The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-10
ROE GIVEN A HEARING
Has Preliminary Examination
Before Commissioners Houck.
EVIDENCE IN THE CASE
Both Sides Hcard-De"ense Fndeavors
to Prove an AL bi Henley Dis
charged on Motion OF the
Prosecution

| 10 the united states court to answer II
a charge of robbing the postoffice a.
| Warm Springs or whether he is fire:
| man, so far as the federal charge is
| concerned. The preliminary examlna-
| ton of Roe took place yesterday after
| noon before United States Commission
er Houck, who held forth in the police
court room of the city hall. The room
| was crowded all afternoon with specta-
| tors, who appeared to take a great deal
| of interest in the proceedings.
The adducing of the testimony was
| like pulling teeth with pair OF for
! ceps. Neither side seemed to be sure of
its ground, and both Mr.. English end
Mr.. Trippet, the counsels for the govern
ment and the defendant respectively,
| moved along with great caution The
most damaging testimony produced by
the prosecution was the positive identi-
ncation of Roe by Postmaster l. S. Ell
dred. who was the victim of the robbery.
Mr.. Eldred swore positively that it was
Roe's voice which had commanded him
to throw up his hands, and that it was
Roe himself who held the gun on n:m
+. K. Ralph, salesman, testified pos
ltlVely thai Roe purchased a revolver
from him on Thursday, January II. he
tween 1890 and 1870 o'clock, and Ed
Hobart testified that on the night of the
robbery he saw Roe going toward the
asylum from the direction of the depot
about the time the alarm was given,
The defense opposed this testimony
in the first place by showing that Mr..
Eldred, on cross-examination, ad-
mitted that although Roes voice
was we'll known to him, he
did not recognize the rob-
ber's voice as being that of Roe until
Two days afterward, when his attention
was called to Roe by Northern Pacific
detective, Notwithstanding the fact that
he had heard Roe speak at considera-
BILE length after the robbery; in the sec
ond place, by testimony that was to the
effect that on January II, the date up
on which Ralph said he bought the gun
between 1880 and 1870, Roe did not
leave Warm Springs until some time
between the hours of l and O'Clock:
and in the third place, by testimony
tending to show that Roe was at the
asylum 1t the time Hobart claims to
have seen him coming from the dir &C.
ton of the station. Roe himself was
put upon the stand and he accounted
for every second of his time between 6
and O'Clock on the night of the rob-
berry, the hours between which it is
alleged to have been committed.
Robert G. Henley, who was arrested
on Wednesday by the United States Off
GERS. was discharged from custody yes
terday on motion of Assistant District
Attorney English. Henley had been ar
rested for completely in the robbery.
l. ). Eldred, the station agent, was
the first witness. He told of the rop-
berry. He said that at about 6:45 O'Clock
on the evening of Jan. IA he had just
finished his supper and had occasion to
go out on the platform. AS ne did so
he saw man lodging behind him. The
man leveled a gun at him and told him
to throw up his hands. At first he did
not comply with the mans request, be-
cause he thought some of the boys We're
joshing him. Upon the second demand
however, he threw up his hands. The
man caught him by the back of his
coat collar and told him to go into the
station He was showed up to the safe
and told to hand over the money box.
He unlocked the safe and handed it
over. The robber then told him to go
outside again, which he did. He was
marched down the track or 10 yards
and then the man left him and went
away. The witness went back into the
office and telephoned to the asylum, and
in a short time the guards and men
came down and began looking for the
robber
The witness said the money box con-
tanned package of money belonging to
the express company, in which there
was $151.4o; $1oo or $1O5 in small bills
and some silver; a 3,000-mileage book
and small black pocketbook. OF the
money $56.59 was postoffice money
The witness then described the man
who held him up. He said the man who
held him up compared exactly in build
with the defendant. He had been ac-
quainted with the defendants voice and
knew it well. 1t was Roes voice that
had ordered him to fork over.
'.Is that the man who held you up?"
asked Mr.. English, indicating Roe.
THAT is the man."
On cross examination, the witness
said he told the sherffs officers here
on the night of the hold-up that he did
not know who held him up, and that he
suspected two hoboes whom he had seen
around there during the afternoon.
Asked as to when he came to the con-
clusion that it was Roe who held him
up, he said it was two days afterward.
who first suggested Roe's name to
you?"
Mr.. Hunt. our detective"
Then you didn't think of Roe as the
nan who held you up until Hunt sug-
gested his name?'
NO, Sir.
The witness saw Roe in about half
an hour after the hold-up. He came
down with the rest of the crowd. He
didn't know whether Roe was the first
or the last of the crowd to arrive.
The witness said the empty money
box was found about SO or IS yards
north of car house, which was about
a fifth of a mile south of the station.
The box had been thrown six or eight
feet from the track. In describing the
surroundings, he said it was about the
same distance from the asylum to the
depot as it was to the place where the
box had been found.
On Saturday, Jan. Is, Roe had bought
a ticket for Butte. The witness had
heard him talk, but at that time did not
recognize the voice.
Robert c. Henley was the next wit
ness. He saw Eldred being held up.
He went to the depot, and upon look
ing through the window, saw the rob-
Der and Eldred before the safe He saw
the robbers back. He could not recog-
niZe the man. He was of about the
same size as Roe.