The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-17
He Is Accused Of Holding Up and Killing Paul Kroeger
Cold Blood Last May
THE TESTIMONY OF THE MURDERED MANS BROTHER
He Tells Again the Story of the Famous and Fatefu Hold
up-A Description of the tiighwaym He Recog-
nized Franey's Voice When He Talked
With Him in the JAIL

The trial of Frank Moody, one of two
men charged with the murder of Paul
F. w. kroeger, was begun in Judge
Clancy's court yesterday morning.
County Attorney Stapleton made the
opening statement to the jury. He said
the state would show by testimony that
on the 25th day of last May, at the juno
ton of Crystal and Park streets. +. +.
w. Kroeger was held up and shot bytwo
highwaymen and that the defendant
Moody and his partner, Thomas
Franey, We're seen there before and di-
rectly after the shooting and that cir
cumstances pointed to Moody and
F'raney as the guilty parties.
Henry Kroeger, brother of the man
who was killed. was the first witness
called. The witness said he was en-
gagged in the business OF manufacturing
soda and mineral water at No. 1870 West
Park street. On the evening of May
20 he attended meeting Of the Royal
Arcanum and afterwards went to his
place of business, where he met his
brother and business partner, Paul T.
w. Kroegep, better known as William
Kroeger, and together they started
home, going west on Park street. They
passed several persons on the street,
among them a police officer at Wash
ington. As they walked along the wit
ness brother was on the outside Of the
sidewalk. When they reached Crystal
street they stopped, as William had TO
go south on that street to reach his
home. They had stopped but mo-
ment when they We're confronted by two
men, who ordered them to throw up
their hands. The highwaymen wore
white handkerchief over their faces.
under their eyes. and had their hats
pulled down. Each had a gun, which
ha cd at ba nd
brother as they gave the command to
throw up their hands.
1t startled Him.
THE command startled me at first and
the men repeated it, said the Witness
My hands came up then, as | thought
that the best thing to do under the cir
cumstances, but my brother resisted and
thrust out his right hand toward his
aSsailant as If to ward him off or grab
him by the throat. His assailant
backed up three or four steps and my
brother followed and then a shot was
fired and my brother wheeled around
and fell. | believed that my own life
was in danger and being for the mo-
ment unguarded by the r0bber ! turned
and ran down Park street and cried
murder and help Then / heard an
other shot and thinking it was fired at
me it caused me to increase my speed.
| heard two men running behind me
and as | still cried for help one of them
said to me: Shut up, you or
you'll get the same dose ] continued
to run and | met some man. who asked
what was the matter, but / could only
point my hand and say murder / ran
on till / came to my home at Alabama
street. where / slipped and fell | ex-
pected to be killed and | laid quiet and
listened. | heard the two men still run
ming on the sidewalk on Park street
and soon the sounds of their footsteps
ceased"
The witness said he was nearly fright
ened to death. He finally got into the
house and it took him some time to
explain things to his wife. He then got
a gun and. with some men who had
gathered. he went back to the place
where his brother was shot. He found
him lying in the street, and stopping
down asked him if he was badly hurt
I believe | am done for, replied
the wounded man. Take care of my
family
DIR. Wells had been summoned and
had made an examination and found
that hroeger had two bullet wounds in
his, body. He was carried to Wells
hospital, which was close by, where he
was given surgical care. but he died
within an hour or two. The witness
said he was not present when his brother
died, as he had been compelled to go
home on account of his suffering from
the terrible nervous strain.
At this point of the testimony Mr..
Baldwin, the special prosecutor. made
request of the court that Thomas
Franey, Moodys co-defendant, be
brought into court for the purpose of
Identification. Mr.. Baldwin made
long statement of his object, after which
Mr.. McGlernan. of counsel for defend
ant, objected to the presence Of Traney
on the ground that Franey, also being
accused, could not be made to furnish
testimony against himself and for the
further reason that. the identity of
Moody could not be proved by the iden-
tification of Franey. Mr.. Baldwin said
the testimony would be positive as 10
the identification of one of the defend
ants and that the two men were seen to-
gether Immediately before and after the
commission of the crime.
Judge Clancy denied MIR BaldWins
request and said the defendant Moody
could not be tried on Franey's case and
suggested that If the state did not have
a case against Moody he ought TO be
discharged and the trial Of Franey
taken IN.
The witness was then requested to
give description Of the two highway
men at the time of the hold-up and he
said he was confronted by the shorter
of the two men, who was about feet
inches in height and about f55 pounds