Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-29
THE EOLD-UP CASE.
THE TESTIMONY ALL IN AND THE
CLOSING STATEMENTS BE-
INC MADE.

The trial of George NJ. Roe on the
charge of holding up the station agent at
Warm Springs on Jan. IA last was re-
sumed in the United States court today
before a jury composed of A. J.. White.
George w. Fisher, Edward Evans, w. II.
Abbott, A. j. Chambord, Il. c.. Foreman,
w. c. Bryant, J. w. Blakley, George f.
Daily, Enos Carmen, E. L.. Mayo and
! Carl Engel.
Several witnesses We're examined to-
day.. The testimony was almost wholly
circumstantial, the prisoner correspond
ing to the size of the man who held up
the agent being about the only point the
prosecution had to work on. The good
character borne by Mr.. Roe was a point
in his favor. In his testimony, he evil
IDENTIFY made a good impression on the
jury and has acquittal was predicted.
At 3:45 O'Clock this afternoon the final
arguments by the counsel We're being
made, after which the case will be sub
! mitted to the jury.
Several witnesses for the defense We're
called at this mornings session. 1t de-
veloped during DR.. p. S. Mussigbrod's
testimony that another man had been
suspected of the robbery and that Roe
was not suspected until several days af-
ter the occurrence. DR.. Mussigbrod
stated that after he had received the
telephone message, stating that the de-
pot office had been held up, he secured
the services of several assistants, and
armed with guns eel down to Girard's
place, expecting that the robber or rob-
bers would make an attempt to hold Ii?
that place. When crossing the railroad
track, he heard Girard's dogs barking
and at once that the robbers
were in the vicinity. The posse went to
the picnic grounds but found nothing.
The next day Roe had a controversy with
a Chinan11n whom ha had aprap6 tn
learn how to run the laundry machinery
for sos. The Chinaman only wanted to
pay $50 and Roe said he would stay at the
springs until the Chinaman paid w.
1t was known all along that Roe intend
ed leaving at the end of that month.
Roe's testimony was given in a very
straightforward manner. He said that
previous to the hold-up he had received
500 from the Chinaman and $75 from G.
Y. Warren for his services. He had con- !
versed with Eldred about his ticket to
Nebraska. Or the 14th of January, the /!
day of the robbery, he had gone to the
laundry to take a bath. While there Mr..
Bowen came in and informed hin tina
the station agent had been held up !
Bowen asked him to go to the depot and
help catch the robbers and Roe secured |
his pistol and started for the depot. |
He assisted in the search. When he ar ;
rived in Butte IN his way home to Ne !
braska, he had visited all of the laun-
dries.
Mr.. Roe said the only remark he made
after his arrest at Lincoln, Neb., was 70
say that he was a stranger in this Sec
ton of the country and that he had
known lots of men who had been con-
victed here on circumstantial evidence.
J. s. Eldred, the station agent at the
Springs testified to the robbery on Jan.
IA, when he said he was accosted on
the depot platform by a man who wore a
plated revolver in his hand The robber
ordered him to throw up his hands.
When the order was repeated he COM
Piled and was marched into the Office
and compelled to open the safe. The rob-
Der took a box containing from $3.50 to
$275 and also the cash that was in the
postoffce drawer. The description of the
robber tailed with that of Roe and he
was satisfied Roe was the man. How
ever, he said he had not thought of Roe
until some time later when his name was
suggested by Detective Hunt. AS to the
testimony of Roe relative to being in the
Ii laundry when the hold-up occurred, Mr..
Eldred said that a man could easily walk
from the de.Xt to the laundry in four
minutes and run the same distance in
two minutes.
E. d. Hobart, William Hansen and w.
0. Downs employees at the Springs testi-
fled to having seen Roe in the Junk
room with a nlckel-plated revolver in his
itoho' y II Witnesses dlSO leSll-
fled that Roe had returned from Ana
conda prior to the ho,d-up with the re-
volver in his possession. The prisoner,
however, stated that he had purchased
the gun at Lincoln, Nebraska, and had a
receipt to show for it. He had traded an
other pistol for it and after his arrest had
secured a certificate to the effect that he
had made the trade there.
Detective r. c.. Hunt said that when
Roe was arrested at Lincoln. the pris-
oner remarked that he supposed he was
arrsted for the hold-up at the Springs.
but that he was innocent. When exam
ined, however, Roe denied making the re-
mark and said that he was not informed
what he was wanted for until he was
taken away from home. Mr.. Roe also
a number of dispositions from
Lincoln people testifying to ais good
character.
The defense had for a witness r. G..
Henley, who had been suspected as an
accomplice of Roe in the hold-up. He
was a witness to the hold-up of Eldred
and immediately ran back to the Springs
and notified DR.. Mussigbrod of the occur
renee. just previous to this he had seen
Roe walking towards the laundry. H, o,
Bowen. also a witness for the defense.
testified to having taken supper with
Roe the night of the robbery. He was in
the laundry with Roe when the alarm
came in that the depot office had been
held up. Roe assisted in the search for
the robber and suggested that blood
hounds be secured to trace him.