The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-19

Frank Moody, tried for the murder
of Paul F. W. Kroeger. was declared
not guilty last night by jury under
instructions from Judge William Clan
cy, who expressed a belief from the
bench that the defendant was innocent,
or at least not proven guilty, although
many others who heard the testimony,
very strongly disagreed with the court,
the jury among the number. In many
respects the proceedings leading up to
Moody's discharge were remarkable, as
will appear from the report of the trial
yesterday The state closed its case
with what might be considered evidence
of most positive character that
Thomas Franey was one of the two
men who murdered Kroeger and that
where Franey was, there Moody was
too; but at the conclusion of the states
case the defendants attorneys moved
the court to instruct the jury to acquit,
which instruction the court gave, but
in spite of the instruction the jury went
out and voted for seven hours-3 to A.
to convict of murder in the first degree,
which the court refused to accept, and
a verdict of mot guilty" was finally Sc
cured from the jury. The jurors in the
case were: F. o. Nelson, Michael Jet
te, John Noonan, John II. Gilbert, w.
T.. Townsend, Howard Adams, William
Hosty Thomas Hoolahan. John b.
Jones, William H. Price, Peter Conway
and James Hooking.
Franey is yet to be tried and County
Attorney Stapleton announced last eve
ming that the case would be proceeded
with Immediately.
Dean the stand.
The cross ss-examination of Clyde c.
Coulter, ex-city jailer, was concluded
yesterday morning, and E. c. Dean, an
ex-polce officer. was called to the wit
ness stand and testified that his beat
took in the place where the murder was
committed. He said he had been un-
fortunate enough TO be one of the last
men put on the force and he was given
the west beat on night shift and was
kept on at night there for II or IA con-
secutive weeks. His beat took in all
the territory from Park and Washing
ton west across the gulch and every
thing north to the city limits. Mr.. Dean
testified about the lights on Park
street, west of Crystal street, which he
said We're good. He had bullet which
was found at the spot where Kroeger
was shot. He also said ne saw some
blood at the place.
jerry j. Murphy, the city detective,
testified that on the night of the muir
der the police We're instructed to arrest
all the suspicious characters about
town and Moody was included in the
list and was arrested the next morn
ing. The witness and several other Off
GERS made a search of Moody and Fra
neys room. When Mr.. Murphy return
ed to the city jail Moody asked him
why he was arresteSand the detective
informed him as to the reason. This
was subsequent TO the time Franey
called at the jail and told Moody that
they would have no trouble to prove an
alibi. During conversation with
Moody the latter told Mr.. Murphy that
he had gone to his room at the Will
house at $50 O'clock on the evening of
the murder. Before F'raney was ar
rested the officers had received inform
alton that Moody and Franey We're seen
near the scene of the murder a short
time before its commission.
.he Muraerers.
Robert ID. Lewis. a clerk in John Tas-
sells shoe store, and the states most
important witness. was next called as
a witness. He said he was 20 years of
age and on the 25th of last May, the
night on which the murder was COM
mitted he resided with his brother at.
61S West Park street He said he had
been visiting friends on West Galena
street and started home shortly after
10 o'clock. He came up Alabama street
and just as turned into Park street he
heard some loud talking about block
east, and then two shots We're fired.
He heard the wounded man groan and
then heard man running along Park
street toward him with two other men
close behind him. Lewis, who had been
going east toward the scene of the
trouble, went over toward the men who
were running and asked the man in ad
vance, who was Henry kroeger, what
was the matter.
kroeger made some reply. but the
young man did not understand him,
but thought he to- him To look out.
He then ran along with the two men
who were following kroger. and asked
them what was the matter and one of
them replied that there had been a
hold-up and that a policeman had been
shot. Lewis asked them who did it,
and they told them the man ahead.
Lewis kept running along with the two
men until he saw the man ahead turn
south on Alabama street and he called
the attention of the two men 10 the
fact. but they said the man had gone
straight ahead and they kept going i'm
that direction. Lewis asked them IL
they had a gun and they replied that
they did not, but that the man ahead
had one and knew how to use ii. and
warned the young man 10 look out for
him.
Lewis ran with the two men until
they came 10 the residence Of Mr.. Cam
ty. beyond Alabama street Mr. Canty
came out and asked what was the mat
ter and the witness stopped and told
him. The two men also made some ex-