The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-27

TGIETTEu t5iC VI tlit Sdid GpuAt
is secretly and purposely preventing
obedience to the said order. That at
faint as the county attorney of Silver
Bow county, is DESTROYS of perfecting
the appeal in said action. not only for
the purpose of seeking TO secure justice
on behalf of the state in the present
case, but for the better administration
Of justice in Silver Bow county here
after.
For a specification of some of the
rulings of the court in the said case of
the state of Montana against Frank
Moody, affiant charges, alleges and
AYERS that Frank Moody, the defendant
herein. was jointly charged by informa-
ton with the crime of murder with one
Thomas Franey; that the evidence
against the said Franey was much
stronger than that against Moody, and
that the county attorney elected TO try
Franey first, and so announced in open
court; but that the judge of the said
court in pursuance of what affiant be-
lieves to have been his bias and preju-
dice announced that the county attor-
ney, or his chief deputy, had already
elected to try Moody first, which state
ment was contrary to the fact, and the
said judge of said court, after the clerk
had prepared and read the minutes of
the court relating to the alleged prior
election, then and there. and in his own
handwriting, amended and falsified the
said minutes so as to conform to his own
statement, and SO made said amend
ment and Justification without consul
tation with the clerk of the said court
and without announcing the correction
or amendment to the counsel at the bar,
that they might have opportunity to
offer amendments or except to the same.
That at different times during the
course of the trial of the case of the
state against Frank Moody counsel for
the state endeavored TO obtain the pres
ence of the co-defendant OF Moody.
above referred to, for the purpose of
having him identified by the witnesses
on the part of the state. but that the
said court absolutely and peremptorily
refused to allow the co-defendant of
Moody to be brought into court.
THAT one of the witnesses upon the
part of the state, who positively iden-
titled Franey. the co-defendant OF
Moody, testified while on the witness
stand as to a certain attempt made by
one of the witnesses subpoenaed on the
part of the defense to intimidate him,
the said states witness and to pre-
vent his testifying. The name of this
states witness was Lewis. He testi-
fed to a direct and fragrant attempt in
the corridor of the court house on the
part of the said witness for the de-
Tense, by means of threats and inSin-
uations and menaces of bodily harm,
to prevent the said witness, Lewis,
from testifying truthfully and to the
real facts on the stand. This witness
was present and within call. and these
threats had been made almost in the
very presence of the court. notwith-
standing which fact the said court re-
fused to have the said witness called
by the bailiff for the purpose of iden-
tification, and referred lightly and dis
paragingly and frivolousiy to the said
a c frif1tnos and nf account
or importance in the case, and of his
own motion although said testimony
had been introduced without objection
and so stood on record. and no ob1ec-
ton was then raised to it, the court
struck out all of said testimony and
admonshed the jury to disregard it.
THAT the evidence produced upon
the trial of said case showed that the
parties who committed this alleged Of
Tense. committed the same while at
tempting to perpetrate robbery, and
had the lower part of their faces Gov
cred with handkerchiefs. That during
the examination and in the course of
the trial one of the witnesses on behalf
of the state testified that on the morn
ing following the commission of the al
legged crime of murder and at or about
the time of the arrest of the defendant,
Frank Moody, he took from the pocket
of Frank Moody a certain handlSer-
chief. with creases and marks upon the
ends thereof indicating that such
handkerchief had been tied together at
the corners and ends with tight knots,
being curled and creased and rolled at
the corners thereof, and that the wit
ness had then handed said handker-
chief back to Moody. This testimony
was admitted without objection, and
some time after the admission of said
testimony counsel for the defense
moved that said testimony be stricken
from the record upon the sole ground
that the state had failed to produce
said handkerchief and the court there
upon sustained said motion and or
dered the said testimony stricken from
the record on the ground that the same
was trivial and unimportant and in
structed the jury orally to entirely dis
regard the same.
LAS other portions of the evidence on
the part of the state We're adduced in
the course of the trial. the court. OH
several occasions. undertook to COM
ment and did comment upon the weight
and effect of the same. in open court
and in the presence of the jury. coun-
sci for the state. upon said occasions,
objected to such comment Of the court
on the ground that the same tended
to prejudice the jury and influence
them against the state and in favor of
the defense. and requested that said
comments be taken and recorded in the
minutes of the stenographer, together
with the exceptions and objections of
counsel for the state: but that the
court positively and angrly and ye-
hemently declined to permit either his
remarks or the objections of counsel TO
be taken down. or to allow counsel eX-
ceptions in such cases and instances.
and wholly disregarded every dictate
of judicial fairness in these and other
actions.
THAT affiant believes. and has good
reason to believe. that he will secure
no remedy or redress in the enforce
ment of the order of the court hereto
fore made directing the respondent
herein to prepare the transcript of the
said testimony or the objections and
exceptions taken during the course Of
the said trial. by reason of the bias and
prejudice of the said Judge of Depart
ment No. . of said district court in favor
of said defendant. Frank Moody. but
that on the contrary the respondent
herein. under the influence. coxertly ex-