Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-01-16
CIRCUIT COURT.
A Number Of Important Cases Disposed
OF Since Last Saturday Morn
fnU

A Number of Important Cases Disposed
Of Since Last Saturday Morn
ing.
Saturday, January 9th, the case Of
the State vs. Judd Pelter, indicted
for grand larceny, was called, and its
trial took up the entire day. Pelter,
who resides in the the eastern part OF
the county, not far from Hermosa, was
charged with the larceny of number
of head of cattle belonging to different
stockmen of this and Pennington coun-
ties. He was indicted by the last grand
jury, and for short time was incarcerat-
ed in the county Jail, but afterward re-
leased on bonds. The State introduced a
number of witnesses who testified that
the steers in question had been stolen,
the brands altered, and certain circum-
stances were related which tended to
show that at one time they bad been in
Pelter's possession. However, the evil
dence was disconnected and insufficient
to fasten the guilt upon the defendant,
and Notwithstanding the strong senti-
ment against this class Of offenders, and
an inclination to convict man charged
with this crime, on general principles, a
verdict of not guilty was arrived at by
the jury. The prosecution was carefully
conducted by States Attorney Porter,
assisted by b. X. Wood, while ii. d..
Reynolds ably handled the defense.
His argument in behalf of his client was
master piece, and is generally pro-
nounced one of the finest pleas
ever made in the Hills.
With the convening o. court Monday
morning, Murderer John b. Lehman
once more took his old seat in the prs-
oner's dock, and the inquistion to settle
the question of his sanity was COM
menced. The interest felt by the gen
eral public in this case was manifested
by crowded court room all through the
proceedings of the inquisition. The en-
tire morning was exhausted in the Sc
lection Of jury, and when the noon
recess was announced, the panel was
complete, having been drawn from the
regular venire. 1t was a jury in which
the extreme sections of the county were
represented, and the fairness and sim
cerity OF single member can not be
challenged by any one. Their names
and residences are as follows:
A. w. Drew, Elk Mountain.
Lon sherwood, Elk Mountain.
Isaac Cooper, Point of Rocks.
Murray Hodge. Point Of Rocks.
j. r Hobson, Custer.
T. /. Wheeler, Custer.
Robt. Hopkins, Pleasant Valley.
Geo. W. Tarbox, Spokane.
Eugene Atkins, French Creek.
Lewis Allen, French Creek
III. King, French Creek.
Chas. Robertson, French Creek.
The defendant Lehman was really the
plaintiff in this action, and by order Of
the court the testimony of the witnesses
in his behalf was first taken. DIR. Flick
of Rapid City, was the first gentleman
to take the stand, and his evidence was
substantially the same as that offered
by him at the trial of the defendant
some sixteen months ago. DIR. Van
Buskirk was the next witness. He
stated that he believed Lehman to be a
hopeless mental and physical wreck. on
the border land Of dementia. He told
his story pathetically. and when he con-
cluded informed the attorneys of Rapid
City, that IL he had left out
anything he was willing to be prompted.
Upon crosse Examination by Atty Porter
he admitted that some time ago when a
number Of prisoners were confined in
the Custer county Jail, he had visited it,
and expressed to Sheriff Wood his con-
fidence that he could at first sight select
from the number the man Lehman,
when he proposed TO swear out of the
reach of justice. He admitted also that
when given this opportunity he had
pounced upon old Jack Welch, now in
the Sioux Falls penitentiary, and pro-
.nounced him hopeless lunatic. Not
withstanding the objections which Jack
might have entertained, and the levity
which this incident created. the portly
doctor did not seem to think that this
trifiing error should affect his reputation
as an expert.
The next and last expert witness call
ed to the stand by the defense was DIR.
Siddons, OF Hermosa. The gentleman
disagreed pointeily with his fellow wit
nesses as to Lehmans physical condi-
ton. His testimony regarding the de-
fendsnt's mind, lost its weight with
jurors, and other auditors when he ac-
knowledeed to the States attorney that
he could not name or describe any Of
the various forms Of mania.
E. II. Flynn, unwillingly took the
witness stand, and testified that during
his acquaintance with the defendant he
had arrived at the conclusion that
he was not right in his mind. his opin-
ion of course having been formed from
what he had seen and heard at different
| times.
C. j. Buell., G. L. Wood and B. r.
Wood, attorneys for the defendant, fol-