The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-05

80 seia AAAdl al all flfS Allt dl1I
long and varied practice he had neve,
/ seen case tried like this one was. He
| SAID the attorneys should have their tes-
timony In shape before the trial began
The court spoke about the great expense
to the county, and mentioned the jury
| fees, the salaries of the bailiff. the sal
| airy of the court and other costs.
MIR. Baldwin, recalling the fact that
Judge Clancy convenes his court at 8
O'Clock in the morning and giving only
| an hour and a half for the noon recess.
| said he had no opportunity to get his
testimony together in any other way
than he did; besides he could not tell
| what rebuttal testimony was necessary
! until after the defense had closed its
| case. Mr.. Baldwin thought the idea adj
vanced by Thresher that the defense
bad not had an opportunity to consult
the states witnesses, was about the
| newest thing he had heard. The court
however, declared that there had been
enough of rebuttal testimony and would
not allow the state to call its new wit
nesses. Mr.. Baldwin then stated that the
purpose of calling the witnesses was to
prove that Drs. MacNevin and Alexan-
der were the only surgeons in attendance
at the st. James hospital during the
period when Franey claimed to have
had his arm treated there, and that the
testimony was not for Impeachment but
Tor contradiction. After making his
statement he announced the close of the
states case. Mr.. McClernan said the de-
tense had no sur-rebuttal, and on the
suggestion of the attorneys the court
at 1880 o'clock, adjourned until 80 to
give them time to prepare their instruc-
tions.
We'll. Mr.. Bailiff,'' said the court
you can remove the prisoner, Mr..
F'raney. back again." and the defend
ant was returned to Jail
The Judge said he would NOT limit tho
arguments of attorneys
County Attorney Guy w. Stapleton
opened the argument for the state
when court reconvened and at once en-
tered into a review and analysis of the
testimony. He referred to the positive
identification of the witnesses. Siginund
Meyer and Robert d. Lewis, and the
latters declaration that he could never
forget the eyes of Franey. Look at
those eyes, said Mr.. Stapeton, and
see II they are not such eyes as would
impress themselves on any man.
undertake to say that the Jurors have
hundred times, during the trial no
ticed the bad stare referred 10 by
Meyer While the county attorney
made that statement to the jury the
defendant held up his head. looked
straight at the jury and grinned.
Continuing his argument, Mr.. Staple
toii Sdld It IdItS Was DOSl1lNely lupnit-
ned as one of the two men seen run
ming away from the scene of the muir
der and that he wore a macintosh
which caught on a water hydrant and
was torn. Officer Stebbins of Anaconda
testified that two days before the muir
der Franey was in Anaconda and wore
Il macintosh which had a diagonal
rent on one side near the pocket Mr..
Stapleton concluded from this that the
rent in the coat caught on the hydrant
otherwise the coat would have slipped
over the hydrant without tearing The
witness Meyer saw Franey and Moody
near the scene of the murder only a
few minutes before the crime was COM
mitted and the defense did not attempt
10 impeach the credibility of that tes-
tlmony. The witness Halter also saw
Moody standing in front of the formers
store, near the scene of the murder a
short time before it occurred. The
county attorney reviewed the testi-
mony as to Franey's Identification after
the commission of the murder and re-
ferred TO the fact that Henry Kroeger
identified the voice of the defendant
as that of the man who commanded
him to throw up his hands D. y.
Dickinson testified that he had a con-
versation with Franey in the county
Jail relative to the murder and when he
asked Franey how Kroeger was killed
the defendant answered that Kroe-
ger ran into the gun. Dickinson was
reluctant to testify and only consented
to tell what he knew after he had con-
suited his attorney. Mrs. Althoff. pro-
prietress of the Will house, testified
that the two defendants came into the
house at 1O:45 o'clock, but she claimed
that the clock was a quarter of an hour
fast. She did not, however, think of
the fact that the clock was habitualIy
fast until some time after she first tes-
Enh Mt hn
She testified that the men We're greatly
excited and seemed to be i'm hurry
Mr.. Stapieton then took up the testi-
mony of the defense and said that.
admitting Mrs. Althoff's testimony
to be true. that the clock was fast. the
defendants would still have had plenty
Of time to return to the Will house |
from the scene of the murder City |
Engineer Blackford testified that the |
Instance from the corner of Park and |
Crystal streets west to Excelsior ave- |
hue, north to Broadway and east to |
The VIII house, was a mile and one |
TENTH but the distance could have been |
greatly shortened by returning through /
the alley between Park and Broadway, |
and there was nothing TO hinder their
speed in the darkness of the alley. /
They ran past the house of w. II. Mich
Dis at 1922 O'Clock, Mr.. Canty's place
1t 1925 o'clock and then they had 10
which they could readily have done. /
even admitting that Mrs. Althoff's
lock was quarter of an hour fast
The testimony of the witness Dreamer
md that of Moody did not agree as TO
he time they spent in the room at the
viii house. According to Creamer's
statement as TO the time they con-
'umed over three or four pitchers of
'eer they had il was after II o'clock
Fhen they parted company Mr..
said the interest and motives
II the defendants in testifying had to
'e taken into consideration by the jury
lie referred to the fact that Franey
positively declared that he did not wear
macintosh on the night of the muir
Ter and had not worn one for a year or
more, and yet other testimony contra
icted him fatty and showed that he
ad worn macintosh constantly and
fas seen with one the day before the
murder. The bad reputation of the de-
endant, as testified to by a number of