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

convicted and sentenced to Jail or pris-
on for a felony
NO, sir"
4. 10. Colorado M0"''n" or Idaho
is your memory good and elea.. on
that point
Yes. it is
Were you not, during the greater
part of your time. FOR several years be
fore your arrest for this crime in the
iails Of Deer Lodge and Silver Bow
counties and other counties OF the
state?"
An objection to the question was sus-
tanned Mr. Baldwin said he wanted
the evidence only 10 impeach the We
racity OF the witness.
THE trouble with you gentlemen
said the court, is that you make these
Kind Of bargains and the facts do not
get in the record. and when the case
goes up / get the blame for it,.
state if not at the time YOU claim i
10 have been working in the timber
north of Anaconda you were not serN-
ing time in the Deer Lodge Jail, and
that you were in there for some time
before and after that"
Another objection was sustained.
How did you get your arm injured
"A policeman broke it at the wrist.
Did this occur in TOW between you
and the officer?"
Yes. sir; We were both drunk"
You were not so drunk but what you
knew you were drunk
u knew the officer was drunk be-
cause he was drinking off my money all
day"
what was the officers Nance"
II don't know. He asked me to have
a drink and had 10 pay for it,
Where did this trouble occur
AT the corner of Granite and Main
streets.
How often did you wear creaner's
macintosh? p
Il never wore il in my lie. never
wear macintosh.
Never wore one in all your life?'
Il didn't say that
Did you ever see Creamer wear one?"
Il never saw him with one.
This closed the cross examination.
Franey left the witness stand and the
defense announced the close Of its case
without calling six or seven other wit
nesses who had been subpoenaed.
Louis Lienemann was the first Wit
ness called in rebuttal and was asked
as TO the time he first heard of kroe-
gers murder An objection was made
on the ground that the question of time
had been thoroughly gone into on the
states testimony in chief. The court
seemed inclined Ia sustain the objection
and Mr.. Baldwin desired 70 state where
in the matter was material.
u don't like to enter into discussion
with the court" he said. but | would
like To be heard in argument as to the
materially Of this question. The time
only became material when the defense
put In its ahbi.'
That's enough" said the court. SIX
down, Mr.. Baldwin, | don't want any
stump speech here
The court, however. finally allowed the
witness 10 answer and Mr.. Lienemann
said he was in the California Brewery
when a Mr.. Genzberger came in with the
information that kroeger had been
Killed.
Il looked at the clock" said the Wit
ness and ] said, Why he was in here
not more than minutes ago. 1t was
then 90 or % minutes after 10 o'clock
Jacob Osenbrug. the next witness
called. was asked a similar question as
to the time when he first heard of the
murder and the court sustained an OBJ
lection To it, Mr. Baldwin asked the
same question in a slightly different
form and the court permitted it TO be
answered. and Osenbrug said he was IN
a saloon at the corner of Park and Main
streets when some one came in and told
about the murder. 1t was then 1890
o'clock.
w. II. Nichols. another witness who
had testified in chief. was recalled. He
lived near the scene Of the murder,
heard the shots fired and saw the muir
derers run by his house. The witness
ran out ON his porch and when he went
back to his room he looked at his watch
and it was 1929 o'clock That was
probably two minutes after the shots
we've fired.
Judge 7. ID. Fitzgerald of Anaconda,
police magistrate Of that city. was called
as witness and was asked il he knew
the defendant. Thomas Franey.
II think | do
When did YOU know him in Ana
conda
THE last time | saw him was in No
Nember SO. or In May of 81 but [
wouldn't he sure that | saw him in
May. ! am positive he was before me In
my court in November 80.
Where was he and what was he do
ing about the time you knew him."
Mr.. McClernan objected To the ques-
ton on the ground that the proper
foundation had not been laid for inn
parchment. in that the particular mat
ter had not been called TO the attention
of Franey when he was on the witness
stand. The states attorneys said they
did not want To impeaCh him, but only
wanted 10 contradict his statements as
u what he was doing i'm Anaconda.
+ The court sustained Mr.. McClernan' $
objection. and said the contradiction
sought to bp made was immatprial and
#
competent would be t. show that the
defendant had been convicted of a fell
ony. which could not be done by a
police court record.
Judge Fitzgerald had with him the
docket of his court. and Mr.. Baldwin
asked him Ia refer 10 il. for the pui-
pose of refreshing his memory. and
state whore Thomas Franey WAS and
j Al What he was occupied during his
Z stay IN Anaconda.
The court sustained an objection ia
the question and said the matter Was
/ too remote and that the state must
| confine itself IN the matter ut issue and
! the allegations of the information
/ Mr. Baldwin asked question of the
! witness relative To Franey's reputation
/ for TRUTH. honesty and integrity. and
/ the court overruled an objection To il
i but suggested that Anaconda was too
| large to be classed as community
and that the witness could only testify
! as To the defendants reputation in the