Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-03-28
HOWELL MUST HANG.
Continued from first page,

W AlbcTlu, Ntcb w
northward to Q%uesnelle Forks, where
he was found, his alias being sam
Bean"
Altogether the defendant made a
very poor witness for himself anu
being practically the only one on
material points, his case was utterly
lost when he left the stand
FAT QUINN.
Quinn was recalled and testified TO
Rolling having asked him To stay
and help irrigate the summer oil $685.
witness replying that he would not
as he feared trouble, 10 which o
ling had said, IF Howell makes any
trouble, I'll kill the ---. On
cross-examiuation it developed that
mt the time this conversation was
alleged to have taken place both
Rolling and Howell were employer
by Moule.
This closed the east for the defense.
Witnesses Moule and Hogan were
called in rebuttal, thciurmcro ON minor
points only. DR.. Hogan testified rs
TO finding on Rozling'S shoulder Il
wound of evident recent infection ana
having the appearance otb9ing maze
by n blunt instrument.
At the evening session Thursday
Attorney General Nolan opened the
arguments in "A very able speech. lie
dwelt particularly upon thefact that
both shots were in the back, while
the defendant had said he fired but
one and that while liuzl!ngfaccd him;
his ridiculo OF the plea made that
Howell did not know II man could
testify in his own behalf was very
severe He said the defense had evi-
IDENTIFY not determined upon n defense
until the last moment ana IL Was
difficult at this time essay upon whai
they relied, s,lt-dci,nsc, insanity oi
the accidental discharge Ui the gun,
He compared the testimony oil The
witnesses thoroughly, emphasized
Halbcrt's statement that Howell wn'
of a vindictivs disposition ana cluseo
with n terrible Characterization q
the accused AZ one who had sneaket
upon his enemy, laid in ambush ant
made an attack from behind.
Friday morning Attorney Cort nd
dressed the jury for one hour anf
thirty minutes. BY every argumeD'
as his command, based upon the ex
ceedingly weak defense, he sought t.
cast doubt upon the story as told by
the witnesses for the state, his appar
ent hope being only to secure n con
victiun for n lesser crime than muir
der In the first degree. Upon th'
point that the nan was shot in tn,
back, hesaid RozliEgdUubtless turned
rs he saw Howell turn to use hi
weapon. OF the footprints he snit
the scene was covered with waite
and sought to entirely dispose u
Lamson and his damaging testimony
Rozling'~ apparent hatred "A mad
the most uf and heinquired why SOM
testimony had not been offered Il
prove that Rolling did not have I
gun on the fatal morning. As his at
torney closed n fervcnt pleafOrjustic,
tempered with mercy, tears Howe,
down Howell's cheeks, hut he suoI
regained control Of himself.
The final argument was delivered
shortly before noon, Col. Nolan TAX
ing up each point dwelt upon by Mr.
Cort and either tearing 1t apart %
Diminishing it with ridicule. Hemad
"A beautiful word picture Of Montana
and her love Of justice and asked tn
jurymen to deal justly with the stat
az well as merely with the prisone
at bar. His closing was strong AM
indeed many who heard himsaid tina
the delivery OF the last ten minute
was his besteifortin this county. ii
made no attempt u reach the syn
pathies Of the jury on account of tn
widow and children aud neither iii
he upbraid the prisoner as severed
as the night before.
The judges charge defined bot
degrees OF murder aud manslaughtl
and was one Of the longest charge
given to n jury in this court. BY II
wording neither the state Or the d,
Tense was favored.
The jury Immediately went to dir
ner and ut $50 brought in their We
diet, murder in thctirst degree. Upo
the first ballot. the vote stood ten f.
conviction and two for second d
gree, these being impellrd to vot
thus merely SO as To save the deient
ants execution. The second ballC
was nine to three, tho third an
fourth eleven To one aud the fit
unanimous for conviction. A.
Greene was foreman.
The prisoner bore the verdict wit
out Il tremor.
Saturday evening he wns brougl
into court and received sentence. Il
following being the words Of Il
court and the murderer:
Judge. Milton Oliver IIoNell, stand u
On the 9th day OF March, 1900, the conn
attorney OF Fergus county, Muntunu. tl
an information against you charging v,
with the crime Of murder in the first degr,
in that you did murder one Thomas Rc
ling in the county Of Fer US on the %
day OF July, 1898; you wereduly ]arraign,
and on March II, 1900. you plead NJ
,nfltu o.. thia oh ruas IN Mach DV Ian