The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-30
Charged With Robbing the
Warm Springs Postoffice.
DEFENSE WAS AN ALIBI
His Witness Said He Was at the Asylum
at the Time the Holdup Was
Made-A Verdict Quickly
Reached.

AoDoati6 ZIG w al Ia ePi ifSS PSSNchiSC VA
the night of Jan. IA last, when North
ern Pacific Station Agent and Post
master l. S. Eldred was held up. The
continuation of the trial occupied the
greater part of the day in taking testi-
mony for the defense and arguments
of counsel The case went to the jury
shortly after o'clock in the aftern-
was reached. The defense was mainly
in form Of an alibi, in which time was
the matter Of chief Importance. Wit
nesses were called whose testimony was
to the effect that the defendant could
not have committed the crime, for the
reason that he was at the asylum at
the time Agent Eldred claimed to have
been held up.
w. c. Mcfarland was called at the
opening of court. He was employed at
the asylum at the time of the robbery.
He went to supper at $40 p. m. and
was there IL or IS minutes. He then
went to the laundry and just then Roe
came in in his shirt sleeves and asked
for a bath towel to take a bath. 1t
was near 6:45 then. Witness went to
the plunge to take a bath and when he
got in the plunge he heard of the
holdup.
Charles Jeckels, engineer and fore
man at the asylum, said he heard of
the holdup at 6:45, saw Roe at the
laundry Immediately afterwards; went
to the engine room to get some guns,
looked at the clock and it was $3.50.
His time was kept with the time at the
station.
w. c. Smith, painter working at
the asylum, was in the dormitory when
Roe came in and said there was hold
up at the depot, grabbed grip, opened
it and turned around with a revolver
in his hand. 1t was then near o'clock.
He started out and said: Come on,
boys
Dr. Peter Mussigbrod said Eldred
telephoned him of the holdup. He
rushed out and told the attendants to
go; came back and r. c. Henley came
in and said he had seen it; day or two
later Hunt, the railroad detective,
asked about the neighbors. Witness
said they were all right but one man.
Hunt asked if a certain man, naming
him, was the man. Witness replied he
was. Witness went to the depot with
Hunt and talked about the man in
question. This man got his mail and
went out. Eldred remarked THAT is
the man." meaning the holdup.
Dr. o. Y Warren said he employed
Roe on contract to come from Lincoln,
Neb., to start the laundry. that Roes
time was out on the 18th of January,
the day after the robbery, and he was
paid off.
Sol Tebo, j. Austin and Martin Rob
ertson gave testimony as to the defend
ants good character.
The defendant then took the stand.
Ia cold ha 1tUad VinnOln and worked
in the laundry at the state asylum six
years. came to Warm Springs in Oc-
tober, 1898, to start laundry; was
well acquainted with Eldred, and talk
ed with him after the holdup. He said
the night of the holdup he went to sup
per at sos; was at supper 20 or % min
utes; went to the bread room, told
Bohen to come to the laundry and get
his overalls; went to patients dining
room; talked with Henley about 10
minutes; went to laundry, took bath
in the wash room; met Mcfarland
there and went to the wash room;
Bohen came to get his overalls; Bohen
went out and in about two minutes
came back to say there was holdup at
the station; went with Bohen to the
dormitory and got his revolver out of
his valise and started to the depot with
the other men. When he got there he
suggested to Eldred that If they could
get bloodhounds and find the money
box, they might get track of the rob
bers, Replying to a question by coun-
sell the witness denied seeing the Wit
ness Hobart on the way to the depot
or any time as Hobart testified.
Some unimportant testimony was
submitted by the government in re,
buttal, after which counsel occupied
about two hours in argument Judge
Knowles instructions to the jury were
uuita faypra h1a to thp accused and the
jury, after being out about 10 minutes,
brought in a verdict of not guilty.
At the conclusion of the Roe trial
Judge Knowles listened to argument on
the demurrer to the Indictment in the
case in which F. A. Bartlett is charged
with perjury, growing out OF his peti-
ton in bankruptcy. Judge Knowles
took the matter under advisement.
James Converey, under indictment
for selling liquor to Indians, was ar
raigned and pleaded not guilty. The
case was transferred to Helena and the
defendant admitted to bail in the sum
of $3.50.
Frank Pollenger was arraigned on
the indictment returned against him for
introducing liquor on an Indian reeer-
walton. AS he was without counsel and
mad no IunGS ne was BlNeh ~ iIOuTS "
plead. E. c. Boom was appointed to
defend him.
James r. Crownover of Butte filed
petition in bankruptcy. The schedules
show an indebtedness of $1,03015 in
doctors bills and general accounts: no
assets that are not exempt and s25s.5o
that are exempt. The petition was re-
ferred to Thompson Campbell.
The argument in the Davis bank
stock case. which has been going on for
several days before Judge Beatty. was
closed yesterday Attorney j. +. forpis
occupied the morning hours. Judge
Harwood followed in the afternoon
Judge Dixon closed for the de1ehuant
and Attorney Demond finished the ar
gument at the hour of Adjournment.
To-day Judge Beatty will hear arsu-
ments on the demurrer in the case.