The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-10
TRIAL OF FRANK MOODY
One of the Two Charged With
the Kruger Murder.
A CONTINUANCE DENIED
The Drawing of the Jury-The Usual
Number OF Men Found Who Held
Objections to the infection of
Capital Punishment.

The trial Of Frank Moody, one of the
two men charged with the murder of
Paul F. w. Kruger on the 25th of last
May while attempting to hold up and
rob him. was taken up in Judge Clan
/ cy's court yesterday after it had been
/ repeatedly postponed for various rea-
| sons. The state made another effort to
secure continuance on account of an
/ absent witness, but was unsuccessful.
/ When the case was called in the morn
| ing, John T. Baldwin, special prosecu-
| tor, stated that he had just learned
| that subpoena issued on Nov 80 for
| Clyde G. Coulter an ex-city jaier who
| is now residing near Hamilton, had not
| been served and he desired a continu-
ance of the case until the afternoon so
| that the sheriff of Ravalli county could
be communicated with as to whether
Coulter could be found or not A re-
cess was taken until | O'Clock at which
time Mr.. Baldwin stated that nothing
had been heard about the missing wit
ness and made a motion for a further
continuance of the case. in support of
which he read an affidavit made Ivy
County Attorney Stapleton setting
forth the substance of what Coulter
would testify to- The ex-jailer was at
the city jail when Moody was brought
in under arrest and locked up. Thomas
Franey, the other man accused of the
murder, came to the jail shortly after
ward and told Moody that the bulls"
were searching their room He also
said he had talked with a lawyer and
that they would have no trouble in
proving an alibi. Moody had not at
that time been Informed as To why he
had been arrested.
After the affidavit for a continuance
had been read, John McClernan, one of
the defendants attorneys, said they
would admit that Coulter. If present,
would testify as indicated by the afti-
davit, though he did not see the ma
teriality of it. The testimony being adj
mitted the court ordered the trial to be
proceeded with.
At this point the defendant, Franey,
was brought into court and Mr. Me
Clernan objected to his presence during
the trial of Moody. MIR. Baldwin said
there was good reason for having
Franey present. and he then renewed
demand previously made. that Franey
be tried first To which MIR. McGIernan
made an objection.
THE objection is sustained and the
bailiff will take Mr.. Franey back to
jail. said the court
"If you please" said Mr.. Baldwin.
There, that will do interrupted the
judge, shaking his handy finger at Mr..
Baldwin. j will hear no more"
The first II men called into the jury
box We're Richard Jenkins. William j.
Mitchell, john y. AlklnS. E1u 1lDDell,
j. S. Gilston, Howard Adams, William
Hasty, w. ]. Trevithick, Isaac Bar
rough, John Sharp, Joseph Lafaile and
John Shea.
Richard Jenkins said he was lit
tie bit opposed to capital punishment
and did not like to sit on a case inyoIy-
ing the death penalty
William Mitchell said he would not
hang man. circumstantial evidence,
and would not favor the death penalty. |
unless there was IN eye witness to the |
crime. Both men We're excused and
their places We're taken by Evan Evans
and Michael Jette. Mr.. Evans also |
said he did not go much on creum- |
stantial evidence. but he was allowed
to remain.
Ed Tippett said he had an opinion |
that could not be removed by evidence |
and he was excused and John B. Jones
was called, who said he thought cir
cumstantial evidence was the best evil |
denee, provided it was strong enough. |
w. j. Trevithick was opposed to hang
ing man for any crime and he was |
excused, John r. Ross taking his PLACE |
in the jury box. who was acceptable |
to the state.
Isaac Barrough said he did not be-
lieye that a murder could be satisfae-
torily proven by circumstantiaI evil I
dence. and he was let eff.
Peter DobIe was called and passed,
and John Sharp was excused because /
he did not have very good opinion of I
circumstantial evidence.
John Hearn the nexe man called was /
let off for the same reason. and he was +
succeeded in the jury box by Richard t
Kemp, who was passed by the state.
Mr. Baldwin examined jurors with |
out intermission until 3.55 o'clock and I
then he got tired and asked the court I
for fiVe-minute recess. A quarter of +
an hour later Mr.. Baldwin returned to I
the court room.
We'll, Mr.. Baldwin, observed the
court, las YOU have had your smoke
You may now resume and the exam
ination was again taken up
Joseph Iafaile was excused because
he said he could not convict a man on
circumstantial evidence. however
strong. Ed Burube was excused for
the same reason. and John Shea was let
off for the reason that his health was
poor Thomas Temby was called and
excused because he had an
opinion. Duncan McGiliis and Peter
Conway We're called and accepted and
then court adjourned for the day just
as Mr.. Baldwin had concluded his ex-
No peremptory challenges
have yet been exercised and as there
are but six mere names in the jury
box it will be impossible 10 secure a
jury to-day and the case will probably
go over until Monday after the regu-
lar yenire is exhausted
1