The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-01
THE DEFENSE AN AL|B|
The Attorneys for Franey Will
Try to Prove One.
DREAMER ON THE STAND
He Said He Was With Franey and
Moody From $50 to 1o:45 on the
Night of the Murder-His De-
meanor Against Him.

/ The state concluded the introduction
OF its testimony against Thomas Franey
| yesterday forenoon and then the de-
fendants's attorneys sprung a sensation
| by not asking the court to instruct the
jury TO acquit the defendant and going
on to make the alibi defense.
| Mike Dreamer, the defendants prin-
| cipal witness, was on the stand all aft
ernoon and repeated the story he told at
the preliminary examination about hay
ing been with Franey and Moody on the
night of the murder of Paul +. w. Kroe-
| ger from $3.50 to 10:45 o'clock, and that
they were nowhere near the scene of the
| murder. Dreamer told straight story
but his demeanor on the witness stand
was somewhat against him. He fire.
| quently got smart and tried to inn
press the jury and spectators with his
| Importance.
Robert D. Lewis was put on the wit
ness stand for further examination
when the trial was resumed yesterday
morning, and Mr. Baldwin asked him
again as to his impression relative to
the identity of the man who was run
ming with Franey from the scene of the
murder He said it was his impression
that the man was Frank Moody The
cross-examination was then begun by
Mr.. McClernan, and in reply to uues-
tons asked by him the witness said
that he had entered Park street, from
Alabama, about 20 or so feet when he
heard loud voices at Crystal street and
followed by two shots. Crystal was
nearly two blocks distant from the
point where he was when he heard the
voices and shots. Mr.. McClernan called
the witness attention TO the fact that
his testimony on Saturday regarding
the color of the mackintoshes worn by
the two murderers did not agree with
the testimony he gave at the coroners
inquest. He said when he spoke of
light mackintoshes at the inquest he
used the word to- distinguish them from
heavy coats. AT the preliminary ex-
animation he said Moody wore a Fe-
dora hat and at the trial in the district
court he said he wore light colored,
round hat. He explained the variance
by saying that when he testified at the
preliminary he did not know what a
Fedora hat was. He also declared that
the transcript of his testimony at the
coroner's inquest did not report him
correctly in several respects. He had
never been given an opportunity to
read or correct it. Lewis said that
when he joined the two murderers and
ran with them they had just entered a.
ray OF light from "A street light and he
had good look at their faces. His
impression was that both had a few
days growth of beard on their faces.
DO you not know as a fact that
Moody's face never had a razor on it?"
He might have had a false beard
on answered Lewis
Did you not say to officer Pete
Handlin that you could not give a de-
scr1ption of the men. and that you could
not tell whether they wore boards and
moustaches or not, and that YOU
could not tell the color of their eyes or
compleXions?"
II did not"
Mr.. McClernan asked the witness to
go through the transcript of his testi- |
mony at the coroner's inquest and point |
out the alleged errors in it, Mr.. Bald |
win objected, but the court said it was |
perfectly proper, and he read the law |
on the subject, or rather what he |
thought was the law, but it was point
eG out to the court that it was laboring |
under the mistake of believing the |
transcript referred to the preliminary
examination, which had been taken |
down according to law. read over to the
witness and by him corrected and
signed.
oh, yes; oh yes" replied the court.
well, the objection is overruled any
way, and Mr. McClernan may proceed
with the examination
hG NitiieSS Was IHen required to read
the whole transcript of his testimony at
the coroner's inquest. After he had
read 1t over to himself he had to read
1t to the jury again and then pointed
out plumber of instances in which he
was incorrectly reported, or where the
testimony was erroneous, and which he
would have corrected if he had been
given an opportunity.
Mr.. Baldwin then wanted to have the |
witness read to the jury the whole of
his testimony given at the preliminary
examination since he read the testi-
mony given at the coroner's inquest
on, no. said the judge, you cannot
do that"
We'll, perhaps the defense does not
object to it," suggested Mr.. Baldwin.
Whether it does or not, I can not sit
here and hear you go over all this ir-
relevant matter. We are under a great
expense here to the taxpayers and we
want TO get through some time"
Mr.. Baldwin thought the witness
should be treated fairly and should be
allowed to read his corrected and signed
testimony as we'll as the testimony
which he said was not correct, but the
court had the taxpayers in mind and
decided against Mr.. Baldwin.
Canty on the stand.
James A. Canty was the next wit
ness and testified that he was at his
home on West Park street beyond Ala
bama, at the time of the murder His
wife told him that some shots had been
Tired and he went out on his porch to
investigate and saw three men running
toward him on the sidewalk Two OF
them continued on and ran across some
vacant lots and the third one. who
vas young Lewis, stopped and told him
what was up Mr.. Canty did not have
/ very good look at the two men who
AN by his house. but he noticed that
me was conSidera hlx- ia Her than tho
timer. In size and general appearance
F'raney and Moody resembled the two
men, said the witness. He thought il