Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-12-10

'f' btahkhtCI tIOhoS w
De Killed, and that 1t was his employe
who hauled the dressed beef away to-
ward Hill City the next morning.
When the evidence for the prosecu-
J was all in, the defendants attorneys
moved that the court instruct the jury
TO bring In a verdict of mot guilty"
They held that the state had failed to
connect the defendant with the taking
OF the cattle from Custer count,, and
that If he had committed any crime 1t
was only that Of receiving stolen prop
ferty in Pennington county. The point
was extensively argued by attorneys on
both sides, and the court refused TO
grant the motion. The defense did not
offer any evidence, and the arguments
followed the ruling Of the court on the
point just alluded to.
Wood opened for the state, Westoyer
and Reynolds both followed in behalf
OF the defendant, and Porter concluded
the argument for the state. The in
structions of the court were brief, but
lucid and pointed. After defningth two
terms, grand and petit larceny, Judge
Gardner stated though the defendant
had not actually assisted In stealing the
cattle, If he had aided or abetted the
theft IN an indirect way he was equally
as guilty AS those who actually commit
ted it. Possession Of the S&SsatN stock,
his honor instructed, VAS not sufficient
evidence or the prisoners guilt, but that
If it was corroborated by other circum-
stances surrounding the case, then it
was sufficient to convict. After explain
ing what constituted a reasonable doubt
the court told the jurors to let con mon
sense guide them in their deliber.
atoms, and then sent them TO the jury
room at 800 p. m. Tuesday. The jury
was out until after nine o'clock Wed.
nesday morning, but a verdict Of guilty
was finally returned.
JAS. Ferguson and Chas. Sheldon,
charged with stealing two head of X. A.
cattle from the range in the eastern part
of Custer county, were tried Wednes.
day, the case being concluded Thursday
morning. The state made out "a very
strong case against the men, proving 10y
one witness that the two defendants
seen on the II. A. range on Friday, the
18th of February, the day the cattle
~ere stolen, ~ another :ha. the .~o
stolen steers were seen in Sheldon's
corral on that day. and that Ferguson
and Sheldon were trying 10 shoot them
down. w. l.. Stanton, a man who was
at one time under arrest for being con-
nected with The crime, turned states
evidence and testified hat Ferguson
had brought to his house at Spokane,
one half of a beef, which he (~Ferguson)
had admitted was a stolen X. A. steer.
Stanton was corroborated BY his wife.
1t was shown that one Of the steers had
escaped from the r~nstlers after it had
been wounded by them in the jaw and
neck. Frank Bender and n. L. Fay
swore to having found the animal dead
on the range several months later, and
t''o thO UNIV hOiOs ih VIC nCCh anu
jaw were visible. Part of the head Of
the animal and q piece Of the hide bear
ing the brand were offered in evidence.
The attorneys for the accused made a
Desperate fight for their .ei clients. but The
defendants. when put upon the stand.
admitted having been in the vicinity of
the X. A. range on the day in question,
but stated that they were looking for
their horses. They did not deny hay
ing killed a beef on that day, but claim
ed that it was a two year old heifer
which belonged to them. Their state
ments were corroborated by a third
party who claimed that he was with the
defendants when the animal was killed.
That evidence, and the attempted i'm
peschments of the states witnesses
constituted the defense. The latter, how
ever, fell rather fat, as the testimony of
the witnesses called did not correspond
with the foundation laid for the i'm
parchment. Strong pleas were made on
both sides and the instructions of the
court were similar to those delivered in
the other cattle cases. The jury went
out OF 1890 o'clock Thursday morning,
and did not find a verdict until ab'u 8
o'clock IN the evening. At that time it
reported that the defendants had been
found guilty as charged in the indict-
ment, but recommended them TO the
mercy Of the court, and suggested that
sentence be suspended during good be-
havior.
A motion for the continuance Of the
case against Chas. Crane, indicted for
grand larceny was argued Wednesday.
Attorneys for the defense produced
afidavits. showing that their most im-
portant witnesses were not here and
, could not be reached before the day Sc,
for trial. The motion was resisted by the
states attorney, but the court deemed il
his duty to grant the continuance on
the showing made.
. Thursday morning Sopher and Davis
t were brought into court for sentence
Their attorneys addressed bis honor in
their behalf, and asked that their youth
be considered and the sentence be made
As light rs possibie. II was nrther re
: quested that the court should not dis
s criminate against the defendant who
{ had plead net guilty and stood .r..i !,
response Judge Gardner stated that b,
believed that the entering of q plea o
= guilty was indication Of genuine repent
= ance on the part Of the criminal. an,
that he had made il q rule to recognize |
by tightening the sentence. He did no
feet justified in departing from the rul,
in these cases and accordingly sentenced
: Ernest w. Sopher to two years %confine
ment at hard labor in the state psni
Tertiary, and Sherman Davis, who hs,
plead guilty was given me year. So
pher seemed indifferent and smile,
when sentence was pronounced. Davi
- took II very seriously. and seemed Il
recognize fully the terrible conss
ID Quences Of his crime.
4 Thursday afternoon all the jurors liv
- ing at u distance were discharged frou
Ill II E--Al