The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-05

Judge Clancy brought the murder
trial of Thomas Franey to a somewhat
sudden close yesterday by shutting off
the states rebuttal testimony. The
judge lost patience with the states
dllatory manner of presenting its testi-
mony and shortly after court had been
convened yesterday morning he de-
clared that no more witnesses should
be put on the stand, and the arguments
| were begun. 1t was perhaps a good
thing for the defense that the testimony
was stopped for the state had several
| witnesses who could have contradicted
F'raney on several important state
ments made by him. 1t is possible thai
verdict may be reached to-day
Dr. Brooke, who dressed Franey's in
/ Jured wrist about the 18th of last April
| some five weeks before the murder was
| again on the witness stand and testified
| about the nature of the injury, and gave
| his opinion that it would not have pre-
| vented the defendant from using his
| hand and fingers to some extent. The
| doctor only treated France once, as far
as he could remember, and the case
passed from his attention after that and
he could not tell in what condition his
hand was in after that. on cross-exam-
ination, Mr.. McClernan asked the wit
ness hypothetical question, indicating
that on the day following the murder
FTaneys hand was stiff and swollen
and for several days prior to that time
he had been unable to use it at all, and
asking If under such conditions the
hand would have been in shape on the
25th to hold any object of weight The
doctor replied that it depended on the
extent of the soreness and stiffness eX-
listing. If the conditions at that time
were as indicated by the question, said
the doctor the injury did not have
proper treatment after the case left his
attention.
AT the conclusion of DR.. Brooke's tes-
timony Mr.. Baldwin asked permission
of the court to recall the defendant
Thomas Franey, for the purpose of ask
ing him an fmpeaching question. Mr.
McClernan objected and said he had
never heard of such a thing as making
the defendant go on the stand for the
purpose of making out or bolstering up a
case for the state or in anywise assist
ing 1t. He did not believe the court had
any authority to grant Mr.. Baldwin's
request. The court. however decided
that as the defendant had already vol
UNFAIRLY gone on the witness stand he
could be recalled.
Il believe you said when you were
on the stand before that you had met
John Recore in the county jailo" asked
Mr.. Baldwin.
Yes, SIR
And had an opportunity to talk and
associate together?''
Had an opportunity
While you We're in the corridor of the
Jail together about the 18th of October
1881, did you state or tell to one John Re-
core that you and Frank Moody your CO.
defendant in this case, were down at
railway station at or near Beaver can
yon, on or about the 18th day of Janu-
airy, 1896, and that you and Moody got
INTO gambling game at saloon and
that you and Moody together at such
gambling game at that place got into
row with some persons engaged in the
game and that you beat one of such
men over the head with a revolver that
II you and Moody hadn't got away the
crowd i'll the saloon would have mobbed
you and Moody; that you and Moody |
got about all the money there was from |
the parties you were playing cards with
while engaged in the gambling game, |
and that you and he made your escape |
and concealed yourselves in an out !
house in the vicinity and that the crowd |
searched for you and Moody, but did |
not find you. or either of you, and that |
after such search YOU and he made |
your escape from such vicinity: and that |
at the time of this row the snow was /
deep and the trains blockaded and were |
not running and you and Moody had
hard time getting off there and making
your esCape?''
When Mr.. Baldwin had concluded his
long question Mr.. McClernan made an
objection to it on the grounds that it
was too indefinite and that the matter
was too remote and immatcrial. that
the conversation, if il ever took place,
was immaterial and the defendant could
not be impeached on an immaterial mat
ter.
The court sustained Mr.. McCIarnan's
and thereby reversed a ruling |
made on the same matter the previous
day Mr.. Baldwin tried to argue the
of the question. lie said the
testimony was TO contradict Franey and
show cooperation between himself |
ana Moody. The court. however, would
not admit the testimony AMI Fran"y
left the witness stand again.
DIS MacNeVin end AleNanie- Of st, |
James hospital CORDS We're brought n
a. witnesses IN rebuftal evidently for I
HE pun pose # .onftadicti1- FranCy I
y no said they mad treated his injured
arm at the hos val SUBJ Iurnt to tie /
treatment given MIN IN Or Brooke and :
hat they pronounced rs injury Il Gem
pound fracture. Mr.. baldwin asked per
mission TO endorse the nauas on the in
formation and Thresher. one of the de-
endants counsel, objected TO the en-
iOrsement and advanced the novel prop
tsition that the defense was taken by
surprise and did not have an opportun-
~ To consult with the states rebuttal
witnesses
Judge Clancy sustained the objection
ma declared that the matter had gone
ar enough and would be stopped right