The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-06
BUTTE News.
FRANEY CASE GOES OVER
Baldwin Talked to the Jury the
Entire Day.
MADE AN ABLE ARGUMEN
But the Court and the Jury Got Very
Tired and Made No Attempt 10 Con-
ceal the Fact-Case Goes to
the Jury Monday.

The Franey murder case will not be
given to the jury until Monday morn
ing. because John T. Baldwin consumed
the entire day with the closing argu-
ment to the jury. The three other at
torneys in the case took up less than
half day with their arguments. Mr..
Baldwin started in at Is minutes past
o'clock yesterday morning and talked
until 10 o'clock He resumed at 80
o'clock and talked until $50 o'clock.
He made an able argument. but il was
evident early in the afternoon that the
jury was getting very tired. SO was
Judge Clancy, and neither made an at
tempt to disguise it. Everybody had
hoped the jury would get the case early
in the day. The jury had doubtless
hoped so and their chargin was evl-
dent when. at the close of Mr. Bald
wins talk, the judge said il Was then
too late TO read the instructions and
continued the matter until Monday
morning. The jurors, of course, were
ordered locked up and Will have 10 re-
main confined for two days longer than
they would have been had Mr.. Baldwin
talked less. What the effect will be
may be indicated by the verdict, II che
is reached.
John T. Baldwin, special prosecutor in
the case, made the closing argument
yesterday morning. He said the case
would doubtless become celebrated IN
the state. 1t is important also not only
to the defendant but 10 the jurors
themselves and To the community and
the safety of the people Thomas
Franey is not alone on trial, but there
is on trial "A question whether the pe1-
pie Of the community can look to the
courts and jurors for protection to their
lives and property against bands of or
ganized criminals. The proof Is ample
30 la.azK hot f.I l. lNt4IsA
which resulted in murder was planned
and mapped out i'm advance, and the
scene located. There was premeditated
arrangement and conspiracy and 1t is
evident, from the fact of Moody's pres
ence at the scene of the murder at 500
o'clock in the evening, that every ar
rangement for the robbery had been
made. DISCUSSES had been prepared III
advance. and if they We're not brought
to the scene of the murder by the de-
PENDANTS themselves, they We're brought
there by, their accomplice or accom-
plices
Before ! conclude my summing up
of the evidence said Mr.. Baldwin. Il
will show you beyond doubt that this de
PENDANT Franey was not only one of the
participants but that his co-defendant,
Frank Moody, was an active agent in
the attempted robbery and the murder
most foul"
MIR Baldwin read the information
against ffantN anu tADounutu SOME
law applicable TO the case. lie said the
commission of murder in an attempt
TO commit robbery was murder in
the first degree. \ man who attempts
robbery starts out with murder I'm his
heart AMI will not hesitate To take life
in an attempt TO carry out his purpose.
This crime for which the defendant is
on trial, can. under the evidence. be
nothing less than murder i'm the first
degree. Mr.. Baldwin devoted consider
able time TO that portion OF the testi-
mony showing that there was an at
tempted robbery and that Paul +. w
kroeger is dead. lie said the testimony
on these questions was uncontradicted
the only other essential question to be
considered is the identity of the defend
ant and the presence of himself and CO.
defendant at the scene of the crime, and
whether the defendant was aiding and
abetting in the commission of the muir
der. When Mr.. Baldwin finally came
to a review Of the testimony he related
the facts of Paul f. w kroeger and his
brother, Henry. going home on the night
of May %, 1897. and upon reaching the
intersection of Crystal and Park streets,
where they We're confronted by two
masked highwaymen, who covered the
two brothers with guns and commanded
them TO throw up their hands, and upon
Paul Kroeger failing 10 comply with
the order he was shot down and killed
by one of the robbers, whereupon Henry
kroegef ran away and when he was a
few feet distant he heard another shot
fired and the nature of the wound ind-
Gated that il was fired while Kroeger
was lying on the ground and in "A dying
condition. The two murderers then ran
IN pursuit of Henry Kroeger and COM
manded him to hush or they would give
him a similar dose, and il was doubtless
their intention to slay or disable him
also. but the arrival of people on the
scene frustrated their design and they
recognized that they would have To
make their escape and they continued
running west ON Park street and were
net by Robert d. Lewis. who ran some
distance with them and with view OF
diyerting suspicion they told him that
the man running ahead of them had
KILLED a policeman. and then imme-
oiately asked the young man il he had
a gun. and upon his reply in the mega
tive they said the man ahead had and
knew how to use IL. The evidence of
their GOODNESS and ability to think and
plan under such exciting conditions
shows that they Were hardened crim-
mails and used to the commission Of such
crime.
Right here il might be well to stop
and ask yourselves" said Mr. Baldwin
10 the jury who was that man who
ran with young Lewis and talked TO him
as they RAM Was il not that man sit
ting there2" pointing To Franey Young
Lewis said IL was. II was an old and
hardened hiehwayman who had ell
gagged in such brutal crime before"
Mr.. Baldwin spoke of what he CON
sidered the proyidentai saving of the
life Of young Lewis. who was detained
by Mr.. CAVITY as, with the two murder
ers, he was running by Mr.. CantY's
house. II he had not stopped. and had
continued 10 run with the murderers
across the vacant lots ana down the
dark alley, the would doubtless have
killed him also. for they could not
run the risk of having him follow them
70 their lair in the Will house" The
providential incident saved the life of
young Lewis and saved 10 the state
the innocent, truthful and manly
youth as a witness 10 testify to this
heinous crime" The attorney spoke
If the positive Identification Of Franey
by young Lewis and the identification