The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-27
RECOGNIZED HIS VOICE
Henry Kroeger Has a Keen Ear
and Is Positive About It.
Mr.. FRANEYS GRAY EYE
The Prisoner Scrutinizes the Witnesses
Very Closely and His Face Reflects
His Emotions Kroeger's Tes-
timony Not Shaken.

The Introduction of testimony i'm the
| trial of Thomas Franey for the murder
| of Paul +. w. kroeger was begun in
| Judge Claneys court yesterday morning
after County Attorney Stapleton had
made a brief statement of the facts the
| state expected TO prove. Franey was
represented by Attorneys McClernan.
| Thresher and Naughton, and the state
| by the county attorney and John r.
Baldwin. The defendant sat back of
his attorneys and throughout nearly the
entire day he wore an unpleasant smile
on his face, which broadened whenever.
he thought the witnesses made a mis-
statement or his attorney had made a
telling point in his examination. His
strange, gray and almost colorless eyes
shifted from the jurors to the witnesses.
and when Henry Kroeger brother of the
murdered man, was on the stand, he
frequently fixed his eyes on the witness
for minutes at a time during which his
face wore a disagreeable, vindictve eX-
preston.
The first witness called to the stand
was Henry Kroeger brother of the muir
dered man, and he repeated the story Of
the hod-up and murder. as he had told
1T at the trial of Frank Moody, Franey
co-defendant who was tried in the early
part of December and discharged by
-
legged failure to make out case against
him. The witness and his brother were
going home on the night of the 25th of
May of last year. walking along tho
north side of Park street going west.
Paul Kroeger lived on Galena street. be-
tween Crystal and Jackson, and Henry
Kroeger resided on Ala bama, west of
Missoula gulch. Just as they reached
the junction of Park and Crystal, where
they were to separate, they We're sud-
denly confronted by two masked men,
who pointed revolvers at them and one
of them commanded the brothers to
throw up their hands. Henry Kroeger
instantly complied, but his brother did
not, and made a few steps toward the
robber who stood in front of him and
stretched out his hand toward him as
if to grapple him. The robber retreated
and fired two shots at kroeger and the
latter fell. Henry Kroeger started to
run and cried murder and help"
The two robbers followed him as far as
Alabama street and once told him to
shut up or he would get a similar dose
AT Alabama street kroeger turned south
toward his home and the two men con-
tinued on west on Park street. While
running away from the scene of the
murder the witness saw some man
come toward him from the opposite side
of the street and asked him what was
the matter. Kroeger replied that muir
der had been committed and kept on
running. When the witness reached his
home he secured a revolver and re
turned to the scene of the hold-up and
found his brother lying in the street.
He was removed to Wells hospital,
where he died within few hours.
Mr.. kroeger said that the day fol-
lowing the murder several suspects were
arrested and he was called to the Jail
to try to identify them as the murderers
He said that when Moody was brought
no Sh ,iSfa r..
able signs of nervousness. The defense
objected to any testimony regarding
Moody for the reason that il had not
Yet been shown that Moody had any
thing to do with the murder or that he
was with Franey. Mr.. Baldwin argued
that it was competent to show identity
and to show that there were two men
and that Moody and Franey We're to-
gether The judge told MIR. Baldwin he
had put the cart before the horse" and
sustained the objection. Mr. Kroeger
then, continuing his testimony. said that
he was also called to identify Franey
He did not show the same nervous
ness that Moody did" said the witness,
but he avoided my gaze. / asked the
lailer to talk to him so ] could hear
Franeys voice. He did so apd | knew
then that it was the same Voice that
commanded us to throw up our hands"
Mr.. kroeger went on to say that he
was unusually gifted in the identified
ton of voices because he had long and
special training in voice culture and
he also knew it to be fact that where
one sense was imperfect others were cor
respondingly sharper, and his eyesight
being very poor his hearing was more
acute.
Attorney McClernan objected to that
testimony on the ground that 1t was eX
pert testimony, but the court oVerruled |
the objection.
The witness said he subsequently re- |
ceived letter from Franey stating
that he wanted to see him. and with sew |
eral others kroeger called again at the |
Jail and saw Franey in the jailer's office /
and had long conversation with him. /
Franey said to kroeger that if he could |
personally identify him he was willing !
to take the consequences but he did !
not want him to take the word of any |
one else for i.
II had a good opportunity to hear his
voice then and when it reached a GER
tain pitch of excitement / recognized
and knew it TO be the same voice that |
gave the command that night to throw
up your hands | was positive of it
then"
The witness said he afterwards saw
Franey and Moody together in the office
of the county attorney and their builds
and general appearance correspondent
with those of the two robbers and muir
derers.
III eIooS-eAdIilihdtion ny MI Mc1leT-
nan the witness said he and his brother
left their place of business on West
Park street at 1920 o'clock on the night
of the murder, May %, and started west
together. He said he had often timed
himself going from his place of business
TO his home and il usually took him
about six minutes. Crystal street. the
place of the murder. is about two3thirds
of the way. and the witness concluded
that 1t must have taken them about four
minutes to reach that point. Mr.. Nc
Clernan submitted to the witness tran
script of the testimony given by him at
the coroner's inquest and preliminary
examination. at which he testified that
II was % or % minutes after 10 when
they started home. and Mr.. kroeger ex-
planned that a that time he did not
know that it was necessary to be so
exact as TO time but since then he had
been thinking over the matter and had
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