The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-21
AGAIN BEHIND THE BARS
Frank Moody Staid in Town
Rather Too Long.
ADVISED TO HIT THE TRAIL
When He Struck the Sheriff for Two
Dollars. He Was Invited to Stay
at the Court House for a Few
Days Longer.

Frank Moody is out of luck. and
Judge Clancy may have occasion to ex-
press more sympathy for him on ac-
| count of the trouble he is having in
Butte. On Saturday night, when
Moody was turned loose. one of his at
torneys took him aside and told him
that the best thing he could do was to
hit the trail' and get out of town as
soon as he could. Moody did not give
heed to this advice. He tarried in town
too long, and now he is again behind
the bars of the county Jail. Yesterday
morning he called at the Office of the
clerk of the courts to draw SO in fees
that was coming to him as a witness
in the old hold-up case of ]. d. Casey.
tried many months ago. After he had
received his fees he hunted up Sheriff
Regain.
The sheriff had also been looking for
|. him on instructions from the county at
torney. When he found the sheriff,
Moody asked him for 50 to help him
get out of town. He said he wanted
enough.
Il guess you don't need to CO. replied
the sheriff.
Moody turned several different shades
of red and then asked:
"How's that2"
nave instructions take you DdcK
to JAIL replied the sheriff.
rs that right?'
Yes, that's right.
And Moody was escorted back to
Jail.
He was arrested on the old charge of
having been connected with the Clancy
gang of robbers. He was arrested at
the same time that the other members
of the gang were pulled and mask was
found in his pocket. Other evidence
against him was not strong, however,
and he was released. 1t is likely that
his present arrest is only a scheme to
hold him until the supreme court can
charging Moody on the murder case.
Shortly after his arrest Moody was
taken into the county attorneys office
and put through an examination. He
maintained his innocence of the Kroe-
ger murder or the Clancy robberies
and was sent back to Jail. 1t is likely
that his attorneys will resort to habeas
corpus proceedings.
The case of Thomas Franey came up
yesterday morning, and Mr.. Baldwin,
the special prosecutor, asked that the
trial be proceeded with at once, but
Judge Clancy did not wish to do so on
account of the fact that he had no jury
and because of the approach of the hol-
idays. Mr.. Baldwin reminded the court
that the statutes provided that an ac-
cused person must be tried within six
months of the time at which the in
formation was filed, and If, as might be
anticipated, there would be great diff
Guilty in obtaining a jury, the six
months might expire before the trial.
He said the time would be up on Feb.
5. but in spite of that Judge Clancy set
the case for trial on Jan. il, and issued
g. venire for 200 names, returnable at
that time.
in that" said the judge in reply to Mr..
Baldwin's suggestion that it might be
impossible to get jury and try the
case before Feb. 5.
The judge said he did not want to
run into the holidays and then asked
if Jackson's day, Jan. s. was a legal
holiday in Montana. When being in
formed to the contrary, he said to Mr..
Baldwin:
You are a good Missouri democrat,
and might want to observe Jackson's
day
4 esteem General jackson very high
ly, although I am from Clay county,"
responded Mr.. Baldwin, land am al
ways ready to do honor to his memory
when it does not interfere with the
rules of the court
After this bit of pleasantly the judge
announced that he would adjourn court
until Dec %, and put the Franey case
der vacating the setting of the trial of
J. P. Lesher, which was to have come
up to-day, and made an order extend
ing the time for filing informations
against parties held to the district
court until a week from to-day.
The ruling of Judge Clancy in the
Moody case has been a fruitful subject
of discussion among attorneys. Several
eminent members of the bar declared
themselves unaualfiedly of the opinion
yesterday that under the supreme court
decision in the Thompson case, report
ed in the Ninth Montana Reports the
jury's verdict of murder in the second
degree. returned Saturday night. is
good, and will stand as against Moody.
Notwithstanding the subsequent verdict
of not guilty brought in under the pres
sure of the courts instruction. In the
Thompson case the supreme court held
that when the defense asked for an in
struetion to acuuit, it gambled on the
verdict and took its chances and that
the trial. to all intents and purposes,
had been concluded. In that case the
defendant was convicted of the crime
of rape i'm spite of the courts advice to
acquit. and Thompson was sentenced to
t.