The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-30
EVIDENCE WAS STRONG
Lacey and Mason Must Stand a
Trial.
LYONS WAS DISCHARGED
The Evidence Against the Latter in the
Hold-Up Cas Was Not Strong
Enough to Warrant
Prosecution.

James Lacey. John Mason and Tom
Lyons. the three men arrested for the
hold-up of the Reception and Fountain
~roadhouses IN the morning of July 10,
had a preliminary hearing yesterday
afternoon before Justice Laurandeau
on a charge of robbery. resulting in
Lacey and Mason being bound over to
the district cot and the dismissal of
the case against Lyons. The evidence
against Lacey and Mason was very
strong. That against Lyons, while in
spots damaging, was not sufficiently
definite to warrant the prosecution in
asking that he be held, especially when
he proved a tolerably good afibi. The
other two put in no defense. A feature
or the hearing was the appearance on
the witness stand of Mrs. Etola Har-
per, the woman who refused to be held
up at the Reception. If she was as
saucy and imperious when the hold-up
was going on as she was on the stand.
IL Is a good thing for the highwaymen
n did not have a gun She was very
positive in her Identification of Lyons,
but before she finished weakened the
identification by admitting the scar I'M
der the eye by which she remembered
Lyons did not look like the scar she
saw on the face of the robber. and her
testimony therefore had little weight.
Ch1ef Deputy County Attorney C. p.
Connolly conducted the prosecution.
Attorneys Cason and Marsh appeared
Tor Lacey and Mason and Attorney
Merritt for Lyons.
Charles F. Warren, bartender at the
Reception at the time of the holdup, was
the first witness.
ID you know any Of the defendants?"
asked Mr.. Connolly.
Il think l recognize one of Them"
said the witness. indicating Lacey.
When did you see him?'
the Reception road house on the
night of the 9TH"
Under what circumstances
He had a gun in my face
What did you do?"
Il put up my hands"
Then what happened?'
They unbuttoned my vest and went
through me-"
Did they take anything from you ?'
Yes, sir; they took my watch and
money"
Why did you let them go through
Because any sensible man would do
when there was a gun in his face"
Did you let them go through you be-
cause you were afraid you would be hurt
IL you did not?'
Eyes. sir; some one would doubtless
have got hurt"
The witness mex described the watch
from him and then said there
were three robbers who wore masks,
overalls n one had a long coat. Thu
masks were black. Witness was shown
the watch recovered from the defend
ants and identified it as his. Detailing
circumstances, the witness said
the highwaymen went out and took a
watch from the Chinese cook and hen
left, going in the direction of the Foun-
tain. The witness further stated he
knew Lacey by his voice and general
appearance.
Cross-examined by Mr.. Cason. the
witness said he had never heard Lacey's
voice before he was held up, but he was
'ure Laceys voice, which he nae heard
since. was that of the man who held
him up. The witness could not tell how
days it was after the holdup that
he again heard Lacey's voice at the city
all. He thought it was all of five DAYS.
Cross-examined by Mr.. Merritt, on
'ehalf of Lyons, the witness merely said
lie recognized Lacey, but made no ref
renee to Lyons. On redirect eXamina-
ion, the witness said when he went TO
he city Jail to see the suspects Lacey
umped aside and tried not to let him
ret a good look at him Shown a gray
suppOSeu 10 DE Lyons the witness
.ould not identify it.
r. w. Bell, proprietor of the Fountain
Dad house, was next called. He said
Ie was behind the bar when three mask
d mon entered. They wore black
masks. overalls and old coats. He
bought the three defendants compared
avorably with the three holdups in
appearance.
What occurred that night?" asked
1r. Connolly.
They came running in and shouted
D US to hold up our hands. Mine went
and Mr.. lie Wire resisted, but they
him to time and made him
beside me and put up his hands
Ike the rest, Bill Smith, Jack Brett
a woman One of them told me to
ut up my hands higher. / did and I,
hey went through u.s." '
The witness identified a gray hat 1
him al that worn by the tallest
ian, indicating Lyons. I
Mr.. March conducted the cross-exam-
lation as TO Lacey and Mason. In re- q
to questions the witness said {
mask dropped down, so he could ]
'e his face. He had seen Lyons since
t the city jail and was reasonably GER =
lin he was one of the men. The wit c
ess indicated Mason as the man who
his money. He recognized him by 4
crooked finger on one hand, he thought
lie right one. He thought he recognized g
lie man voice as well. a
Mr.. Merritt, cross-examininG the wit
ess for Lyons, brought out no new v
cts. On redirect, the witness said :.
hen the mask of the tallest man fell a
)wn he saw a scar under his right eve. h