The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-18
TRIAL OF FRANK MOODY
Establishing a Strong Case of
Circunastantial Evidence.
STATE WEAVES ITS MOOSE
The Strong Points Against Moody
Summed Up-A Weak Spot in the
Testimony of the Proprietress
of the Will House.

The trial of Frank Moody for the muir
der of Paul f. w. Kroeger presents
some interesting features on circum-
stantial evidence. At the close of the |
first day of the trial the state had a |
very strong case against both Moody
and his partner Thomas Franey, but
yesterdays proceedings left the case OF
the prosecution far less positive. The
strong points of the state may be
summed UP as follows:
Moody had a previously bad reputa-
ton and was an associate of Franey. He |
was seen with Franey frequently for
several days prior to the murder, and
about 20 minutes before kroeger was
shot and killed at Crystal and Park
streets the two men were seen at the
corner of Park and Washington. two
blocks east of Crystal Moody had been
seen hanging around the scene of the
hold-up several hours earlier in the
evening. Franey's voice was positively
identified by Henry Kroeger, who was
with his brother when the latter was
killed by the highwaymen. Two days be-
fore the murder Franey carried his right
arm In a sling, having evidently been
injured. When the man held the gun
at Henry Kroeger's head his arm was
held crooked and his wrist was band
aged. The general build of Moody and
Franey perfectly correspondent with that
of the two highwaymen. One of the
men wore a light colored soft hat, and
Moody Wore the same kind of hat
when he returned to his room at the
VIII house. shortly after the murder, on
the 25th of last May. Several persons
saw two men running from the scene of
the murder and one OF the men APP
peared well along in years, as he was
slightly stopped. The description fits
! Franey. The murdered man was at the
California brewery a very short. time
before he was killed, but left the place
at 10 o'clock or a few minutes later.
While in the saloon he displayed some
money. Moody and F'raney and COM
| panon named Cramer We're in the saloon
at the same time and left the place
| about the same time that Kroeger did.
| That is about the substance of the tes-
| timony SO far introduced by the state.
though still stronger testimony is prom
/ ised.
The Weak side.
! AS against this showing il was brought
out, also by the states witnesses, that
| the murder was committed at 1926
/ O'Clock, and that the murderers ran
west across Missoula gulch, a distance
| of two blocks at least. Ii Moody and
| Franey were the murderers they doubled
on their tracks and returned to their
| room at the VIII house on East Broad
| way, in doing which they had to cover
at least II blocks. The proprietress of the
| VIII house testified at the trial yesteT
day that she saw Moody and Franey
at her house at 10.45 o'clock, as indi-
Gated by her timepiece, which she said
was always kept is minutes faster than
the time shown by the court house
clock, and the actual time would there
fore have been 1890 when she saw the
two men. That would have given them
only four minutes to travel IL blocks.
This, the defense claims, would have
been an impossibility, and they promise
to further strengthen the abb with the
testimony of the man Cramer, who
claims to have been with the two men
during all that evening.
The prosecution, on the other hand,
says the VIII house proprietress is
simply mistaken as to the time, and
point to the fact that at the preliminary
trial she testified. without the qualifi-
cation that her clock was fast, that it
was Is minutes to IL o'clock when
Moody and Franey returned, but she
subsequently returned and corrected her
testimony and said her clock was a
quarter of an hour fast. The prosecu-
ton also has another witness who will
testify that he saw the two men run
ming from the scene of the murder, and
that he had a good look at one of them
and positively identified him as Franey.
The trial is becoming interesting.
When the trial was resumed yesterday
morning w. b. Welsh was again called
to the stand. He said he was going
home few minutes before the murder
and passed a policeman at Washington
street and two men near his gate, close
to Crystal street. the point where the
murder was committed. He described
the two men and the description agreed
with that given of the two highwaymen
by Henry Kroeger who was held up
With his brother.
Did you have an opportunity to see
/ thAGa 1afn afnfg aft Ea
der?" MIR. Baldwin asked.
Yes, | saw them in the justice
court
State IL in size and build and gen
eral appearance, and to what extent
] they may or may not resemble the mer
you saw standing at you gate?"
They are of the same size and gen
l eral appearance.
Were you able to see the faces of the
two men standing near your house p
No; they We're looking in the Other
direction
You did net see whether they had
] on any DISCUSSES 2"
No, / could not
! The witness said he had just entered
] his house and closed the door when tn,
first shot was fired. followed almost i'm
mediately by another. He stepped out
side again and saw three men running
west on the sidewalk and another wa.
lying out in the street. He thought tina
i TWO OF the men ne saw running away
4 were the two he had seen standing neal
his house, as those two had disappear
ed when he came out Of his house. Mr.
Welsh said one of the two men wore
long coat, either a macintosh or over
coat.
w. III. Nichols. a mining broker liv
\ ing at 500 West Park street, was tn,
next witness. and testified that h,
heard the shooting and immediatel,
ran out on his front porch and saw
a Henry kroeger run past followed b.
B two men. The witness inquired wha
was the matter but received no reply
4 kroeger was crying murder AM
L help and one of the men behind hin
told him to shut up or he would get tn
! same dose. The command was givei
in a loud, coarse voice. The man run
I ming on the inside of the sidewalk ap
9 peared like man well along ia years
y as he seemed 10 be a little stopped
j Nichols could not say which one of tn
4 / Z tn chsI