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

suggestion of a third party, testified
again and said she kept her clock ha-
bitually quarter of an hour fast. The
court overruled Mr.. MeClernan's OBJ
lection and In answer to further ques-
tons Mrs. Althoff said she never at
tended to the regulation of her clock,
but left that to her son. She testified
that she gave her first testimony at the
preliminary trial on June % for the
state, and on July 6. Is days later, she
testified for the defense and made the
statement that her clock was always
fast. She said that when Moody and
Franey came in and called at her room
to get an alarm clock, Franey carried
his right hand in his vest. Mrs. Alt
hoff spoke about some difficulty Moody
and Franey had on the Sunday previ-
Gus over their room, and Moody threw
a rock at Franey. They auarreled and
were excited, and when they came into
the house on the night of the murder
they appeared to Mrs. Althoff to be in
about the same state of excitement as
she saw them in when they were quar-
reling on Sunday. She heard their
footballs approaching that night and
they came from the direction of the
rear stairway or entrance to the house,
but she could not say whether or not
they came in at that entrance or not.
The main entrance is on Broadway at
the west end of the building, and any
ton of West Broadway would have to
pass that entrance and go around the
building i'm order to reach the rear en-
trance. The room occupied by Franey
and Moody is nearer the latter en-
trance.
If your clock was a quarter of an
hour fast and it was a quarter of IL
when Franey and Moody called for the
clock, then the real time was not more
than half-past 10?" asked Mr.. McCier-
nan on cross-examination.
Yes, SIR
Were in Hurry. ~
Mrs. Althoff said the men appeared
more in hurry than excited. Franey
did not appear as much excited as
Moody, but she had noticed before that
Moody was a very nervous young
man." but she had only seen him once
or twice with the exception of the time
he had the quarrel with Franey
When you spoke of excitement"
asked Mr.. McClernan, did you OF did
you not refer to this nervousness in
Moody"
1T was that more than anything else"
At the conclusion of Mrs. Althoff's
testimony Mr.. Baldwin gave notice that
the state would not call AL Ford and
Steve Simpson, the witnesses who were
alleged to have some knowledge of
Franeys alleged confession To d. n.
Dickinson. He said that before their
names were endorsed on the informa-
ton the states attorneys did not have
an opportunity TO ascertain definitely
the real purport of the facts within the
knowledge of Ford and Simpson, but
since then they have been interviewed
and it has been decided not to call them
and that their testimony was unneces-
sary. Mr.. Baldwin therefore asked for
an order excusing the two witnesses
from further attendance on court
MTI c.il ha moi N n
sition to oppose the request of Mr.
Baldwin, but he would like to have had
an opportunity to cross question Simp-
son. Mr.. McClernan suggested however,
that it was matter within the discre-
ton of the court.
within the discretion of the states at
torney. and Judge Clancy ordered the
two witnesses discharged.
isobert ID. Lewis.
Robert d. Lewis, the states most i'm
portant witness, was then called. He
said he was a clerk by occupation and 20
years of age.
Where did you reside on and prior to
the 25th of May, 1897
with my brother at SIS West Park
street"
What were you doing during the
evening of that day."
Il was visiting friends on West Ca
lena street until about 10 o'clock"
Where did these friends live?"
AT the corner of Alabama and Galena
streets"
BY what route did you return to your
homer
Il came up Galena and moth on Ala
bama to Park and turned east toward
my home.'
IF anything happened to attract your
attention on your way home you may
say what it was"
Il had just got around the corner of
Alabama on to Park street when
heard some loud talking and then two
shots in quick succession. ! heard the
man grooming who had been shot and
three men came running toward me on
the opposite side of the street. The
one in front was hallooing for help.
was in the middle Of the street opposite
to him, and | asked him what was the
matter. | did not understand what he
said, but l thought he told me to keep
out of the way. l saw two men chasing
him, and joined them and asked thc n
what was the matter. They Stacked up
a little and ] ran along with them. They
said a policeman had been shot by the
man who was running ahead. We ran
together as far as Alabama street
when | thought the man ahead had
turned off on that street, but the two
men kept on straight ahead and ! said
the man had turned off, but they said
no, that he had gone on west. said it
was funny that man who had com
mitted murder should be making so
much noise, and they replied that he
did 1t TO keep attention from him.
asked them il they had a gun. and they
said they did not and asked me ii had
one. l told them did not. l went with
the two men as far as Mr.. Cantys
house, and Mr.. Canty came OUT and
asked what was the matter. l stopped
to tell him. but the two men kept on
running and cut across some vacant
lots toward Excelsior avenue. Mr..
CAVITY told me to go next door and tele
phone for the police | aroused the
people and asked them to telephone and
/ returned and went with Mr. Canty to
the scene OF the murder"
The witness said he thought the man
the two had been chasing was the muir
derer but he learned Inherently after
wards when he was informed that the
man was Henry kroeger, brother OF the