The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-30

Il was visiting some friends on West
Galena street on the night of the MUIR
der, and was on my way home on Park
street, when 1 heard some loud talking
and two shots We're firc.l. / saw man
running toward me- and two other men
were chasing him. l joined them and
asked them what was the matter. The
man nearest to me said policeman
had been shot. l ran With the two men
for some distance and distinctly saw
the face of the man who was talking
to me. 1 thought at the time that if
should ever see that face again would
know it, because it was striking face
and one a person would not soon for
get. The eyes especially were peculiar.
l am positive that that man was this
defendant, Thomas Franey. From the
testimony of Robert j. Lewis ut the
trial of Thomas Franey for the murder
of Paul F. w. Kroeger.
The state is weaving net OF evidence
around Thomas Franey from which it
would appear impossible that he could
GAtiltdtc lilHiSCtL. ttiG tilhi yNStIi-
day a witness testified positively to the
Identification of Franey as one Of two
men he saw running away from the
scene of the murder Il moment after
the shots were fired. The witness was
Robert d. Lewis, young clerk, who
was coming along Park street, short
distance from the place where the hold
up and murder occurred, and saw the
shooting. He saw Henry Kroeger, the
help and two men, the murderers, fol-
lowing closely after him. Young Lewis
approached the men and tried to find
out what was the trouble, and ran with
them for some distance, and during
that time held a considerable CONVERSE
ton with him relative to what had
occurred One of the two men, the one
nearest to him and on the outside of
the sidewalk answered questions readily
and frequently turned his face toward
young Lewis so that the latter had a
good opportunity to observe him. Fra
ney has a strange and most striking
face-sharp, cold and cruel. with re-
markable eyes, almost colorless, yet
piercing, the gaze from which gives one
an uncomfortable feeling. Lewis was
impressed with the face and made up
his mind at the time that II he should
ever see it again he would know it. He
said in his testimony yesterday that
talked to.
Other strong points in the states
case so far are these: Franey and his
partner. Moody, We're in the California
brewery at the same time that kroeger
was there and had an opportunity to
see him display some money. They LETT
the brewery about the same time he
did. A few minutes later they were
seen within two blocks of Crystal
street. the scene of the murder, and
still walking in the direction of it. Two
men closely answering their description
were seen standing near the street
crossing only a few moments before
the murder. and seen running away
from 1t afterwards. F'raney was
known to have had an injured right
arm and carried it in a sling. One of
the robbers, the one answering the de-
scription of Franey. held his gun in a
peculiar way, while pointed at the head
of Henry Kroeger, as If his arm was
injured and his wrist appeared to be
bandaged. Besides this was the testi-
mony of d. n. Dickinson, who said
Franey had told him that Kroeger ran
into his gun" and was shot.
Some of the Weak Points.
On the other hand there are some
weak points in the states own evil
dence. The testimony showed that the
two men seen running from the scene
OIL the IluTu6G Doln wore lbuS
tosheS, and no such garments We're
found in the possession of either Moody
or Franey; il cannot be shown that
either one ever had worn such an arti-
Gle of clothing. Although both We're
we'll known to the police and certain
class of people. 1t cannot be shown that
they had any weapons. or what be-
came of them. if they had any, after
the murder. And then there is the tes-
timony of Mrs. Althoff. who insists that
her clock was a quarter of an hour fast
and that her time piece indicated that
ii was 10:45 o'clock when Franey and
Moody called at her room in the viii
house. where they lodged, and asked to
be called early in the morning. The
murder was committed at 1926 or 1925
o'clock, according TO the testimony,
which would have given F'raney and
Moody only four or five minutes to
cover distance of a mile or more.
There is the possibility, of course, of
Mrs. Althoff being mistaken. a posi-
bility that is increased by the fact that
when she first testified at the prelimi-
nary trial il did not occur to her that
her clock was fast. but after an inter-
val of Is days she appeared again as
witness, this time for the defense, and
made the statement about habitually
having her clock a quarter of an hour
fast.
Mrs. AIthon on the stand.
Mrs. Eva NJ. Althoff was again put
on the witness stand yesterday morn
ing, and MIR. Baldwin tried by numer-
Gus questions to bring out the fact that
her clock might not have been correct
on the 25th of last May. She repeated
that IL was 10:45 O'Clock when Franey
and Moody returned to the Will house
and that her clock was a quarter of an
hour faster than standard time. Mr..
McClernan objected TO the line of ex-
animation on the ground that il was a
cross-eXamination of the states own
witness. Hr. Baldwin argued that the
testimony was proper in a case like
this where a witness first testified.