The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1922-12-28

scsr Rice Boards ''Hhiner'' In His
,sir Near culdesac and Takes Man
After Near rstal Gun Battle

1ts following story from Wednes
~ Lewiston Tribune smacks inter
6ugly of the oft told tales Of moon
a,iug and the revonewers in tn
d days among the hills of the south
]. states, and shows that the officer
J, lust as fearless now in enforcing
i, law as were the heroes Of tnos'
sks;
After demanding preliminary hear
!, before United States Commission
0'Neil, following his arrest las
sunday morning. by United States
n6ssrs James r. Rice and FrhnA
vuluer, Joe Deckard, better known
i Toe Decker, was taken before tht
sunissioner yesterday morning at Il
MIX. and as the outcome his bono
d increased from $4,000 to $4,000
nskard entered a plea of not guilty
bsiag in the monshining business OF
Ia Nez Perce reservation through bis
suassl, Attorney Clay McNamee, and
utsr hearing the complaint, which con-
aimed number Of counts, read, tho
ommissioner started taking testimony
Officer Rice being the only one to be
Questioned, however.
Officer Rice testified that he had
snown of Deckard for some time, but
dat his close aequaintanceship was
Itrmed last Saturday morning in the
Rasy creek canyon, about four miles
south of Culdesae, when Deckard tired
II r. u the officer from Sn-3a Win.
hester rifle, one of the softnosed bull
lets passing through Rice's hat about
ihres -eighths of an inch from the fore
hesG, passing the entire distance Gov
sred by the face, and not up.
Judge O'Neill asked the officer to
'elate his experiences on last satur-
lay, while he and Officer Mariner
we're seeking the location of the stu
ID their endeavor to land the man re-
Iponsible for manufacturing the liquor.
Rice stated that he and Mariner
lad found in the cabin in Rocky can
ron the articles stated in the com
,laint, namely, two stills that had been
a operation up to the very moment OF
he raid, this being proven by the
boiling water in each; number OF
ugs, containing in all, 240 gallons OF
lash, and I6 gallons of finished moon.
hine, and five large barrels contain
lg mash; these being estimated At
'om 4S to so gallon capacity, together
ith two copper worms.
The witness then told of the arrest
Deekard and the events leading up
it. The officers were passing an
en- piece of ground about 200 yards
de when they spied Deckard's cabin,
IS view giving the occupants Of the
use chance to see persons approach
!. The cabin itself, Rice stated, isl
leed against q hillside, three sides
il practically being buried from
Nv, with a clump Of trees also aid
, as q protective measure. 1t was
en- the officers were within about
yards Of the house, when they saw
man run from the place, mount .
'se and take off, going up the can
q. No attempt was made to stop
d as the officers felt sure that the
n they wanted was still in tnef
lse, although the fellow making his
away was known to Rice, and Rice
known to him, according to a state
Mt adduced at the hearing.
The Officers now reached the cabin,
| found themselves barred well by
Iouble door. Mariner tried TO open
with bis hands, but a pick lying
n offered a more simple remedy,
with this it was beaten in and dug
]. When Mariner pried the door
n Officer Rice started to enter, and
] met with growl from an Aire-
e dog lying directly within the pors
The dog was calmed somewhat
Officer Rice then advanced eau
lsly, and when be stepped farther
de he was met with the command
stick 'em up" this being thrice
aated. The voice came from tns
kest corner of the room, and the
GERS body was silhouettedA against
brightness of day. Rice did nos
or, and it was then that Deckard
d two shots at the officer, ono
sing through the front brim OF his
hat. Whether Deeknrd shot first
Q could not say, but his two shots
n his revolver and the two from
rifle in Deckard's hands, sounded
{ fired in unison.
ice now threw himself back to ths
r he stated and wormed his way out.
en- the shot passed through his hat,
officer moved his head slightly to
side, by intuition, and at this june
he commanded Deckard to come
or suffer having his cabin burned
lie he was within, Officer Mariner
lg prepared to execute this part
he lob. No response was had to the