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

planation and then ran northwest
across a vacant lot. but Lewis did not
follow them. He said he had concluded
by that time that 1t was foolish for
unarmed men to run after one who had
a gum for he still believed the two men
were running after the supposed muir
derer He had seen the man turn down
Alabama street, but when the two men
told him different he thought he might
have been mistaken. After the two men
had disappeared Lewis and Mr. Canty
went together to the scene of the shoot
ing and found William Kroeger, the
wounded nan, lying in the street. He
tried several times to get up, but fell
back each time. The witness said that
when he first saw the three men run
ming from the scene of the shooting
one of them was crying ''nelp" and
murder
How far did you run with the two
! men?" asked Mr.. Baldwin, after the
witness had told his story.
A little more than a block"
State what you observed as to the
relative size of the two men,"
'One was shorter than the other, and
he was doing the talking and was near
est to me-
Had you any means of knowing who
was the man being chased by them?"
We'll, when l got back to the scene
OF the shooting 1 was told.
The witness said soon after he had
reached the side of the wounded man
| Henry kroeger came up with a pistol
in his hand. He was very much excited
and knelt by his brother and asked if
he was dead.
They Wore No Masks.
Were the face of the men you were
running with obscured by masks?"
asked Mr.. Baldwin, getting back to the
important part of the young mans tes-
timony
NO, sir
Did you have an opportunity to see
their faces?"
Yes, | saw the shorter one several
times as he turned his face toward me
while we were talking, and when l first
Joined them / saw the other ones face
also"
Did you observe any apparent differ
ence as TO their ages?"
My impression was that the taller of
the two was the youngest
Was that indicated by their move
ments or appearance
1T was indicated by the glimpse |
caught of their faces
Were they moving with the same
degree of actiyity?"
Il couldn't say as to that. Both were
going at pretty good gait but they
Stacked up a little when l Joined
them
Did you or did they begin the con-
versation 2''
Il began it, l asked them what was
up"
In response to that. did both speak?"
thlnk only one spoke, the one near
est to me-
DO you recall the words he used?"
He told me there had been hold-up
and that a policeman had been killed
| asked him who did 1t, and he said the
man ahead did it,
The witness said he told the men he
thought II was queer that a murderer
should be "hollering,' as the man ahead
did, and one of the two running with
Louis replied that he did it for the pur-
pose of avoiding attention being drawn
to himself. The witness said the taller
ot the two men was young and clean
shaved.
Have you since that night had an
opportunity to see the defendants
Moody and Franey2"
Yes, sir
Have You seen Franey recently"
Yes, sir.
DO you think you would know that
man now?'
Yes. SIR
Mr. Baldwin then renewed his request
of the court that Franey, the eo-defend-
ant of Moody. be brought into court for
the purpose of identification. but Judge
Clancy denied the request holding that
ne would be furnishing evidence against
himself
You may state what kind of hats the
two men wore" asked Mr. Baldwin, re-
neWlng the examination of the witness
The smaller one wore a black slouch
nat and the taller one wore small, light
colored felt hat
Did you identify any one Of the two
by his face?'
Yes. sir
WASP"
Il believe I do
Who was he?"
He Is sure of Franey.
To the best of my judgment, it was
Thomas Franey"
Did You see him afterwards2"
Yes. | saw him in the county at
1orneys office about two week after
DID you see him more than once ?'
dld not see him again until at the
preliminary trial"
Did You observe him closely to see
u ne was the same man You We're run
ming with ?"
Il did"
Did you then identify him as one Of
the two men2a
Yes, sir: l was satisfied then that
he was the man
Is there anything about his features
that impressed itself on your mind >"
He has got a face that a person VINO
saw II once would never forget it, esDe-
cially his eyes. ] thought that night
and the next dag that Il / should ever