The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-22
IN THE SECOND DEGREE
Charles Sheppard Found Guilty
of Murder by a Jury.
THE KILLING OF BENSON
After Trial Lasting Five Days the Case
Was Given to the Jury and q
Verdict Was Reached in
Three Hours.

Charles Sheppard has been found
guilty of murder in the second degree
by jury of his peers. The jury
brought in it's verdict at 2:45 o'clock
yesterday afternoon, after being out
about three hours.
County Attorney Duffy made the
closing argument for the state yester-
day morning. At the conclusion of Mr..
Duffy's address the court charged the
jury with instructions concerning the
law. and the evidence. At about 1laHl
the jury sent a request to thefeeurs
that they be allowed to hear read by
the stenographer from his notes the
testimony given by the witnesses Mos
mer and Erickson. Both of these We're
witnesses for the state, and Mr.. Walsh
opposed the granting of the request.
The request was therefore denied and
the jury returned to the jury room to
deliberate further.
At 2:30 o'clock the court was informed
that the jury was ready to return into
court with its verdict. Mr.. Walsh was
sent for, and at 2:45 o'clock the ver-
dict was handed in and read by the
clerk. The verdict finds the defendant
guilty of murder in the second degree.
Mr.. Walsh asked that the jury be
polled, and each man answered Yes"
as his name was called.
The verdict left the punishment to be
fixed by the court. The penalty for
murder in the second degree is any
period of time from 10 years to life.
The penalty cannot be less than 10
years.
The jury which tried the case is as
follows: J. c. Keppler. joseph Sladich,
d. c. Scott, John Patterson, l.. H. Ca
hoon Mat Hartz, Jesse Roode. John
Hoeft Joseph Munson, Nose Riberdie.
w. Fl. Weaver and Hugh Gallagher.
During the trial Sheppard has taken
keen interest in all that has taken
place. At no time did he appear to be
much concerned as to the outcome of
the trial, and when the jury brought
in the verdict which found him guilty,
he remained in the same attitude as he
had during all the days of the trial.
The crime for which Shernard stands
convicted was the killing of John Ben
son at Deer Lodge some time Between
Oct. 81 and Nov. 6, upon which latter
date the body of Benson was found in
the Deer Lodge river about 10 feet from
the south bank and about six feet west
of the railroad bridge. The evidence
upon which Sheppard was convicted is
purely circumstantial, the principal
witness for the state being Ike B. Shell
don, whose testimony was to the effect
that he had seen Sheppard poking into
the river with a long pole and after 3
wards met him with his shoes, and
trousers wet. 1t is presumed that if
Shenpard was really poking something
in the river. it was the body of Benson.
The commission of the crime itself is
presumed to have occurred on the rail-
road bridge, and that Benson's death
was due to a blow on the back of the
head. delivered by a club in the hands
of Sheppard.
The prosecution of the case was con-
Quoted by County ATTORNEY Duffy and
Assistant County Attorney John n.
Casey. Sheppard was represented by
c. J. Walsh, under appointment by tbs
court. Mr.. Walsh made a most stub
born defense FOR Sheppard. He sue
ceeded in having excluded from the.
testimony three alleged confessions.
claimed to have been made by Shep
pard to Judge w. l.. Powell Constable
Dave Sheffield and Deputy Sheriff T. A.
Johnson. These witnesses testimony
was exceedingly damaging to the de-
PENDANT, and but for the fact that Mr..
Walsh succeeded in having it thrown
out. it is believed by everybody who
heard the trial. that Sheppard would
have been found guilty of the crime
charged in the nformation-murder in
the first degree
The legal battle between Mr. Walsh
and Mr.. Duffy as to the admissiblity
or the inadmissibility of these confess
sions was waged fiercely and sharply.
Both sides reinforced their contentious
with innumerable authorities. and these
arguments took up most of the time of
the trial. the Introduction of testimony
requiring only about two and half
DAYS.
1t is probable that the case will be
carried to the supreme court by Mr..
Walsh on several grounds the princi-
pal one, briefly stated. being that the
testimony introduced by the state con-
corning the cause of Benson's death
was insufficient.