The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-17

in weight. He was of medium build.
| wore dark clothes and had a black
| SLOUGH hat and a white handkerchief
| over his face, with the corners hanging
| down. The robber who confronted the
| witness brother was a heavier man
than his companion and about two
| inches taller, and of broader shoulders.
| and also Wore dark clothes. The wit
| ness said the man who held the gun in
! his face seemed to hold his arm crooked
as if there was something wrong with
him, and it appeared as If his wrist was
| bandaged.
Recognized the Voice.
Mr.. McClernan entered an objection
to the witness describing Franey but it
! was overruled The witness could not
give description of the revolvers held
by the robbers, but his impression was
that they We're short, dark guns. The
/ commands to throw up hands were
| made by the shorter of the two rob-
bers, the one who confronted the Wit
/ ness. The voice who afterwards tod
him to shut up or he would get the
same dose was not the same that
commanded him to throw up his hands
/ He was positive of that The voices
/ were very dissimilar The witness said
/ he saw Moody and Franey together in
/ the county attorneys office after their
| arrest, and previously had seen Moody
/
| he answered very we'll for the taller of
| the two robbers. He saw F'raney at the
| city jail and said he answered the de-
/ scription of the other man and his toice
/ was like the one that commanded him
| to throw up his hands. The witness also
| saw number of other men arrested It's
suspects, but they did not answer the
| description Of the two highwaymsn ana
| he asked that they be released which
was done. When Kroeger talked 10
| f'raney in the city Jail the prisoners
| voice seemed to lack the high pit II of
| the voice that commanded the witness
! to throw up his hands, bue subsequently,
| he saw and talked to FranCy in the lait-
| er's office at the county jail. I'.afey
| said to kroeger that he should not take
| the evidence of other people as to the
/ identification, but TO rely on his own
| knowledge. While they Were talking
over the case Franey became exciia.i
/ and his voice was rails a to a higher
| pitch
1t sounded then exactly like he voice
! that told me to tht,W up my hands,
said the witness
The first time Kroeger saw Moody in
the county jail, few days after the
murder Moody gave unmistakable
signs of nervousness. 4 should say evil
dence of fright" said the witness He
seemed TO be afraid and tried to keep
away from me. The jailer asked him
several questions and he didn't seem
to be able to talk. He spoke in broken
sentences as il he had something in
his throat"
When he first saw Franey the latter
also acted nervous and tried to avoid
kroeger's gaze, but he did not show
such extreme nervousness as Moody
did The witness would not be sure
of Moody's voice. but the general out
lines build and appearances of the two
defendants We're the same as these of
- ia DagTlA a
Franey was exactly that of the man
who gave the command to throw up
hands.
On Cross-Examination.
On cross-examination by w ].
Naughton the witness said that he
locked at the court house clock before
starting for home and estimated from
that that 1t was about 20 minutes after
30 o'clock when the hold-up occurred
and the murder was committed Mr.
Naughton read from the testimony TAX
en- at the coroners inquest which rep
resented the witness as saying the rob-
bers had their faces covered with dark
handkerchiefs. Mr.. kroeger said it was
a mistake, for the men wore white
handkerchiefs. and of that he was posi-
tive, and always had been.
Mr.. Naughton asked the witness If he
did not state to Deputy Sheriff Sidlev.
/ after one Of his visits To Moody ard
Franey in jail, that they were not the
men who held up his brother and him
self. The witness denied making any
such statement to the deputy sheriff.
He was then asked if he had said to
one Angus Mcleod that it was impossi-
BILE to identify his assailants. as the
night was too dark. Mr.. Kroeger said
lie might have said 50. but by that he
meant that he could not see sufficient
of their faces to recognize them.
'9ou don't undertake to positively
1 - 4.
of the men who assailed your"
The extent of ~ Identification is
the general height and build of the two
men and the voice of Franey."
Mr.. Kroeger said he had no recollec-
i ton OF telling the man Mcleod or any
che else that he could not identify his
assailants as II was too dark and that
he did not hear their voices as he was
too much excited. He declared that he
never told Deputy Sheriff Sidley that
Moody and Franey We're not the men
who held him and his brother up.
The witness said he did NOT see the
| two highwaymen approach. The first
/ ne saw of them they were standing
! right IN front of them with their guns
/ leveled.
sigmund Meyer
| sigmund Meyer a clerk ~ years of
/ age, was the next witness. and testified
that he knew both Moody and F'raney
It liIsL SAN MOODY when ne was I'M
ahF arrest III connection with the Clan
ey gang Of robbers, and after his re-
lease he frequently Saw him, in COM
panS With FraHey. hanging around a
saloon on Main street near Calana
tie saw them the day before the muir
der and Franey then had his riga.
hand and wrist handagad and was car
rylng his arm III handkerchief sling
suspended from his neck. He next saw
the two men about 10 o'clock on the
night OF the murder He was going
west ON the south side If Park street
and caught up with Moody and Fraaav
who We're walking in the same dirac-
ucn. He follow 5 within a few feet
81 them until they reached the Pa
reehlal school a Tile corner Of Wash
ingten and PARK ii which point Fra
+ neg turned suddenly about and looked