The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-08
THE JURY is STILL OUT
No Verdict Reached Yet in the
Franey Case.
A HUNG JURY EXPECTED
The Case Went Into Their Hands at Noon
Monday-The Instructions Consid-
cred to Be in Favor of
the Defense.

The Franey murder case is in the
hands of the jury. but the prospects for
an agreement and verdict are remote
The case was submitted at i o'clock
yesterday, and at 2:45 O'Clock this
morning the jury was still out and
locked up for the night. 1t was gen
orally predicted yesterday that the re-
suit would be a hung jury or an &C
quittal
Judge Clancy started to read his in
structions TO the jury at 10 O'Clock yes
terday morning. and it took him nearly
an hour to complete them. 1t was then
discovered that the information in the
case had been mislafd or had in some
way miscarried. Anyway. 1t could not
be found. and it took an hour to draw
up A copy of il from the court records.
While that was being done the jury sat
and waited. and must have thought
that some i'll fate was keeping them
from getting the case. They finally re-
tired at l. o'clock noon 10 deliberate
upon their verdict.
The courts instructions We're in the
main very favorable TO the defense. A
new and novel thing in criminal prae-
tice was an instruction given at the
request of the prosecution, telling the
Jury not to take, heed of any remarks
and comments on the testimony made
by the judge during the course of the
lIldfs uC inSli 40 SdblhitNro
by the state. is as follows
1.-THE jury are instructed that II
would be highly improper and wrong
for them to regard any oral state
ments or comments of the judge of
this court during the course of this
trial upon the evidence or testimony
of the witnesses therein or any repe-
tition of the testimony of any of the
witnesses examined therein, or state
ments as to what any of said witnesses
examined herein or statements as to
what any of said witnesses testified or
what such testimony proved, or the eff
feet of any of such testimony, II any
such have been made, as entitled to
any weight whatever in this case, and
in celebrating upon your verdict You
will not be in any wise influenced
thereby, but viii rely entirely upon
your own memories as to all the evil
dence which has been adduced before
you in the course of the trial."
To this Judge Clancy, however added
a few words Of his own, warning the
jury not to pay any attention to any
thing the lawyers may have said that
was not based on the evidence at the
trial. In other respects. the instructions
did not differ materially from those or
dinarily given in murder cases, except
that the judge added To the one defining
murder in the first degree a few words
of his own, telling the jury that In this
case they could only return Il verdict of
murder in the first degree or one of not
guilty, which, in effect, prohibited them
from returning verdict in a lesser de-
gree than the first.
In regard to the alleged admission OF
confession made by Franey the instruc-
tions said that the evidence of such adj
missions could be taken into considera-
tion in connection with other testimony
and given such weight as ii might be
entitled to. on the subject of circum-
stantial evidence, the instructions said
that crime can be proved by such evil
dence, and it would be just as legal and
effective as any other evidence. but the
circumstances must be proved so clear
ly and conclusively on all points that
there can be no reasonable theory of the
defendants innocence before a verdict
of guilty can be found.