valleys, Castle Gate, Book Cliffs, the Canyon of the Grande, l.eadville, "the City of the Clouds," Tennessee Pass, Marshall Pass, Black Can yon of the Gunnison, Curecant= Needle and the far-famed Royal Gorge are a few of the things to be seen along the Rio Grando lines between Ogden and Denver. No rail. road on the globe offers such an array of diversified and eye-pleasing attractions, and when viewed from trains equipped with every modern convenience tending to suit all classes of travel, it is no wonder that the Rio Grande route is the most popular one across the continent. Three trains daily between Ogden and Denver. For full Information, rates, maps, etc., or for copy of "Crossing the Rockies," write or call on the undersigned. W. C. McBride, General Agent, Butte. Mont. o INJECTION. A PERMANENT CURE of the most obstlUate e.eg rof aonorrhos and Gleet, uaranteed in from 3 to 0 dyw ;h 'other trbotmsnt requarud. - 8ilod by all drgglits. $15--Salt Lake---15. The Oregoi, Short Line. will operate secotidl popular Excutrsi.n frm Ilutte and Aiacnonda to Salt I.ake, S;aturday, July i1t 1i. 'I lckets. good only on :05 a. IIn. and .1:51 p. im. trainis that date, available to return anly time within to days. Ries'erve berths now, City T'icket Ohfice, 105 North Main strret, Ilutte, MlClltana. 11. O. WII.SO)N, General AgenIt. Nothing Succeeds Like'Success. The manage.'ent and ci ent, both, are getting such complete and satisfactory results through leaving their ;cses in the O()wley block with the Internaltio:nl ID)etec tive ngelncy, that new cases are being tenldered the olfice mana;gmelnt tllat form. erly was thought to be too dillicult to trace. But the success of so many caerlt has been reportedl to friends Iby friends that each day brings new and extensive operations to undertake land reduce to a position where only experience and judgmnent could possi bly obltain the result asked for. Rooms a: za, Owsley block, Butte, Montana. * Excursion Tickets. Following round tr:1) rates via the Ore gon Short l.ine, goat on the "OV IR LANI) I.IMITE'I'D;" nest train in the world; electric lighted, barber and tele phone service; these tickets also good via Salt Lake and Denser: Missouri River points, July 1, 5, 6 .$3450 San Francisco, August 4 to 9, inclu sive ........................ So.o00 Los Angeles, August 4 to 9 inclu sive .... ........ .... ... 6o.oo Reserve herths now. City Ticket Office, o05 North Main street, Butte, Montana. H. 0. Wilson, Gen'l. Agent. GREAT NORTHt-I~. RAILWAY. Saturday and Sunday Excursions. Basin and return .......... ......Ss 5o Boulder and return ................ o Alhambra and return ...... ..... a o Good goirg Saturday and Sunday, re turning Monday. Basin and return ................$1 oo Boulder and return ......... ...... oo Good going and returning Sundays only. Ticket office, 4i North Main street and depot. Butte. Mont.. May 5, rooa. Richards THE BUTTE UNDERTAK ER StCi..t ttuntltir id Iln tt ntr I40 W. FarkSt., Butte. Phone 307.