Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-03-29
MUST HANG
CONTINUED from Second Page.l

Cort announced that no other wit
nesses would be called. Others had
been subpoenaed at the DEFENDANTS
request, but doubtless his attorney
decided that they knew nothing
which could In any way affect the
verdict. 1t had been evident from
the first that the defense had absO-
lutely no theory but was cropping in
the dark hoping to catch somestraw
by which the death penalty could be
averted. Mr.. COrt was doing the
best he could, but from the first
there was no possible doubt OF the
guilt of his client and nothing what
ever upon which to base a defense.
The rebuttal was short. Lewis
testified that he had made ne such
agreement with defendant concern
ing the purchase of hay, az the lat
ter had stated; Sam Smith disclaimed
any participation in the crime or
that he had had any opportunity to
coerce Jimmy Calder into making
the statement which he had. Sher-
man was asked concerning the priso-
ner's statement at the time of
arrest that McRea and Allen were in
Miles City, and replied that the de-
fendant had SO alleged and that wit
ness had offered to take the defend
ant to that city for the purpose of
finding McRea, out that he had re-
fused. This closed the cas-
County Attorney Smith opened
the arguments and as he warmed up
to his subject he clearly referred to
salient features of the awful testi-
mony and directed singing blows at
the defendant. While Mr.. Smith had
allowed Col. Nolan to entirely con-
duct the case, ii may be remarked in
passing that to Mr.. Smith Is due the
credit for the entire preparation of
the strong chain of testimony and
the avalanche of facts with which
the defendant was overwhelmed.
After his lahOrs he was indeed glad
to have assistance in presenting them
to the Jury.
MIR. Cort made a fine address to the
jury, dwelling on the weaker points
of the states case There were no
actually weak ones) and surely max
ing the most of the very tiimsy testi-
mony given by his client. Had such
an address been preceded by facts
favoring the defendant, doubtless
the speech would have been very
effective, as it was carefully prepared
and forcefully delivered.
Attorney General Nolan closed for
thestate. His addl ess was listened to
intently, as he arrayed before the
jury the clean-cut and absolutely
convincing testimony of the prose
cution. Looking the defendant
squarely in the eye he related the in
cidents of the tragedy and the subse-
qLent burning Of the bodies, but the
prisoner did not vince. In no I'M
certain tones he impressed upon the
jury their duty to the state as well
al to the defendant and said that
already the prisoner had been treated
with full measure of humanity I'm
allowing the law to take its course.
To the people of Fergus county he
paid a graceful compliment for their
rare forbraranc when such "A crime
as this had been committed, and jeff
Sherman he exalted AS the true citi-
zen-One who, regardless Of per-
sonal business, started i'm immediate
pursuit when he heard OF the crime,
effecting prompt capture and deliver
ing the prisoners into the hands of
the officers. To the public it was
a rare treat to listen Ia such an adj
dress al made by the learned attor-
ney general.
The courts charge was short, i'm
partial, but leaving no loophole, the
instruction being that the verdict
should be murder ia the first degree
or acquittal, and the prisoner had
not long to wait to learn hisfatc, for
s.venty-tive minutes after retiring
the words which sealed the doom Of
one of the most abandoned and un-
feeling murlerers, were read to the
court.
The verdict was as follows:
sin the District Court uf the Tenth
Judicial District, in and for the
County If Fergus; State of Montana
Va. William Calder. DEFENDANT: We,
the jury in the above entitled case,
do find the defendant, William Wal
lace c alder, guilty of murder in the
first degree in II and form as
charged IL the information herein.
g. NJ. Goodell, Foreman"
Court had taken a recess when the
jury went out but the visitors had