The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-01
BAUER WAS DISCHARGED
Resulted in a Complete Exonera-
ton of the Defendant.
ARRESTED FOR A HOLOUP
He Wa Accused of Robbing Evan
Roberts on South Main Street Sew
erai Nights Aso-The Evidence
In the Case.

The preliminary hearing of David
Bauer. charged with holding up Evan
Roberts on South Main street a couple
of weeks ago. terminated yesterday in
the discharge OF the defendant. who was
completely ex~onerated.
IL will be remembered that Bauer was
arrested by Policeman O'Meara, who
came upon Roberts on South Main street
one night a couple Of weeks ago. and
was informed that he (Roberts) had
been held up. Roberts pointed to a
man going down the street as the one
who had done the job. The officer start
ed in pursuit of the man, who broke
into a rum. but was overhauled and
placed under arrest. He proved 10 be
Bauer. who asserted his innocence and
explained his starting to run by saying
he did not know IL was an officer who
was after him. but supposed IL was a
holdup. Bauer had lived in Butte a
long time and bore so excellent a repu-
tagion that even the authorities were
10th to believe him guilty. yet the cir
cumstantial evidence against him look
ed strong and a charge Of robbery was
brought against him. His preliminary
hearing began last Monday before Jus
tice Trapp and at the conclusion of the
states case a continuance 20 yesterday
was taken. TIL states case had not
been especially strong and when the
defense was put in yesterday there was
left no room TO doubt that the arrest of
Bauer had been a case of mistaken iden-
city. Deputy County Attorney Stivers
and Attorney T.. Il. Howell, as special
prosecutor. represented the state, and
Attorney Thresher appeared for the de-
tense.
Yesterdays session of the hearing
opened BIZ the defense calling John HUI
bert. a Park street saloonkeeper. to the
stand. He testified to the good char
meter of the defendant and said he had
known Bauer 10 years. had employed
him and had trusted him with large
sums of money. He had always found
him perfectly honest and trustworthy.
Peter Funks said he knew Roberts on
the 21st. the night Of the alleged holdup.
He was drunk m had no money, or at
least said he was broke.
George Smith. a carpenter. who was
at the time doing some repair work at
the saloon Of Charles Murphy, 229 South
Main street. said that on the goth Rob-
erts was in the saloon. He had a SO
bill. which he broke and spent a por-
ton of. He got drunk and fell on the
floor and witness and Proprietor Muir
ply took his watch. ring and 1925 in
money from him and put him to bed.
The following day Roberts was given
his money back and got drunk and. the
witness believed, spent the rest Of his
money. He was very drunk and called
the witness a vile name and witness
struck him. which accounted for the
battered condition OF his countenance,
which he claimed Bauer was RESPONSE
BILE for. Saloonkeeper Murphy corrobo-
rated the testimony of Smith.
The prosecution recalled Roberts in
rebuttal and he succeeded In contradict
ing pretty nearly all the statements he
made or direct examination. He had
another explanation TO make with re-
gard to how he came by the $40. and,
I'm fact, almost completely stultified his
former evidence. winding up by con-
he might have been mistaken
in his Identification OF Bauer and ad-
he had stated to Bauer that he
was sorry he caused his arrest and
hoped he would not be held. ON this
showing Justice Trap dismissed the
case.