The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-04


again on the night of the I'D Of May.
when he was driven out of town by the
police. He was still wearing the mack
inlosh.
Joseph DAILY, under sheriff Of Deer
Lodge county, was the next witness,
ana also testified that he knew Franey
lie knew him in Anaconda and also
knew him in the town of Deer Lodge,
and was well acquainted with his gem
eral reputation, which, he said, was
bad.
About what time did you last see
Franey prior TO the murder OF Mr..
kroeger|'
In Anaconda about the middle OF
May"
Where did you see him.
In the city jail at Anaconda"
The answer was stricken out on sug-
gestion Of Mr.. Baldwin. who only want
ed to know in what city or county he
had seen the defendant. In answer 10
further questions the witness said that
when he last saw Franey he carried
one of his arms in a sling. but he could
not tell whether he wore "A macintosh
or not
Charles Gallagher, Deer Lodge dep
uty sheriff. testified that he knew
Thomas Franey and knew that his rep
utation was bad. He last saw Franey
in Anaconda five or six days before
the hG0fSpG 11uIutI. Tie 1dIlt ~ aiit
city Jail and asked permission to stay
there all night. He wore an old mack
intosh, one sleeve of which was hang
ing loose. as he carried one Of his arms
in n sling. The macintosh was OF
dark color.
Frank W. Stebibns. an Anaconda po-
lice officer, testified that he knew Fra
ney and arrested him in that city His
reputation, said the witness, was bad.
He last saw Franey on the 2lst or I'D
day of Many, and at that time he car
ried his right hand bandaged and in
sling and wore an old macintosh. The
vacant sleeve of the macintosh was
Tapped across his breast. Mr. Stebbins
said he had several opportunities to
notice the macintosh particularly. 1t
had "A rent near one of the pockets and
the coat was frayed at the edges and
was generally well Worn. 1t was a long
garment and dark in color
What was the condition under which
YOU last saw Mr.. Franey?'
The court sustained an objection TO
the question and the witness was eX-
cused. the court suggesting that Mr..
Baldwin had enough testimony on the
macintosh question.
clyde G.. Coulter eX-city iailer of
Butte testified that he had known Fra
ney for some time prior TO his arrest
and was familiar with his reputation,
WHICH, nv 9ttiu, NttS bits iit eii'b hiNN
Frank Moody, whose reputation was
equally bad.
Detective David Meikeljohn. the next
witness called. said he knew the gen
eral reputation of Frank Moody to be
bad. He said he also knew the defend
ant Thomas Franey. prior to his ar
rest for the Kroeger murder and that
his reputation, too was bad. Mr..
Meikeliohn also testified that he knew
Albi Dreamer by sight and had seen
him prior To the Kroeger murder. Mr..
Baldwin indicated by questions that
the witness would testify that Dreamer
wore a macintosh about the time the
murder was committed. but the court
ruled the testimony out as incompetent.
Mr. Stapleton tried to show the mate
riality of it by calling the attention of
the court TO the fact that Creamcr
swore he left his macintosh at the
county jail and did not get it again
until some time after the Kroeger muir
der but the court did not consider the
testimony material. although Mr.. Bald
win contended that the testimony went
to show that the Dreamer macintosh
might have been one of those Worn by
the murderers of kroeger and that
Dreamer had testified that he could not
now produce it, Mr. Meikeliohn tes-
titled he had seen Franey the day be-
fore the murder and also a few days
prior 10 that time He saw him go
down Main street Of Butte and he had
on an old, black macintosh which
hung to his heels. He saw him with
Moody about or o'clock on the day
of the murder. but he did not then have
on his macintosh. Mr., Meikeljohn
was questioned about a conversation
he had with Robert ID. Lewis. the
states chief witness. Immediately after
the murder and about him admonishing
Lewis not TO talk about the case or his
identity of the men he saw running
away from the scene of the crime but
the court ruled the testimony out as
not being rebuttal.
John Recore who had spent some
time in the county jail for failing to
pay his wife alimony, was called as a
witness. one of Franey's attorneys
objected to Recore testifying for the al
legged reason that they We're not told
he would be Il witness and therefore did
not have an opportunity to investigate
his character, and they wanted time TO
do So The court said it was aware
that il was taking advantage of the
defense. but the objection was over
ruled and Recore testified that he WAS
81 years of age and was sent To the
county Jail on the 14th of last Septem-
ber and met FraneN there. They Mere
together in the same corridor about
one month and had frequent conversa-
tions together. The Witness was asked
rplHIlNR 10 Il COIN RISdllhfl III Nllltl
FraneY told him about some serious
trouble Moody and he had been in at
some railway station near Beaver Can
yon but the witness was unable to give
the date of the conversation and the
court made the suggestion that MIR.
Baldwin and the witness retire and
consult about the matter, which they
did
Mr.. Baldwin and the witness were
absent from the court room 10 or Il
minutes. during which time the judge
sent the bailiff after them three or four
times. Mr. Baldwin finally returned
and asked permission to put eX-CountS
Physician f.. \. Brooke on the witness
stand. which was granted. and the
doctor testified that some time in May
of last year he dressed Franey's wrist
in the county jail. He said a small
bone or styloid process had been frac-
tured. evidently by "A blow. The doe
tor regarded the injury as light as the
fracture was a simple on of the point
of the wrist knuckle. The wrist was