Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1896-04-02
CHISOLM mot GUILTY"
Acquitted After Seven Days Trial.
Jury Out Twelve Hours.
The Defense Greatly Strengthcd Since the
First Trial. Report Of Other
Court Proceedings.

The trial of Alexander ChisOlm for
the murder of Robert Somers engaged
the exclusive attention of the district
court from Tuesday morning of last
week until late Tuesday evening, last
ing seven days. As the great mass of
the evidence was not materially diff
ferent from that offered at the first
trial and eXhaustively reported in
shall give ,ne testimony riutie arten-
ton except where it developed new
facts or threw more light upon the
cause of death of the deceased
The only new testimony of cOnsc-
quence which the state offered was
that of Il. l.. Bnrke who stated that
on the morning of the death of Somers
he met Chisolm and the latter, i'm the
course of conversation, said that
Bob had sold the mine and il he
The cross examination consisted of
the reading OF testimony given by
the same witness at the first trial
and attempting to break the effect of
the latter statements. but without
apparent result. Several minor
points i'm the states case were
strengthened and but for the utter
breaking down of the expert testi-
mony given by DIR. Monahan. the
state had presented a. much stronger
ease. DR.. Monaban testified materi-
ally as before, but it was evident aus
soon as Attorney Huntoon began
the cross examination that he was
prepared to assail the weak points
and destroy the effect OF testimony,
| which ut the first trial was the hard
est he defense had to combat. With
DIR. Lindsey at his side the attorney
quoted authorities which contra
tlicted the witness and asked ques-
tiOns which entanglcd the witness so
that thclatter was compelled to- with
draw several statements and the
damaging effect of the evidence was
completely parried-
The defense offered considerable
new testimony, strengthening their
ease at every point and evincing
much study and labor on the part oi
the attorneys, especially Mr.. Hun
toon. The testimony of Drs. Lind
sey and Stone cOntradicted Drs.
Monahan and Long and substan-
tiatcd the theory of the defense,
James Fisher, Nichols, and Thomas
Merryfield, who We're members of the
coroncr's jury and had examined the
mine at the time of the inquest. ties,
tilted that they had examined the
mine ON the 18th inst. and that the
shaft had been tampered with since
the former date. That mt the inquest
they had noted a blast hole about
six inches deep i'm the ledge of rOcI
at the foot of the shaft, which hole
appeared as though a premature dis
charge had issued therefrom and that
the collar of the hole had been chippef
off by that discharge. That at theil
last examination they noted thai
a slab of rock. fifteen inches long
six inches wide and five inches deep
had been removed and at that tim
no such hole was tn he found. The,
also testified that the blood whicl
they had seen on the face of the shat
at the time of the inquest, had beel
scraped off. The two former of thes
witnesses were subppnaed for tn
first trial. but, being on the Missouri
river. did not arrive until too lat
To testify. The cross examination
failed to shake the testimony al
though witnesses for the prosecution
contradicted the statement i'm toto
The visit of the jury tn the mine
though moved by the prosecution.
said to have helped the defense.
Tuesday morning the taking {
testimony was confined, the defenr