Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-03-29
TRIAL OF FISHER.

TRIAL OF FISHER.
Saturday afternoon the court had
instructed the issuance of n special
venire for sixty jurors and immedi-
ately Sheriff Shaw sent men scurry-
ing about the coudty, with the re-
suit that Monday some thirty had
already appeared and others came i'm
during the day, some from as fardis-
tant points as Grass Range and
STANFORD.
The work Of securing a jury was
commenced Monday morning and
completed about four p. NJ, the fol-
lowing being sworn to try the case:
William Blackburn, herder;
ID. A. Carlyle, stockraiser;
Robert Dunsmore, laborer;
John Ferguson, ranchman;
Jesse McHugh, ranchman;
u. b. Goodrich, ranchman;
John Brooks, Ubet, ranchman;
WIN. SHELTON, s~tockraiser;
Edgar Hamilton, s~tOckraiser;
II. e. James, ranchman;
b. +. Lepper, woolgrower;
Jesse Clark, rauchman.
The state had challenged but one
man, Frank Hartzell, while the de-
fense had exercised its full number OF
pereinptory challenges, discharging:
ID. l.. Tyler, G. Nj. Belden, W. G.
kruse, Ole Vinger, w. b. Shell,
Frank Pick, Robt. SHELTON, ID. l..
Shafer, Carl Erickson, Pat Mill.
Two of the accepted men, III. G..
James and Edgar Hamilton, had
been discharged from the box on tho
former trial by Calder's attorney,
but they seemed to he entirely salts
factory to Attorney Blackford, who
represented the interest Of defendant
Fisher.
County Attorney Smith made a
brief statement I'm opening, outlining
the testimony which would be intro
duced, and the taking of testimony
proceeded.
The witnesses called were the same
as in the Calder case, the DEFENDANTS
excepted, and the testimony exactly
the same, except in unimportant de-
tails. Therefore this needs no reiter-
alton here.
James Calder repeated his evidence
as given against his brother, William,
only adding one statement, to the
effect that Fisher took the laces from
McRea's shoes and they were now i'm
the defendants shoes i'm the jail.
The shoes were placed in evidence.
Attorney Blackford conducted a
rigid cross examination but did not
succeed in materially breaking the
damaging facts elected.
Attorney General Nolan again
took the leading part for the state
and left no stone unturned to make
the strongest possible case against
Fisher rs the murderer of Allen.
To the testimony of defendant was
attached the greatest interest. He
proved an admirable witness, telling
his story clearly and In a manner
which without doubt made a deep
and favorable impression In the
minds of the jurors. He admitted
the meeting with the Calder boys,
admitted going to the Smith ranch
for a hunt, the trip ostensibly for
hunting deer but really for the CON-
mission of murder, Billy Calder un-
folding his scheme for the making
OF money" after the boys had left the
Smith ranch on the afternoon Of the
24th Of September; he admitted as
sisting in loading the bodies in the
wagon on Sunday morning, the sub
sequent drive to the Musselshell
where the bodies were burned, the
trip toward Forsyth and the incl
dents Of the capture. In fact his
statement agreed with that ofJames
Calder except AZ to the actual killing
OF McRea and Allen. Defendant
claimed that neither he nor James
Calder had any part In the killing OF
these men; that Billy killed both and
while the other boys were at some
distance, stationed in a coulee to
watch that no one approached; that
Billy also dragged the bodies from
where they were killed to the point
where they were cached in the old
chimney place wrapped in a tarpau-
lin, and that neither he nor James
ever saw the bodies, though they
assisted In loading this bundle In the
wagon and its subsequent burning.
All this defendant claimed that
both he and James Calder had done
through fear Of Billy as expressed by
word and action and that ii was the
intention of defendant and James
Calder to report the affair to the
authorities as soon as Forsyth was
reached. As an explanation OF why
he did not accept one OF the many
opportunities il appeared had been
given him To escape, both before and
after the commission of the crime,
he stated that he was a stranger In
the country, knew nothing of the
roads or directions and no neighbors
but Smith, Lewis and Messenger,
none vi whom were far enough away