The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-29

| Inc promised sensation developed III
| the Franey murder trial yesterday
morning when d. N. Dickinson, the
Veno medicine man, who is in jail await
| ing decision of the supreme court in
| his case, was put on the witness stand
! by the state and testified that Franey
| had admitted to him that he had shot
Kroeger on the night of May %, 1897,
when he and Frank Moody held up
| Paul and Henry Kroeger at the inter-
section of Park and Crystal streets The
! fact that Dickinson possessed such
knowledge first reached County Attor-
ney StapIeton on Thursday, when it was
! reported to him that Steve Simpson an
| other recent inmate of the county Jail,
| had let slip some words which indi-
| Gated that he overheard part of the
! conversation between Franey and Dick
enson, in which the former admitted
his participation in the murder OF
Kroeger. The county attorney imme-
diately summoned Dickinson from jail
and questioned him about it. He was
taken by surprise and was very reluct-
ant to talk about the matter. but prac-
tically admitted the truth of the report.
He, however. refused to agree to go on
the witness stand until he had received
advice from his attorney, f. w. Toole
of Helena. Mr.. Toole was commune
Gated with by telephone and he came to
Butte and yesterday morning had a
consultation with Dickinson, after
which the latter announced his readi-
ness to go on the' witness stand, and he
was Immediately put on after he had
agreed TO testify. Throughout all his
testimony, which was of a startling and
sensational character, Dickinson APP
peared reluctant TO tell all he knew, and
everything he said had to be drawn
from him by repeated questions. His
demeanor while on the witness stand
and his manner of testifying gave all the
appearance of truth to his story. During
its recital the defendant, Franey, gave
unmistakable indications of uneasiness
and nervousness. He recognized the
damaging nature of Dickensons testi-
mony.
The state has two other witnesses to
substantiate the testimony of Dicken-
son, but it has not yet been fully deter
mined to put them on the stand The
prosecuting attorneys are inclined to
think Dickenson's testimony is strong
enough not to require substantiatiou
from such witnesses as they have. To
say the least the case looks at the pres
ent stage very dark for Franey. There
are witnesses yet to testify who posi-
lively identified Franey as one of the
two men seen running away from the
scene of the murder directly after the
fatal shots were fired.
The First witness.
The first witness called yesterday
morning when the trial was resumed
was Louis Lienemann one of the pro-
prietors of the California brewery. He
testified that he knew Paul f. w. Kroe-
ger, commonly known as William Kroe-
ger, the murdered man, and last saw
him in the brewery on the night OF
the 25th of last May, about 10 minutes
before the murder. He stood at the
bar and exhibited some money. and
after paying for few drinks, he start
ed for home. That was about the same
time that. the testimony showed,
Franey, Moody and Dreamer were in
the saloon.
AT the conclusion of Mr.. Lienemann's
testimony Mr.. Baldwin asked the court
for recess of 20 minutes. He said
Judge E. w. Toole had just arrived
from Helena and he desired to inter-
view him on an important matter.
"Oh. ! can't do that i can't do that"
said Judge Clancy. You can do that
at the noon nOuf.
mo. your honor; this matter is of
great importance to this case and cir
cumstances over which i have no con-
troll makes it necessary that l attend to
this matter at once
"All right then, if it relates to this
case We'll take a recess for 20 min
utes.'
During the adjournment D. n. Dick
enson, the "Veno" doctor to whom the
alleged confession was made by Fra
ney. was brought from the Jail and
taken to the county attorneys office,
where he was closeted with the attor-
ney, Judge Toole and the states at
torneys, Mr.. Stapleton. Mr.. Baldwin
and Mr.. Connolly. Franey's attorneys,
McClernan. Naughton and Thresher.
had received an intimation of what was
In the wind, by the publication in the
Standard of the reported confession.
and during the greater part of the re-
cess they Were in earnest consultation
with the defendant. Then AIR. Naugh-
ton went into the Jail and had a talk
with Frank Moody. and when he came
out he Joined again in the conference
with F'raney. For the first time during
the trial Franeys face wore a serious
look. but at the conclusion of the talk
with his lawyers the cold smile re-
turned.
These are some of the things man
runs up against during a lifetime" said
Attorney McClernan. and then added
banteringly, We may be compelled to
go on and prove how innocent Fra
ney is.''
Mr.. Baldwin's 20 minutes heightened
into an hour, and when court recon
vened County Attorney StapIeton
moved for leave to indorse on the in