Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-05-02
Justice Miscarries and a Cold Blood
ed Murderer is Allowed to
Go Free.
REPORT ALMOST BEYOND BELIEF
jimmy, the Murderer, Traitor, Liar
and Acrobat, Got Six
Years.

William Calder hanged; James
Fisher discharged and James Calder
sentenced to six years Imprisonment
Is the net result OF the numbering Of
Frrquhar McRea and John Allen on
the Musselshell river September "A,
1898.
How any jury could have acquit-
ted Fisher Is something which no one
in Fergus county can understand ex-
cept his attorney, but the following
named residents of Choteau county
did exactly that: j. w. Strupel, j.
A. Canon, Vincent Pauly, +. NJ.
Pugsley, Jas. Griffin, Jesse Bingham,
Hermann May, Conrad Kulage, c. F.
Hofeldt, Jno. hubert, Julius L. Balm
and Detlef Ruhe.
When the news reached Lewistown
and was posted in the ARGUS win
dow, it was generally looked upon
as fake or a mistake, people could
not believe that any twelve men
would turn him loose to commit an
other such dastardly crime. Sheriff
Shaw could not and would not be-
lisve the report without corrobora-
tion and wired Sheriff Clary, OF Cho-
teau, county for confirmation. Not
until he received reply. stating that
Fisher had been acquitted, would he
admit the report to be true.
Only an error in charging the jury
on the first trial had. saved Fishers
life; those acquainted with the crime
and who heard the testimony were
practically unanimous In believing
Fisher guilty of killing Allen, or at
least a party to 1t; the supreme court
had expressed it's belief In his gnilt;
the case had been transferred to Cho-
teau county where convictions had
been the rule for some time, and
yet the wretch was allowed to pass
out Ol court n Tree man.
As one gentleman said who re-
turned from Benton late in the week:
"All | can say is that the marerial
which was offered for iurymsn was
not Of the character to convict any
man. The state exhausted all its
challenges in Kidding the jury box Of
incompetent or prejudiced men and
yet what did they have left. II that
set of men who appeared in court as
trial jurors was sample Of Choteau
county citizenship, 1t 10 wonder
anybody is ever convicted In that
county"
Twelve men could hardly have
been gathered I'm Fergus county who
would have acquitted the criminal.
That IA verdict OF murder in the first
degree was not reached was no sur
prise for after Jimmy Calder, the self
acknowledged liar who, according
to his last version had so cruelty
falsiAed to secure his own brothers
conviction, had turned completely
around and said Billy killed both
men, such q result could hardly have
been anticipated, but that Fisher
should be held blameless was beyond
comprehension.
The case presented against Fisher
was admitted to be weaker I'm some
respects than on his first trial, but
yet 1t was stronger In other particu-
lars. While Jim Calder proved a
witness for the defense instead Of the
state. II. Whitney testified to meet.
ing the two Calder boys on the
bench on that fatal afternoon and
while he talked with them Fisher
came up over the hill. This exactly
agreed with the states theory and
Calder's arst story, which wns that
he and his brother remained on the
hill while Fisher went to kill Allen.
II. ID. Peasnell, Of Billings, also testi-
fled that he saw Fisher shortly be-
fore the latter went to the Mussrl.
shell to join the Calder boys, AT
which tine Fisher told him that he
expected to make u lot OF money and
that when nhereturned be ard Peasnell
would go to Butte and have big
time. Peasnell was a piano player
in sporting house In Billings Mt the
time Of the alleged conversation.
From one Of the witnesses we learn
that to any one who had heard
James Calder testify on the former
trial and then Mt Benton, IL was
plainly apparent that he was lying
In the latter instance. When on the
stand in Lewistown he told a straight
story and lawyers sharp question.
ing could not confuse him, but at
Benton he became 80 entangled in his
own falslfyin that il was positively
painful to watch him try toex xtrlca te
himself and frequently he would take
Gas SToRIA.
A. a a.. A.