Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-10-19
dan CAR" NOW
UNDER AIRES!
WRIT OF HABEAS CORPUS ISSUED
RETURNABLE WEDNESDAY.
ASKING FOR HIS RELEASE
WAS ACTING AS AN OFFICER.

After a legal battle OF several
weeks. A. D. Carr, the Orofino ranch
er charged with the murder of
George Moore, has been ordered COM
mitted to the county Jail by District
Judge +. c. Steele. The order was
made late Saturday and the argu-
ment on a writ of habeas corpus will
be made before the court Wednesday.
The petition upon which the writ
was issued alleges Carr is illegally
confined and that at the time Carr
If alleged to have killed Moore he
was acting in the capacity of an Off
Gel in an attempt to recapture Moore
and associates, who were fugitives
from justice.
The prosecution against Carr has
been waged by W. p. Reed. who was
&C companying Moore at the time of
the shooting and who received a Sc
we're wound through the right fore
arm. which nearly resulted in his
death. A. J. Sloan, another COM
pa nion of Moore was shot through
the throat and Arthur Rice, the
fourth member of the party, escaped
injury, but will be used as wit
ress against Carr.
The trouble dates back to the time
Carr secured warrants for the arrest
OF Moore and friends on charge Of
cattle stealing. Sloan was first ar
rested, but was released upon 800
bonds for his appearance before the
district court Rice was then ar
rested and demanded a preliminary
examination and at the time for his
preliminary Reed surrendered him
self to the constable at Orofino. The
charges against both defendants
were dismissed upon motion of the
county attorney, but the constable
was Immediately ordered to rearrest
both defendants and bring them to
Lewiston. Rice was arrested under
warrant secured by the county at
torney in Justice Hazen's court,
while Reed was held without war
rant. After spending some time
about the town, Reed mounted his
horse and rode away and was Joined
outside OF town by Rice. who had
been allowed his liberty without a
guard.
Reed and Rice were Joined on the
road by Moore and Sloan and togeth-
er the party started north on the
Pierce City road. The shooting at
fray with Carr took place about six
miles from town, where the COM
planning witness alleges Carr had
secreted himself in the bushes and
opened fire. killing Moore without
warming. But a few minutes before,
the men alTege, they were ambushed
by Albert Carr and Ben Craig, who
were secreted behind a cabin and
opened flre without giving them an
opportunity to surrender. Young
Carr and Craig were arrested on
charges Of assault with intent to
commit murder and are held to the
district court under bonds.
After the shooting Reed. Rice anc
Sloan separated Reed being com
perPed to Tie down. Rice and Sloal
went to the cabin Of the former
where they surresdered two day,
later. Reed was then found in a dy'
ling condition and after beine
brought to Lewiston was placed RI
the hospital for treatment.
The warrant for the arrest o.
Carr on the murder charge was Sc
cured BY Reed after he had sufficient
~ recovered to be removed to The
county jair, and after two unsuccess
full attempts to dismiss the case by
County Attorney Needham Carr ap
pt AIRED in court and entered pea O
not guilty. At the time OF the ar
raignment stipulation entered
into by County Attorney Needhan
land by Attorney G. w. Tannahfll TO
the defense. fixing the date for pre-
|l.minary examination well into No
vember, was offered. The terms o
the stipulation were opposed by At
&c rneys Clay McNamee and j. l.
: Harm. representing the interests o
the complaining witness. The stipu
la ton was disallowed by Justice g
the Peace c. P. Coburn, and the Pre-
limfnary was held in September.
| During these proceedings Count
Attorney Needham declined to ap
pear in the case and dfsclaimef tn
re sponsibility for an associate eoun
D sci. Attorney Tannahfll appeared a
the preliminary only to state tn
proceedings were Illegal because c
continuance beyond the time a
lowed by law.
As a result Of the preffminar
s Carr was held 10 the district cour
9 without bonds and ordered commit
tedd to the county Jail. Upon tn
advice OF the county attorney. Shel
l. IN Lydon declined to incarcerate IN
g defendant. and the action Saturda
o is new development resulting frol
the efforts OF Attorneys Nickname
" and Harm to have the law enforced