The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-19
see that face again would recognize

see that face again would recognize
it,
Did any one of the two men have
anything in his hands?"
Il believe one had handkerchief in
his hand. but l would not be positive
as to that
Which one?'
Il think the taller of the two"
The witness said he saw Moody at
the jail several times and tried TO
identify him.
When | first saw him in the city Jail
I told them that the man was too heavy
set, but his face was familiar to me
When l saw him afterwards at the
county attorneys office he did not seem
to me to be as heavy rs before"
State whether or not. to the best of
your recollection Moody is the other of
the two men who were running with
you from the scene of the shooting?"
Il wouldn't say positively. His gen
eral makeup answers the description of
the ctaer man. but | couldn't positively
identify him."
10 the best of your knowledge
would you say that he is the other
man?'
ITO the best Of my knowledge 1
would say that he is"
You are positive as to Franey?"
Yes, sir"
The witness said his IMPRESSION was
he was not certain as to one. While
they We're running along one of the
mems mackintoshes caught on a water
hydrant and was torn.
There goes my macintosh he said.
Lewis wasn't certain which one of the
two men made that remark. hut he
thought it was Franey. and his impress
sion was that both wore long coats.
One OF the men asked Lewis If he had
a gun, and he replied that he did not,
and asked the men if they had weapons
and they replied that they did not, but
that the man ahead did, and knew how
to use it.
A sensational Statement.
Lewis made the rather sensational
statement that a witness for the de-
fense had approached him in the corri-
dor of the court house on Friday and
told him he had better look out how
he testified or he would get what 9TH
ers had. and then he spoke Of some one
who had been sent up for two years for
perjury. The witness was informed
that the man who had made the threat
was named Sweet.
Mr. Baldwin asked the court to have
Sweet brought in so that he might be
identified by the witness. but the court
would not permit 1t, and then Mr.. Me-
Ciernan moved that the testimony as
to the alleged threat be stricken out
and the motion was sustained by the
court, who said that the matter didn't
amount to anything
On cross-examination MIR. McClernan
submitted to the witness his testimony,
given at the coroner's inquest. in which
he said the men wore light maclSin-
toshes. He said he did not remember
making such statement, and the tes-
timony had never been read to him, SO
that he had no opportunity to correct
it. When he used the word light" he
meant to distinguish between a light
and heavy coat. lie said that the taller
man of the two, supposedly Moody
with whom he had been running. ap-
peared to have about a weeks growth
of beard on his face, and AIR. McCler-
nan asked him to take look at Moody
and say whether the latter looked as
If he ever had razor on his face. The
witness took a look at the defendant
and said he could not tell whether he
was shayen or had a naturally smooth
face.
The testimony given by the witness
at the preliminary examination. where
in he stated that one of the men wore
grey. Fedora shaped hat. was SUBJ
mitted to the witness and he was asked
TO explain how Ii was that he now said
he wore a light colored hat of differ
ent shape. He replied that he referred
TO Moody in his testimony and that al
the time of the preliminary examina-
tion he did not know what Fedora
shape was and had used the wrong
designation. The cross-examination of
Lewis did not materially affect his tes-
timony.
THE only mistake I made" he said,
was in describing the hat as Fe-
dora"
Mr.. Baldwin asked a few questions
and then Mr.. Meclernan questioned
him further in regard to the impress
tt. I
THAT viii do. YOU can GO" said the
court. interrupting Mr.. McClernan.
"The statute provides that you may
do this thing, but we have had enough
of it,
I'VE desire" said Mr.. Mcclernan.
IF course you always desire" inter-
rupted the court again.
= ito except to the courts ruling in
stopping the defendant on a le-cross-
examination" said Mr. Mcclcrnan
Yes, yes. all right"
Lewis was excused and C. y. Tonnol-
ly. chief deputy county attorney, was
called as a witness and said that on
May 26, the day after the kroeg,Ar
murder. while Moody was under arrest.
he testified in the district court for the
defendant in a robbery case of the state
against James Casey. He gave his tes-
timony about II O'clock and the matter
of his arrest was brought out. Mr.. Con-
HDliA d%hEl tllis IL He KNEW WHY nA WAS
under arrest, and he replied that he did
not.
Tilt With the Court.
Mr.. Mcclernan made demand for
a transcript of the Casey case eor the
purpose of impeaehing Mr.. Connolly
Il am not going 10 try the Casey ease
over again. said the court.
This is a material matter said Mr..
McClernan.
No 'taint." replied the court. The
doctors disagree
Then | move to strike cut all of Mr.
Connolly's testimony"
mo, | won't do that
j. A Canty. the .1ext witness. who
resides on West Park street. beyond
Alabama, said he had heard the shots
fired that killed hronser. and went oul
on the porch to investigate. lie saw
three men running toward him and an-
other running down Alabama street.
when the three men came up To him he
asked them what Lac happened, and
one Of them. whom he reco snizad as
Mr. Lewis. replied shas there had been
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