The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-28
He Positively Identifies Both
Moody and Franey.
VIII. NICH0LSSAW THEMEN
A Handkerchief Found on Franey Which
Had Been Used as Mask-The
Facts of the Arrest as
Told by Witnesses.

| ing With tHc youth, SlSHlunQ meyer, or
the witness stand. He told about the
same story related by him on the trial
of Frank Moody. He said he had known
both Franey and Moody, having learned
| to know them after Moody was arrested
| about year ago with the Clancy gang
| of robbers. After Moody was released
| from that case he and Franey were fire.
| quently together. On the night of the
25th of May of last year, the night OF
the murder. Meyer was going TO his
| home on West Park street. He saw
| Franey and Moody going in the same
direction and out of curiosity he followed
| them as far as the Parochial school, at
the corner of Park and Washington
streets, two blocks from Crystal, the
scene of the murder. When they reach
ed the school Franey suddenly looked
| around and peered into Meyers face,
whereupon the young man crossed the
street and returned to his home. Meyer
said he was positive as to the identity
of the two men he followed, especially
as to Franey. He said il was about 10
o'clock when he saw the two men,
which would have been about 20 min
utes before the murder Meyer said he
did not look at his watch to ascertain
the exact time. Mr.. McClernan pro-
dueed Meyers testimony at the prelimi-
nary trial, at which he said he had
looked at his watch and saw it was just
two minutes past 10 o'clock. Meyer did
not attempt to explain the variance of
his two statements.
w. H. Nichols, who lived near the
scene of the murder, testified that he
heard the two shots fired by the rob-
bers who held up kroeger and his
brother. and heard Henry Kroegers
cries of murder" He ran out of his
house and saw three men running by
one ahead and two following him. He
said the taller of the two men seemed to
be an old man. On cross-examination
by Mr.. McClernan, the witness said he
had seen Frank Moody and thought he
was about n or % years of age. Moody
is the taller of the two suspects.
p. c. Dean. the next witness, testified
regarding the lights ON West Park
street, and especially in the vicinity of
Crystal street, the point at which the
murder was committed.
Jacob Osenbrug, brotherin-l law of
the murdered man, testified that he
reached the scene of the hold-up shortly
after the shooting and saw Kroeger ly-
ing in the street. He was with Henry
Kroeger when the latter called at the
city Jail to try to identify some of the
suspects under arrest. Franey, who was
one of the men held on suspicion acted
very nervous and tried to avoid looking
at Kroeger. Subsequently, when the
witness saw Moody at the county Jail.
Moody shrank from Henry Kroeger and
after he first saw him he never took his
eyes from him until he was taken back
to his cell, and when he was taken away
he almost sprang to get out of sight.
Henry Wey an eX-police officer, testi-
fled that he arrested Frank Moody at
the corner of Main and Granite streets
and took him to the city jail Returning
a moment later he met Franey and the
latter stopped him and told him he could
prove an alibi for Moody. Wey and City
Detective Murphy went to the Will
house at Arizona street to search the
room of Franey and Moody. While the
officers We're searching the room Franey
came in and gave an account of the
of himself. Moody and a fell
low named Cramer on the night of the
murder. He said they went into the
California brewery at $3.50 o'clock and
there an hour and the three
then went to the room at the VIII house.
where they rushed the can" He was
asked where they got the money and
he said Moody had borrowed a dollar
from Attorney Naughton and another
dollar from Attorney Morrin. Franey
said that after they returned to the room
they borrowed an alarm clock from Mrs,
Althoff, the landlady. That was at about |
,:30 O'Clock. Wey said he saw pocket |
sticking out of Franey's |
pocket and he took 1t out and showed |
t to the other officers. The handker- |
chief was creased at opposite corners |
and looked as If it had been tied in a |
Knot. The witness said that the officers |
found no clock in F'raney's ROOM The |
bed hadn't been made up yet. On cross
the witness said the hand
Serchief he took from Franey looked as |
4 ii had been used for a mask. The
was returned to Franey
md Detective Murphy suggested that
he man be shadowed for a while.
hough Wey wanted to throw him in"
It once. He was arrested later in the
lay.
Mr. McClernan submitted to the wit
less a portion of his testimony given at
he preliminary examination. in which
le stated that Franey had told him he
vas with Moody, Cramer and a lawyer
famed Morrin at the California brewery
'efore going TO the room at the VIII
ouse. The witness said he did not re-
member testifying that Israney said
Iorrin was with him. Wey was re-
uired to read the testimony TO the jury
nd then Mr.. Baldwin suggested that
he subsequent question and answer in
he written testimony would explain the
ne just read and the witness was di-
ected to read that also. 1t had no ref
renee to the statement made by Franey.
ut again told all about the creased
and the witness suspicion
nat ndu Deell uStO as a mask, ana |
he matter was for the third or fourth
me brought to the attention of the jury
'ithout objection from the defense.
You have taken an extraordinary in
crest in this case since you left the po-
ce force?" asked Mr.. McClernan.
Il have done all could to bring these
uilty parties to Justice
How do you know they are guilty?"
Il have no particular reference To
hese defendants"
You know there has been a reward
nered in this case?" +
Yes. sir
Does that fact make any difference
} you in your work on this case"
NO. sir"
Would you take the reward il II We're
nered TO you?''
Il certainly would IL it were handed
me-"
Are you not specially employed to
ork up this case?"
No. sir"