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

ctTIlnk OlOOuy tldiIS, CIV
A point brought out in the exam
nation of witness Sherman was that
when arrested by him James Calder
and Fisher confessed that McRea and
Allen had been killed, while Billy
Calder maintained they were alive
and in Miles City.
Saturday morning c. A. Ridell and
r. T.. Nichols, former and present
tailor and custodian OF the bones
and debris found in the Mussellshell,
were called for identification of the
same, and DIR. G. A. Hogan put on
as an expert concerning the bones.
This testimony, while of much i'm
p~ortance, was most uninteresting to
the hearers.
BY permission Of the state, James
Calder was recalled for further cross
examination by Mr.. Cort. The
questions concerned the number and
character OF different statements
made by him and as to whether he
had been offered any inducement by
the county attorney or sheriff to
testify as he had upon the stand.
While Calder acknowledged having
made three different statements at
five different times, he stated that
the first four were made to Sherman,
Waite and County Attorney Smith,
but all while he was under the in
fluence of Fisher, with whom he had
been incarcerated. Witness stated
no inducement had been offered him
to testify for the state.
After a little testimony from Sher-
man and ex-Sheriff Waite concerning
the watch found on accused and be-
longing to McRea and regarding the
letter handed Sherman by young
Calder, the state rested.
Attorney Cort here made the usual
motion for the instruction Of the
jury to bring in a verdict for defend
ant, which was promptly overruled.
The defendant la then placed on
the stand in his own behalf.
Before the prisoner had proceeded
far it became very apparent that he
had committed to memory a story,
and each interruption by his own
attorney or by Attorney General
Nolan made 1t more difficult for the
witness to proceed. Being asked
whether he knew anything about the
death of McRea or Allen, he said that
he did not, but had no doubt that
they were dead from the testimony
adduced, and at this point and in
other portions Of his narrative en-
deavored to leave the Impression
that Sam Smith had probably killed
, the men. The narrative was almost
precisely the same AZ given by his
brother in all respects except MS TO
the actual killing, and of this he dis
claimed any knowledge, alleging
that McRea had engaged, the three
boys to drive the sheep to Forsyth
and that Mcltea and Allen were to
have gone to Miles City, stealing 300
sheep while en- ronte, and that at the
latter point they were to meet the
boys, when the latter would he given
property valued at $500 which was
to inclnde about Is tons OF hay, a
wagon, team, harness and some sup
plies. He knew nothing of the burn
ing of bodies at the Musselshell, nor
aught regarding the present where
abouts of the men, except, as stated
before, he believed from the evidence
that they were dead. In his desire
to so relate his story as to leave the
impression with the jury that he
told the truth he strained to give a
complete description of the move
ments, scenery, at what hour they
had eaten and what constituted
their bill of fare on this trip with the
sheep. Prosecutor Nolan finally
grew wear and the witness was
compelled to confine himself to Incl
dents actually concerning the case in
hand. Regarding the horses taken
with them, witness stated McRea
had three horses belonging to a man
by the name Of Oliver Twist, who
had disappeared from that section
last spring and supposedly been
drowned. This was the witness
only reference to bones or remains of
a human being. Dickens famous
character was surely dead. He
acknowledged writing the letter
from Forsyth, which had been offered
in evidence, hut his explanation was
very much mixed. Altogether it
would have been better for himself
had he not gone upon the stand, az
his tale was most clearly a carefully
prepared one and M Astounding in
Inconsistencies and falsehoOds.
When Attorney General Nolan got
hold OF him after dinner he found
he had a difficult man to handle.
Witness was very cute, attempted to
fence with the attorney, and finally
the court was compelled to admonish
him to confine his evidence to the
answering ofquestions. Consistency
was thrown to the winds n the
prosecutor made him appear very
ridiculous, especially in his deal with
McRea for the driving of the sheep
and the accepting Of the mans per
sonal property IN payment for such
services. As his statements on direct
examination were so utterly un'
reasonable, it was difficult for Mr.
Nolan to make them appear any
more so and the cross-examinatlor
did not long continue. However, ht
now made the direct statement tina,
he believed Sam Smith had killed tn
men after the boys had left with TIT
sheep and for the purpose OF throw
ing the blame on witness and getting
rid of him thereby. Even this start
ling statement failed to make any
impression on the jury or hearers, al
it was entirely unsupported an'
without reason
Much to the surprise OF all MIR