The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-19
PANEL WAS EXHAUSTED
Eleven Jurors Selected in the
Case Against Franey.
AN OBJECTION WAS MADE
Mr.. McClernan Takes Exception to the
Jury on the Ground That 1t Was
Drawn for Last Year-The
Court Overruled 1t.

/ The murder case of Thomas Franey
| who. with Frank Moody. had been
| jointly informed against for the assas-
! sination of Paul +. w. Kroeger, was
called up for trial before Judge Clancy
| of the district court yesterday morning,
and the day was taken up in an effort
| 10 select a jury, but long before il was
completed the panel of jurors was eX-
| fausted and a new one of $50 names
was issued and made returnable on Fri
day morning. The names of w. j.
Naughton and h. S. Thresher were en-
tered as associate counsel with John Il.
| McClernan for Franey, the prosecution,
as in the Moody case, being conducted
by County Attorney Stapleton and
John I. Baldwin. Before the eXamlna-
ton of jurors began, Mr. McClernan
made an objection TO the jury panel, the
objection being written out and placed
in the record as follows:
THE defendant in this action chal-
lengeS and objects to all trial jurors
returned and in attendance at this
court, which challenge and objection is
founded upon the following material
departure from law in respect to the
drawing and return of n jury in civil
actions to-wit: Said Jurors returned
were not directed by the court to be nor
We're they selected or drawn from bal
lots deposited in jury box No. /, as
made up and provided by the clerk of
the court for the year 1898 and now
kept in his office. which jury box con-
tains the list of names selected by the
chairman of the board of county com
missioners. the county treasurer and the
county assessor of this county on the
second Monday of January, 1898, or
thereafter, to serve as trial jurors for
one year and until other persons were
selected and returned, but the said
hxvt tln Il tod l,.,
and We're selected and drawn from bal
lots deposited in jury box No. l as made
UP and provided by the clerk of this
court for the year 1897 from the list of
names selected by the chairman of the
board of county commissioners, the
county treasurer and assessor of the
county on the second Monday of Janu-
AIRY, 1897, or thereafter, to serve as trial
jurors for one year and until other per-
sons were selected and returned. that
said jurors objected to We're selected on
the second Monday of January, 1891
and have served one year and until 9TH
ers have been selected and returned"
There was no argument on the objec-
ton, and the court overruled it. Forty
seven jurors We're examined and 80 of
them were found incompetent to serve
for various reasons, mostly because
they were opposed to capital punish
ment, had opinions or would not hang
a man on circumstantial evidence.
Three men were let on peremptory chal-
lenges.
When court adjourned the following
II were in the box S. j. Perry, Sher-
man w. Vance, e. S. Baxter. w. II.
Arnold. T. j. Trull, William Forrest. A.
o. Goodland, Isaac Nadeau, James Da-
wilson and Toeman Barnhart. When
Judge Clancy excused the jurors in the
box he told them noe to read the news
papers. and took occasion to speak
G-1i y, ,srlN al
they would be just as well off if they
never read the papers. He said that
sometimes matters We're correctly re-
ported, but that some reporters were
dyspcptic and wrote as they felt. init
mating that their reports were incor-
rect. lie made no reference to the num-
Der of times some courts makes mis-
takes.