The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-08
MORE OF FRANK MOODY
His Preliminary Hearing on a
Charge of Felony Postponed.
A TILT BETWEEN LAWYERS
The Defendants Attorney Accuses the
States Representative of Insin-
certify and Mr.. Connolly
Warmly Replies.

An echo of the sensational culmina-
ton of the Moody murder trial was
heard yesterday in Justice Burns court
when a rather pointed reference was
made to Judge Clancy's much-criticised
instructions To the jury on the 18th of
last December, which operated to ac-
quit Frank Moody Of the charge Of
numbering Paul +. W. Kroeger. II was
in the case in which young Moody was
again before committing magistrate
charged with a felony for alleged impl-
cation in the robbery of the occupants
of the Great Northern boardng-car at
MeaderVille on Feb 22 1897. The de
PENDANT was before Justice Burns for
preliminary hearing, and Chief Deputy
County Attorney c. +. Connolly, who
appeared for the state. asked for a con-
tinuance for one week and filed an atIi-
davit setting forth that the state had
been unable thus far to procure the
attendance of the most material wit
nesses
Attorney w j. Naughton. who repre-
scented Moody, resisted the motion. and
in his remarks charged MIR. Connolly
with insincerity in making it, He said
he had seen some exhibitions of gall
but he thought MIR Connolly's action
at this time was the very ecstasy of
gall, and surpassed any exhibition of
the kind that had ever come within the
range of his observation. He men
toned the fact that Moody had been
arrested among others, soon AFTER the
commission of the robbery. and had
been discharged after being detained as
q witness. Then he hau oeen arrested
for another crime, and jury had ac-
quilted him. Again he had peen ar
rested. on a charge from which he had
once been released by motion of Mr.
- OH Il
liberty since his first arrest, With the
exception of three CT four days. He
thought if the state had Il case against
Moody at the time he Was discharged
upon Mr. Connolly's motion he would
not have been released. He thought
If the state had case then ii had one
now; if it had not IA ease then IL Ger
tainly had not now. implying that the
present proceedings We're not in good
faith.
Mr.. Connolly arose somewhat nettled
to reply To Moody's attorney. lie be-
gan by saying he thought ii a rather
poor time for MondN'S counsel to come
in and characterize the proceedings
against the defendant as gally. i'm the
face of certain former proceedings
against him. with which everyone was
familiar. and at the shady character of
which defendants counsel had wnked
and connived. Mi. Connolly explained
that he had moved for the dismissal of
Moody in the former boarding ear rob
berry proceedings hoping to use him TO
better advantage. but that was no bar
TO the present proceedings, which he
declared to be i'm absolute good faith.
1t is the duty of the states attorneys
to see that justice is melted out to this
defendant" said Mr.. Connolly. and
l want il to be understood at this tim.
| that the unlawful proceedings of no
one man. however high In authority,
are going 10 thwart justice in the de-
PENDANTS case if can help it,
Mr.. Connolly stated that he had rea-
son TO believe there was no doubt the
important witnesses in the case would
be procured in the time asked for and
Judge Burns granted the continuance
until next Friday AT O'Clock.