The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-07
ROE is NOW IN. MONTANA
Marshal Homan Is in Helena
With His Man.
THE ARREST AT LINCOLN
What the Papers Have to Say About It.
The jail Keys Dlsappeared-Roe
Was Released for Only
Few Minutes.

George NJ. Roe, who is suspected OF
being the man who held up Agent Ell
dred at Warm Springs, some time ago,
is now in Helena, and it is expected
that he will be here this morning.
Deputy United States Marshal Ho-
man of Nebraska yesterday sent a
Office saying that he had arrived with
his man, and would probably be in
Anaconda early this morning.
The following article is the report of
Lincoln. Neb., newspaper of the ar
rest of G. M Roe by Detective Hunt.
In the report it will be seen that the
authorities Of Lincoln encountered con-
siderable difficulty in serving out the
writ of habeas corpus. Detective Hunt.
who wanted to gain time and did not
wish Roe to be discharged from the Jail
before he had all his papers for his
mans arrest, got hold of the key to
Roes cell and he kept away from the
officers until everything was fixed:
George M. Roe. the man who was
arrested Sunday night in this city on
the charge of robbing a station agent
at Warm Springs, Mont. enjoyed free
dom for few seconds last night, hay
ing secured his discharge on writ of
habeas corpus sworn out in Judge
Frosts court yesterday afternoon. AS
soon as the judge pronounced the
words the man arose and thanked the
court and his friends for the interest
they had taken in his case, but a min
ute later he was again arrested on a
warrant issued by United States Com
missioner Billingsley charging him
with tampering with the mails. 1t is
1Df al ftof ,f
stolen from the station agent at Warm
Springs was the property of the United
States. The warrant was served by
Detective Malone, and the prisoner
was turned over to United States Mar
shall Thummel and was committed to
the county Jail.
"In the writ of habeas cor~us it was
averred that the prisoner was being UNI
lawfully detained and on the showing
made by Roe's attorney last night he
was discharged from custody. 1t was
shown that Sheriff Hunt of Montana
was not vested with the proper author
ity to hold the man.
''The officers in whose hands was
placed the writ experienced consider
able difficulty in serving the papers.
BY some mistake the key to the cell in
which Roe was confined was lost and
it required the combined assistance of
nearly all of the deputy sheriffs and the
policemen to find it. The writ of ha-
beas corpus was addressed to Sheriff
Hunt, Detective Malone, Captain Nc
Clay of the day police force and Chief
was made to serve the writ on Sheriff
Hunt. but that official could not be
found. Detective Malone was also
looked for but was not found. 1t was
then decided to serve the writ on the
chief of police at his home. but this
was not done until after o'clock last
night. In the meantime, Judge Frost
was patiently waiting the return Of the
writ with the body of the prisoner. The
key was finally located shortly before 3
o'clock. and the cell was then unlocked
and the prisoner taken to the court
house. A few minutes after the man
left the station under the charge of an
officer. Night Captain Ireland discov-
cred that he had forgotten to send the
original warrant and the writ OF ha-
beas corpus. This occasioned another
short delay.
THE hearing on the writ Of habeas
corpus was before Judge Frost in the
district clerks office. 1t required but a
few minutes to demonstrate that the
prisoner was being unlawfully held and
in order to prevent continuance of
the case until this morning Detective
Malone remarked that so far as the Do-
lice We're concerned they were willing
that he be discharged. AS the aplca-
tion was not contested bu the Montana
sheriff. the court decided to release the
man. Detective Malone had been depu-
tized by United States Commissioner
Billingsley to serve the warrant which
was issued on an affidavit signed by
Deputy District ATTORNEY Rush, who
swore that to the best of his knowledge
Roe felonously, wilfull-- and feloniously
broke into the station at Warm Springs.
a portion of which was used as post
office by the government. and that he
stole therefrom $40 in currency belong
ing to the United States This affidavit
was made en- the informa ton of Sheriff
Hunt of Montana. The latter was in
strumental in delaying matters by
lodging denuty sheriff and it was not
until nearly o'clock that he could be
found to furnish the desired Informal
ton uuon which the warrant was to be
sworn out.
Detective Malone said that he had
learned about 6 o'clock that habeas cor
pus proceedings had been commenced
He made an attempt to find Sheriff
Hunt, but was unable to locate him.
He then hunted up the United States
marshal. intending to go before Com
missioner Billingsley and secure war
rant. Only a portion of the money
stolen from the station agent at Warm
Springs belonged to the government,
and it was necessary to find the Mon
tana sheriff to ascertain the exact
amount. Malone telephoned to the po-
lice station and asked to have an Off
Ger sent out to look for the man. Ser
geant Smell was detailed to find the
sheriff but he only succeeded in CATCH
ing sight of him as he was going out
of the Lincoln hotel. While Smell and
Malone We're trying to find the sheriff,
Deputy Sheriff Porter was vainly try
inc to serve the writ on him and the
latter was just as energetic in his at
tempt to prevent the service of the pa
pers Porter walked up to the clerk
at the Lincoln hotel and asked if Hunt
was in the house. The latter happened
to be sitting in the lobby and the clerk
pointed him out to the deputy. Hunt
noticed this and Immediately arose and
left the hotel. He was finally found
by Malone, however, and furnished the
desired information. After the war
rant had been secured from Commits
sioner Billingsley the key to the cell in
which Roe was confined was suddenly
found and the man was taken to the
court house.