The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-04
Associate Counsel Baldwin Fined
by Judge Clancy.
CALLED HIM A BUFF00N
Several Witnesses in Rebuttal Testified
That Franey Wore Macintosh
When Ordered Out of Ana
conda the Day Before.

timonv given by a number of witnesses
from Anaconda, who contradicted Fra
ney on the question of his ownership OF
a macintosh about the time Of the
murder. The other sensational Incl
dent was a fine of $40 imposed on John
r. Baldwin. associate counsel for the
state. by Judge Clancy FOR Winkmg.
Up TO yesterday, when the state" began
it's introduction of rebuttal testimony,
the weakest point in its evidence
against Franey was the absence of any
proof that he or Moody ever Wore or
possessed a macintosh overcoat. The
testimony had all been positive that
the man identified as Franey wore a
macintosh as he was running away
from the scene of the murder Both
Franey and Moody swore positively
that they had not worn mackntoshes
in years. AT one time Franey swore
that he never wore one. but this he
later modified by saying he had not
worn one in years. His particular
friend and alibi witness. Mike Dreamer,
also testified that during his acquaint
ance with Franey. the latter never had
q macintosh. Three or four witnesses
from Anaconda yesterday testified III
most positive terms that Franey WAS
in Anaconda two or three days before
the murder and that he was driven out
of the city and that he then wore just
such a macintosh as described by 9TH
ers of the states witnesses. Another
witness testified that the day before
the murder Franey was in Butte ana
wore the same garment.
The prosecution has, for several days,
been looking for ex-Police officer Smell,
who, ii seems, left town few days
ago. Before leaving he made the state
nent that he had drink with Franey
about three hours before the murder
and that he at that time wore mack
intosh When Franey was on the Wit
ness stand he also declared. with "A
great show of earnestness. that he had
never been in jail and had never done
anything to be ashamed of. The state
attempted to contradict him with the
testimony of some Anaconda witnesses
that he had been convicted and served
a term in the Deer Lodge Jail. but the
court ruled it out as immaterial.
The affair that led up To MI Baldwin
being fined was amusing. If not ridicu
lous. The seat MIR Baldwin occupies is
in front and below the judges bench.
with his back turned to the court. He
occupied that seat when the Judge saw
him, as he claimed. wink at the news
paper reporters, and he called the at
torney buffoon. and when Mr.. Bald
win resented il he imposed "A fine on
him What the wink signifled was not
made apparent. but the judge evidently
construed il into contempt of court.
The trial will be concluded to-day
and the case may go to the jury this
evening.
When the trial was resumed yester-
day morning Mr.. Baldwin took up the
further ross-examination of Franey
and asked him pointedly If he hadn't
with the assistance of Frank Moody
attempted to hold up and rob Paul f.
w. kroeger and his brother Henry on
the night of May %. 1897, and shot and
killed the former.
No. sir" replied the witness in his
usual careless and tough, drawing
voice.
Did you not. after shooting MIR.
kroeger run west on Park street,
No. sir.
Were you not joined by a young
man as you We're running
No. sir
Did you not run by Mr.. Gantys
house that night"
No. sir
who was IL. il you know. who
caught and tore his macintosh ON "A
water hydrant that night while run
ming near Alabama street,
II don't know
Did you see Mr.. Henry Kroeger that
night"
mo. sir: l didn't know the gentleman
till | saw him at the city Jail
You didn't know him by sight did
ynu2"
I didn't know him at all"
You are positive YOU had nothing te
do with the murder or know anything
about it,
No"
You were entirely unconscious about
it until the next day
Yes
Did you make any effort To remem-
ber?''
Had nothing to remember"
Did you make any effort to forget?
Had nothing 10 forget
Franey was asked about a letter he
had written to Henry fSroeger request
ing an interview. He was asked as *
the contents of the letter, and he sale
he asked him not To take any stock IN
what others said but investigate foi
himself.
Il told him he would find that | wa,
all right. and / think l said he was do.
ing me a great wrong"
Franey said he did not know Mr.
kroeger when he met him at the city
Jail.
You didn't want TO know him, die
you?"
Il had no reason for not wanting tc
know him.
IF you did know him you wouldnt
admit it. would you?'
Why not?"
Did you hear Mrs Althoff testif,
that when you borrowed the clock yot
wore hat and appeared greatly ex
eited?"
Il don't remember that she said any
thing about being excited"
Were you very intimate with u. y
Dickinson in the county jail?'
mo, j was not.
How long were you together in tn,
same corridor"
About three days"
How long did you occupy the sam,
cell?"
Not over three nights
Ever have any conversations Will
him."
Il never talked TO him at all. excep
one night when he told me about SOM
of his troubles.
do you say that you did MOI max
any utterances to him stbout sthi
crime and your connection 7vib itg'
No"
What did YOU say to Dickenso1
bout Moody being game and that h.
sxfr- ~sgag IA -lt