The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-29

| AL Ford, d. N. Dicgenson and Steve
Simpson as witnesses for the state.
New Evidence Discovered.
I'VE have just discovered new evil
| dence bearing materially on this case"
| said he in making the request, and
an affidavit is now being prepared set
| ting forth these facts, the materiality
of the evidence not having been dis
covered until this morning."
Mr.. McClernan said the defense
would offer no objection to the names
being Endorsed on the information. but
he said that after he had heard the
testimony of the new witnesses he
| might want the indulgence of the court
to meet the evidence
YES replied the judge, las this is
something of a surprise you can have
time if you want it. and as these
names are Endorsed by consent an affi-
dayit is not necessary"
I'VE will call d. N. Dickinson" an
nounced Mr.. Stapleton. and ''Veno" was
brought into court and sworn to tes-
tify as witness and the anticipated
sensation was about to be sprung.
What is your name?" asked Mr.
Baldwin, proceeding with the examina-
ton.
ID. n. Dickinson"
Are you acquainted with this de-
PENDANT. Thomas Franey?"
yes
How long have you known him and
where?'
THE first place l met him was in the
county Jail in 1897. 1t was when was
first taken to the county Jail and oc-
cupied the same cell with him.
When We're you taken to jail?"
oct 81"
Did you and the defendant have OPP
portunities to talk to each other?"
Yes, we talked considerably in the
evening after we were locked I'D after
o'clock in the evening""
Did you have an opportunity to walk
together and associate in the day
timer
Yes. we We're in the corridor to-
gether. but I don't remember any con-
versation in the corridor
Did he have any conversation with
you or in your presence relating or per-
tanning to the murder of Paul f. w.
Kroeger, and if so you may state un-
der what circumstances and what was
said as fully as you can recall or re-
member"
1T is very hard for me to remember
the exact words. We had eonversa-
tons regarding the murder. It was the
first night l was in jail. We We're put
in the same CELL and I asked him what
he was there for, and he told me-
had been ignorant of the case and had
not heard of the murder. He said he
was being held for the murder of
kroeger. asked him why he was held
and he said he had a reputation for
that kind of business. and for that rea-
son they held him. The next night we
had talk on the same subject We
talked about Mr.. Moody. his partner.
asked him If he was not afraid Moody
would turn states evidence, and he said
no. that Moody was too game and too
good man to turn states evidence.
He said he was not afraid of him. We
talked about the shooting of this man.
and / asked him how he got shot, and
Franey said Kroeger ran into his gun.
and then he talked further about the
murder and | got frightened and did
not want to talk any more about it. He
told me about other cases he had been
in
Whose gun did he say this man ran
into?" asked Mr.. Baldwin.
I couldn't say. understood him to
say his gum,
''Franey's gum"
Yes, SIR
Ran Into Franey's Gun.
The substance of the conversation
was that Kroeger ran into Franey's
gum"
Yes. sir
What, if anything, did he say about
the action of himself and Moody in re-
lation to the murder?'
L don't remember anything about
that"
How was Moody's name introduced
in the conversation
AS l remember it / said something
about his age-about him being so
young. and that he would not be able to
resist the temptation to turn states ev-
idence. and Franey claimed Moody
would not, and that he had perfect con-
fidence in him."
You may state if anything he said
about who was his co-defendant."
1T was in the general talk as near
as l can remember. | was astonished
at
The answer was interrupted by an
objection from Mr.. McClernan
As to Moody turning states evidence
what case was referred to in your con-
yersation with Franey?" asked Mr.
Baldwin.
We were talking about the Kroeger
case at the time
THE case in which Franey was
Jointly informed against with Frank
Moody?"
Yes, sir
Tell all you can remember of that
conversation
4 can't remember all of the CONVEX
sation. or exactly what all was said"
Did you still remain in the cell with |
Franey after you say you were fright
ened. and for how long?"
Three or four nights. as far as 1 can
remember
During the conversation what, If |
anything. did Franey say in regard 10
the description of the gun he said |
kroeger ran into?"
Nothing that I remember
You may state what. If any. CONVEX |
cot FAFa farl l. ia.