The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-25
ANACONDA news.
IMPRISONMENT FOR LIFE
Court Pronounces Sentence Upon
Charles Sheppard.
CASE WILL BE APPEALED
9, j. Walsh, Sheppard's Attorney, Now
Preparing Briefs Upon Which the
Matter Will Be Taken to
the Supreme Court.

rs In the district court yesterday morning
Judge Napton sentenced Charles Shep-
spard to serve a life sentence in the states
prison. Sheppard is the man who was
convicted of murder in the second degree
last Saturday by a jury. The crime Of
which he was found guilty was the kill
ing of John Benson. The murder was
done at Deer Lodge on some date between
sOct. 81 and Nov. 6 of last year. The tes-
timony went to show that Benson was
last seen alive on Oct. 81 and his body
was found in the Deer Lodge river, just
west of the railroad bridge, on Nov g..
n The supposition is that Sheppard and
Benson got into fight on the bridge and
that Sheppard struck him with club and
knocked him off the trestle into the river.
This was not shown to be a fact in the
testimony, however, nor did it appear just
how Benson 1ied-whether by a fall or by
being hit with stick. The physician who
performed a partial autopsy on Benson's
body did not examine the brain and con-
sequently could not say whether the de-
ceased came to his death from conclusion
or otherwise.
Both Sheppard and Benson were sec
tion men employed in the same crew. The
motive for the crime appeared from the
testimony to be either robbery or re-
venge. Benson is said to have had a
small amount of money when he was last
seen alive, and when his clothing was
searched after death no money was
found. The theory of revenge is drawn
from the statement that Benson told
Sheppard several times to keep away
from him. as he did not want to have
p1ytt, iy,er To In uyifh md n
have little use for Sheppard.
The jury in the case, when returning it's
verdict on Saturday, left the punishment
to be fixed by the court. In accordance
with that verdict, Judge. Napton yester-
day pronounced the sentence, which was
that Sheppard be imprisoned in the state
prison during his lifetime. N
c. j. Walsh, the attorney appointed by
the court to defend Sheppard, is now busy
preparing his briefs and papers with the
view to appealing the case to the supreme
court. The main grounds for appeal Will
be that the corpus deficit, which means
the essence of the crime, or the crime it
self, was not established by the evidence
produced by the state. Other matters will
of course be also included in the appeal
It is likely that one or the strongest
points to be made is the fact that the jury
was permitted to hear the evidence given
by Judge w. L. Powell and Constable Dave
Sheffield two witnesses for the state, who
testified that Sheppard had made con-
fession of his guilt to them just, subse-
quent to his arrest. There was another
witness, ex-Deputy Sheriff j. A. Johnson,
who also claimed to have heard a confess
sion from Sheppard, but the court ex-
.cluded the jurors from the room when this
testimony was being given, and after
hearing it refused to permit it to go be-
fore the jury. On these points. therefore,
and others of lesser Importance Mr.
Walsh will go before the supreme court
and ask that the verdict be set aside and
the defendant given a new trial
Mr.. Walsh yesterday served notice on
County Attorney Duffy of a motion for
new trial. The essential part OF the no.
tice is as follows:
RI. please take notice that the defendant
intends to move the court for a new trial
In this case, upon the following grounds.
viz:
Il "First-That the verdict in this case is
contrary to the evidence.
! "Second-That the verdict in this case
is contrary to law.
$ '"Third-Because of new evidence dis
covered material to the defendant. and
which he could not, with reasonable dill
gence have discovered and produced at
the trial.
= "Fourth-On account of errors of law
occurring at the trial and excepted to by
@the defendant.
SS "Ffth-There are other grounds for new
trial than the foregoing