Daily inter mountain., 1899-02-10
Commissioner HOuck Renders
His Decision.
EVIDENCE OF WITNESSES
In the Warm Springs Robbery Case--
Henley Was ReleaSed--An
insane Man Kidnapped

Springs depot, was held before United
States Commissioner Houck yesterday.
r. c. Henley, the co-defendant, was dis
charged at the close of Roe's eXamina-
ton, there being no case against him,
his arrest evidently having been made to
bring out some point in the prosecu-
ton.
I. S. Eldred. the station agent, was the
first witness. He told of the robbery.
He said that about Gas o'clock on the
evening of January IA he had just fin
ished his supper and had occasion to go
out on the platform. AS he did so he
saw man lodging behind him. The
man leveed 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 were
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 eight or ten yards and
then the man left him and went away.
The witness went back into the office
and telephoned to the asylum, and in
short time the guards and men came
down and began looking for the robber.
On cross-eXamination by Attorney
Trippett, Edred testified that he told the
officers in Anaconda over the telephone
that he did not know who held him up
T1ntectiva Hum al oPl
Roe two days afterwards Roe's voice !
came back to him then. He knew Roe |
well, for he used to come down and play
with his children Roes face was COW
sred with a mask, black cap was pulled |
down over his head, and his coat collar
was turned up, but he did not know it
was Roe then or until told SO by Detec- |
tive Hunt. He did not see his eyes; could
not say what kind of a gun it was |
Nearly all the men at Warm Springs |
came down to the depot shortly after the I
hold-up, Roe was among them. He was
positive of that.
r. c. Henley, the co-defendant, was the !
next witness. He was a resident of
Warm Springs for seven years. Saw
Eldred held up on January IA Witness
asylum short time before. They came !
asylum short time beforr. They came |
out together. Roe went north toward his |
room, witness went south, coming to the
depot in time to see the hold-up. He
ran back to the asylum office and report
ed the matter. DR.. Musigbrod and he
went down to Girards store and then
went over to the depot where a crowd
had congregated, among them Roe
Attorney Duffy, counsel for Henley,
SAID he desired to have the witness tell
how the detectives and Undted States
officers tried to bluff witness.
ON cross-examination he testified that
the alarm had reached the office before
q a 90 iph l,I- ~, L,
but he did not see him.
Prosecuting Attorney English wished to
make 1t clear that witness had not been
intimldated at any time.
Witness testified that Attorney Eng
lish, Deputy Sheriff Wall or Postoffice IN
spsctor Wood had not done so. Detec-
tive Hunt visited him at the Jail and said
he did not want to be blamed for his ar
rest.
w. O. Downs, the roommate of Roe at
the Springs, was in his room about
o'clock p. m. Roe came in about that
time with his coat and vest on his arm
opened his grip and took something out
or else put something in it. 1t might
have been laundry; it was done in the
presence of four men. II was 80 minutes
after the hold-up.
The next witness was George T. Kelly
Attorney Trippett objected to his being
placed on the stand, on the grounds that
he was an insane patient from the asy-
lum.
Attorney Duffey produced a warrant
from DR.. Warren. one Of the asylum
physicians, asking that he cause Kelly
who was an insane patient, to be re-
turned to the asylum. Attorney Duffy
scored the detectives in the case for
stealing Kelly away from the asylum
When asked by Commissioner Houck
Kelly sald he had been committed from
Custer county to the insane asylum
DUFFY said he represented the county
of Deer Lodge as county attorney and
DR.. Warren of the insane asyluln and
L say the United States stole DR. War
ren's insane patient" pointing to the
witness in the chair.
Trippett also objected but Commissions
er Houck allowed the witness to answer
few questions and then told him to
stand aside. Deputy Sheriff Burnham
came in and County Attorney Duffy or
dered Kelly, the insane patient removed
to the county Jail which was done
Detective Hunt described Roes arrest
at Yankee Hill, Neb. The defendant when
told he was wanted in Anaconda. Mon
tana, wanted to know if it was for that
Warm Springs affair. Defendant said he
was innocent as a child but was afraid
he would be convicted in strange coun-
try. Roe had gun which he claimed he
did not get in Montana.
Postoflice Inspector James D. Wood has
been in inspector for IA years. He met
Roe in Lincoln, Neb., February 8, the
time he was arrested, and came back on
the same train. Roe had told him he
was innocent. He Roe) was afraid HI,