The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-03
FRANEy ON THE STAND
His Story Did Not Differ Particu-
larly From Moody's.
ESTABLISHING AN. ALlBl
He Accounted for His Time on the
Night ofthe Kroeger Murder-Specu-
lations Are Divided as to the
Weight of Testimony.

the case will go to the jury by Satur-
| day. Thomas Franey. the defendant
was on the witness stand the greater
/ part of yesterday afternoon and told a
story that did not differ in any mate
rial respects from the stories told by
his partner Frank Moody, and the alibi
| witness Mike Creamer He fully ac-
counted for his time on the night of
| the murder of Paul f. w. kroeger, and
| the testimony of an alibi is only weak
ened by the fact that it is given by the
| two defendants and their particular
| friend, Creamer. The only other evil
dence strongly favoring Franey is that
relating to time and the famous viii
house clock, whom everybody in that
building seemed to have been intently
gazing at at 10:45 o'clock on the night
of May %, 1897 making mental notes
OF the time indicated and then remem-
bering several weeks later that the
| clock was habitually. VIGOROUSLY and
purposely kept a quarter of a hour
fast. However, if the jurors are as di-
vided in their opinion as to the weight
of the testimony so far offered on both
sides, as the lawyers and spectators of
the trial are, there is every prospect Of
a hung jury.
Frank Moody was put on the stand
for further cross-examination yester-
day morning and in answer to ques-
lions asked by Mr. Baldwin he said he
first met Franey in Butte while they
We're in Jail and that was the first time
he had seen him since they parted in
Colorado several years before.
Did you ever know him by any other
name?" asked Mr.. Baldwin.
No
Mr.. Baldwin asked Moody where he
now lived, but the court sustained an
objection to the qestion.
Have you been in the habit of COM
muncating with Franey in jail?"
Yes, we hallooed at each other and
everybody could hear what we said"
Pass notes, did your"
Yes"
How was Dreamer dressed on the
night of May 25?''
He wore a dark cutaway coat
Did he wear a macintosh that
night?''
No"
Did you ever see him wear one?"
Yes"
What kind of hat did you wear
that night?"
Here it is answered Moody, ex-
hibiting his hat, a light-colored soft
one.
When the examination of Moody was
finally concluded William Hardcastle.
the coroner,s stenographer was called
to show that Henry kroeger had made
contradictory statements as to the col
or of handkerchiefs the two robbers
wore over their faces.
The states attorney objected, and
there was long wrangle over the reg
ularity of the attempted impeachment.
and the court ruled that the matter had
not been properly put to Kroeger when
he was on the stand, and he was there
fore recalled and asked by Mr.. McCler-
nan whether he had not testified at the
coroner's inquest that the men had the
lower part of their faces covered with
dark handkerchiefs.
Kroeger denied that he used the word
dark, but stated that the men wore
white handkerchiefs and the transcript
of his testimony was a mistake of the
stenographer.
Hardcastle was then put on the
stand again, and referring to his origi-
nal notes of the testimony at the in
quest, said Kroeger had used the word
dark" Mr.. Baldwin tried to show on
cross-eXamination that Hardcastle's
report was not correct, and that in
many instances his transcript did not
agree with his notes, in that he had |
omitted number of words and insert |
ed others.
The court sustained an objection to |
the question. II don't propose to sit |
here and listen to all this" said the |
judge.
Mr.. Baldwin continued his line of ex- |
Get away, there; get away" ex-
claimed the judge, pointing his index
finger at the witness.
The witness, however. tarried a while
longer, and Mr.. Baldwin continued his
questions.
Mr.. McClernan has objected and his
objection has been sustained" said
the court.
well, we have changed the form of |
the question" said Mr.. Baldwin.
1T makes no difference" said the
court.
Mr.. Baldwin argued the point with
the judge and gained concession. The
court took a recess for five minutes to
allow Hardcastle and Mr.. Baldwin to
the stenographer's notes with
the transcript At the expiration of 10
or II minutes Mr.. Baldwin was ready
to proceed, and he asked the witness to
explain the number of discrepancies he
found in his transcript. The court sus-
tanned another objection, but for the
purpose of getting it into the record"
Mr.. Baldwin was allowed to ask a
number more questions on the same
tons. and County Attorney Stapleton
said that there were at least half doZ-
IN mistakes in the stenographer's re-
port of the one question and answer, |
md Mr.. Baldwin said they should have
The right to show the extent of MIR. |
> competency anu the IN
of his reports. He also
said Mr.. Kroeger could not oe i'm
Deached on the private notes of the
,oroner's clerk, when the law did not
authorize the taking of testimony at
he inquest. and didn't provide for an
'fficial report. and the report was never
cad to or corrected by the witness.
The court sustained another objection.
Il beg leave to differ with the court
Is to the law on this question" said
dr. Baldwin.
Yes, yes. all right replied the
curt
There were more questions, more OBJ
ectiors and more rulings by the
curt, and Mr.. Baldwin had sometninS
more to say.
Mr. Baldwin. Mr. Baldwin, keen
uiet: you disturb us" said the court
The trouble over Mr.. Hardcastle and
rs notes had not been settled when the
curt adjourned for the noon recess.