The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-01

was between 1925 and 10:3 so o'clock that
Lewis and the two men ran past his
house. His best estimate was that it
was 1926.
Henry kroeger was recalled and
asked as to what vaiuables he and his
brother had at the time they were held
up. He said both he and his brother
had on a gold watch and chain. and
that he had $50 or $50 in his pockets and
his brother about So.
Mr.. Baldwin again started in to prove
the death Of Paul f. w Kroeger and
Mr.. McClernan interrupted him.
For the purpose of saving time" said
he I'VE viii now admit that Mr. Kroe-
ger was killed while an attempt was
being made to rob him and that he is
now dead"
Well said Mr. Baldwin. with that
admission in the record we have no fur
Their questions to ask
Mr.. McClernan asked the witness if
he did not, in the Lynch block, on the
9th OF last June, in the presence of Neil
Mcleod and Charles Sweet say that the
night of the hoid-up was so dark and
ne was SO nervous and excited that he
could not identify either one of the rob-
bers except that they had handkerchiefs
over their faces.
Il may have said something similar
to that" answered the witness
The court told him he must say that
ne ulQ or QlQ not.
In substance resumed the witness
again.
No substance about it, interrupted
the court. You did or you did not
The witness was finally compelled to
say that he did make such a statement,
and then started to explain.
Il had been asked by hundreds of
persons
"Confine yourself to your talk with
these men," again interrupted the court
IF / said anything about not being
able to identify these men | certainly
had reference to their faces. and meant
that if it had not been SO dark | might
have been able to idetfy them from the
small portions of their faces that We're
exposed"
AT the conclusion of Mr.. Kroeger's tes-
timony the state announced the close
of its case and court adjourned for the
noon recess.
The Defense Begins.
1t had been generally expected that
the defense would make a motion SINH
lar to the one made in the Moody case,
Tor an instruction to the jury that the
defendant be acquitted on the states
testimony but Franey's attorneys con-
GUIDED not to do ii. and when court re-
convened at 80 o'clock the defense was
prepared to go on with its case. W. j.
Naughton. one of the defendants at
torneys, made a brief statement to the
jury and said the defense would be an
aiibi. He said it would be proved by
competent testimony that on the night
Of May %. 1897. at the time of the MUIR
der, the defendant was at another place,
ana competent testimony would be in
troduced to account for his movements
from some time before the murder until
the next morning. Mr.. Naughton said
witnesses who saw the two men run
r1ng from the Df tho datx
testify that their descriptions did not fit
the defendant Franey and Moody and
that their descriptions did not CORE
spoEd with those given by the states
witnesses. The attorney said they
would also impeach the testimony of the
witness. Robert y. Lewis. by proving
that within half an hour after the muir
der he told Officer Pete Handln that
he could not identify the two murderers
and did not know whether they We're
white or black. The defense would also |
show said Mr. Naughton, that Henry |
kroeger had stated to several parties |
that he could not identify his assailants |
in any way.
The first witness called by the defense |
was F. W. Blackford. the city engineer.
who testified about distances He had |
made some measurements from a city |
map. From Crystal and Park. the scene |
OF the murder. west to Excelsior street
where the robbers and murderers were |
last seen, the distance is 23-100 of a mile
From the VIII house. at the corner of
Broadway and Arizona street the place
where Franey and Moody roomed and
where they were seen shortly after the
murder, to the corner of Park and Cry
stat streets, measuring west on Broad
way to Crystal and then south to Park
IS b3-l00 of mile. From the Califor-
MA brewery, where Franey and Moody
we're last seen before starting, as
= Ia ftlnl Hxp%
1old-up, to the corner Of Park and Cry
stall. is close to half a mile From the
Will house to Excelsior avenue and Park
street the distance is S3-100 of a mile.
How far would person have to
ravel in going from Crystal street west
o Excelsior avenue, north to Broad
way and east to the Will house," asked
Mr.. Naughton.
'One mile and tenth" was the an
;wer.
Mr.. Blackford also testified about the
electric lights on West Park street.
Trying 10 Prove an Alibi.
Mike Dreamer, the defenses chief alibi
witness, followed Mr. Blackford on the
tand. He said he was car inspector
y occupation. He had known Franey
ance April of last year. On the night
# the 18th of May he met Franey about
o'clock on Park street and they went
o the California Brewery, where they
for several hours and then
vent direct TO the Will house. where he
for a half or three-quarters
# an hour with Franey and Moody in
heir room. 1t was about 1050 o'clock
when he left. as indicated by a clock |
ioody borrowed from the landlady.
he clock indicated 1915 O'Clock when
lie brought it into the room and Dreamer
eft about five minutes later. F'raney
nd Moody went TO bed before he left
m. n fG st,f h. AI.,I "A |
Iouse. on East Park street. Creamer
aid the only time Moody or Franey
fere out of his sight was when one or
he other went out for some beer. The |
fitness said Franey had an injured
light hand and wrist. The wrist was
andaged and the fingers were swollen
Q nearly twice their natural size. While
he three We're at the California brewery
'raney went away and was soon fol-
1Wed by Moody. but they returned