Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-05-24
LITTLE HOPE FOR NEW TRIALS.
For the Convicted Murderers Calder and
Fisher .--0ther Court Business.

WI ~ UP ~
Jury, after which the statement OF
the proceedings of the court in the
trial and conviction OF James Eli
Fisher, filed by Attorney Blackford,
i'm connection with a motion for a
new trial, was settled, the court
causing several alterations in the
text. Fisher was present during the
proceedings.
At the opening of court the Judge
forever settled the privileges of the
public concerning their relations to
the convicted murderers and In no
uncertain language made it plain to
the sheriff that the admission of visi-
tors, Of all ages and both sexes, to
the prison where the men were con-
fined awaiting execution, was neither
in nccOrd with the spirit Of the law
nor with the wishes Of the court.
While disclaiming any desire of cen
surfing the sheriff, remarking that he
believed the error had been caused
through desire to be lenient with the
prisoners and accommodating to
visitors and without a proper con-
ception OF the dangers, the court
nevertheless made his remarks so
pointed and so clearly drew the line
M to the law and custom in such
eases, that 1t is doubtful ii either
Calder or Fisher will see any visitors,
possibly excepting their lawyers or n
minister or priest, until they face the
witnesses of n new trial or OF the
execution. Not only the sherifi's
lenicnry, but also the great risks
parents took in allowing their
children 10 frequent such places and
the moral condition Of people who
would make heroes OF mnrderersc con-
demned to die, came in for comment.
The following cases have been dis
posed OF, up to Wednesday morning:
VIM. Aitchison, ct al, vs.. Martin
Maginnis; dismissed on motion OF
plaintiffs attorney.
Hiram Astel w. Robert Sharp ct
al; continued by consent.
Thos. L. Burke vs.. Robt. L. Ham
ilton; continued by consent.
JAS. Sheridan vs.. Jas Mitchell; dis.
missed On motion of plaintiffs attor-
nry.
Frank f. Wright VS.. Royal b.
Matthews; continued by consent.
l.. G.. Phelps ct al vs.. Royal b.
Matthews; continued by consent.
Power Mercantile TO-, vs.. Hugh
Green; dismissed on motion ofplaiut-
ifs attorney.
Montana Hard ware ca. vs.. W. q.
Norman; dismissed by consent.
State w. Peter TiIlman. assault
with intent To commit rape; trial
and verdict OF guilty returned, pen
ulty being fixed at one year in the
penitentiary.
State W. John O. McGinn. grand
larceny; acquitted by jury. This in
dictment was returned by the grand
jury at the last term.
The trial of Odilon Ouelette for the
murder Of John Wills was set for
this morning, but has been cor
tinued until next term.
Tuesday evening the court took up
the motion of Attorney Blackford
for n new trial in the Fisher murder
case and upwards of two hours were
spent in listening to arguments.
While Attorney BlackfOrd had many
exceptions upon which he based his
motion, he seemed to rely IN three
points. First was the sitting of b.
F. L.epper AZ n juror in the case. II
will be remembered that Mr.. Lepper
was the last Juror secured and Mr..
Blackboard having exhausted his per-
emptory challenges, sought to have
Mr.. Lepper excused for cause, on the
ground that the talesmen said that
he had talked with a witness and had
formed nm opinion, tho not such an
opinion az would prejudice him in
the consideration of the testimony.
The court refused to grant Lepper's
dismissal and he continued on the
Jury. The second important point
was the refusal Of the Court to give
to the jury certain instructions which
had been prepared, the most impor-
tant of which was: you are in
structed that all evidence admitted
in this case relating to the taking OF
McRea's sheep and carrying off and
burning the bodies Of McRea and
Allen goes to the jury only as a
matter for purpose alone of showing
motive on the part of the accused to
commit the crime charged in the In
formation and you have nothing to
do with this evidence except for that
purpose" Upon this offered instruc-
the court had noted: Refused for
among other reasons that the testi.
mony OF the burning OF the bodies
IL introduced to prove the death oil
Allen" Upon the propriety OF this
.-. Az. n1anlfarI n, n1A ntffa