The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-09
The Jury Returned a Verdict of
Not Guilty"
HE is GREETED AS A HERO
Jail Full of Criminals Give Three Cheers
When They Hear OF His Discharge.
Would Have Got 40 Years but
for the Courts Instructions.

IL we cuuiu nave III q YER
dict of murder in the second degree
we would have convicted him within
one hour after the case was submitted
to US, and would have given him 20 or
40 years in the penitentiary," said
Alex Anderson, one of the jurors, for
there were some men on the jury who
had just sufficient doubt of the mans
guilt to hesitate about hanging him;
so what else could we do Under the
instructions of the court2''
Judge Clancy had instructed the jury
that they would have to find verdict
of murder in the first degree or acquit
the defendant
1t was 3 o'clock yesterday afternoon,
after having been out q hours, that
the jury announced that Il verdict had
been reached. A quarter of an hour
later the judge and the defendants at
torneys and Mr.. Baldwin for the state
had been summoned, and Franey was
brought into the court room. He
looked more serious than at any time
during his arrest. and as the jury
marched in he fixed his cold, gray eyes
on their faces as if to read there his
fate. He sat by himself, mis- attorneys
occupying chairs some distance away.
The jurors We're polled and then Judge
Clancy asked:
Gentlemen, have you arrived at a
verdict?'
Yes. SIR answered Foreman Beck
with as he handed the papers to the
court. The judge glanced at the YER
dict and passed it to Clerk Normoyle.
who placed the file mark on it and
then read:
state of Montana. plaintiff, VS..
Thomas Franey, defendant-We, the
jury in the above entitled cause, find
the defendant, Thomas Franey, not
guilty"
Franey had been watching the clerk
intently and without winking an eye.
His face did not change a muscle and
his cold eyes did not move when Mr..
Normoyle read the words mot guilty"
He didn't give the least sign that he
was pleased or had "A right to expect
such a verdict
do you wish this jury polled 2"
asked the judge, addressing Mr.. Bald
win.
Yes. sir
Each juror rose to his feet as his
name was called, and in answer to the
courts question, is this your verdict"
each answered Yes"
Attorney McClernan, who with Mr.
Naughton and Mr. Thresher conducted
the defense, then arose and asked the
court to make an order dischargng
the defendant
Il guess I'd better discharge the jury
first" said the court and he then
complimented them for their faithful
work. Then turning to Franey the
judge said:
Mr. Franey, you We're put on trial
on this charge. You were without
money and the court appointed coun-
sci for YOU You have had trial and
you have been indicated, and you are
now discharged finally and can go
hence"
Franey. without changing counte-
nance for an instant, without saying
the usual thank you" to the court
jurors, his lawyers or anybody, he
picked up his hat. turned his back
upon his faithful attorneys and walked
out of the court room. Mr.. MeCler-
nan walked after him and overlook
him at the door, and placed his hand
upon Franey's shoulder. The latter
looked around Mr.. McClernan held
out his hand, and Franey took it and
received his attorneys congratulations.
Outside the court room Franey was
surrounded by a number of friends
and a few other individuals who intro
duced themselves to the hero and
for the first time his cold and almost
immovabie face relaxed into smile.
A few minutes later he went back into
the jailer's office and got a few effects,
gave his companions in jail goodbye.
and left the court house. When the
prisoners heard of the verdict they
gave cneerS Tor TfaneN
The jurors who tried and acquitted
TOLEMAN BARNHART.
S. J. PERRY.
SHERMAN w. VANCE.
L. S. BANTER.
W. II. ARNOLD.
HUGH MURPHY.
CHARLES HAMMER.
JAMES KILLAM.
T. d. PARRY.
GEORGE G. BECKWITH.
ALEX ANDERSON.
HENRY KIP.
The jurors talked freely after they
were discharged from the case, and all
said they felt that Franey was guilty.
but six of them were opposed to hang
ing him on the nature of the evidence,
but all would have concurred in a YER
diet of murder in the second degree il
the court had not instructed them that
they could not return such verdict.
There We're IA ballots taken in all. Six
of the jurors voted five times for murder
in the first degree: five voted six times;
four, 10 times; three, IL times, and TWO.
13 times. The six who thought the tes-
timony justified verdict of guilty with
the death penalty attached were Alex
Anderson, Charles Hammer. u. S. Bax-
ter, W. H. Arnold, Henry Kipp, Perry.
Baxter and kipp We're the last to sur
render The different ballots stood as
follows:
First. second. third. fourth and fifth
ballots-Guity: Hammer, Baxter, Per-
~. Arnold, kipp. Anderson. Not guilty.
Beckwith. Barnhart, Vance, Murphy.
killam, Parry.
Sixth and seventh ballots-Guilty:
Hammer, Baxter, Perry. Arnold. kipp.
Not guilty: Reckwith Barnhart.
Vance, Murphy, Killam, Parry, Ander-
son.
Eighth ballot-Same as first five.
Ninth-Same as sixth and seventh.
Tenth ballot-Guilty: Hammer. Bax-
ter. Perry. kipp. Not guilty: Beck
with. Barnhart. Vance, Murphy, Parry,
Anderson. Arnold
Eleventh-Guilty: Baxter Perry,
kipp. Not guilty: Beckwith. Barnhart
ance, Murphy, killam. Parry, Andar-
son. Arnold. Hammer.
Twelfth and thirteenth balIots-Guil-
~. Baxter. Kipp. Not guilty: Beck
with. Barnhart, Vance. Murphy. Killam
Parry Anderson. Arnold. Hammer