Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-03-14
POWER MERCANTILE COMPANY.

legal reason. IL has been my unpleasant
and unfortunate duty since have been
on the bench to sentence good many men
to be hung-more than | wish IL had been
therefore, l have necessarily thought n
good deal of what is humanity and what
is not humanity under the circumstances,
and do not believe, to give man who is
under sentence OF death, as you are, a
long time to live-a comparatively long
time TO live-is any kindness to him at all.
He knows that he must die. and believe
that the shorter the time 10 the better il is
Tor him and the better for the state. View
ing il in that light-a kindness TO you'll
hive made the time very short.
Then the court passed the formal part
OF the sentence AS follows:
Whereas, You the said William Calder,
having been duly convicted in this court OF
the crime OF murder in the first degree
Thereupon, In acsordance:with sections
225i, 2325, 227S and 1897. Penal Code
Of the state OF the Montana, il is ordered,
ndiudgcd and de;resd that you. William
Wallace Calder, be taken to the county
Jail OF Fergus county. Montana, and there
be kept by the sheriff oisaid Fergus county
until Friday. the 10th day OF March. A. d.
1900, and that upon that day, between the
hours Of O'Clock 10 the forenoon and 8
o'clock in the afternoon OF that day you
be taken thence to some suitable and pri.
vate enclosure to be provided by the
sheriff, as near the said Jail as possible,
and that you then and there be hanged by
the neck until you shall be dead, dead, dead.
And may God have mercy on your soul!
Immediately alter Billy was removed the
sheriff brought up Jimmy Calder. The
young murderer looked rather pale and his
lips trembled nervously. but his eye hardly
tnched as he listened to not only the for
nal proceedings OF arrsignment, but also
the most severe scorcbing which has ever
been delivered from the bench In this coun-
ty. The court cited the iact that when
Jimmy agreed with the authorities to tell
the truth about the murder OF McRea
aud Allen and testify on behalf OF the state
IN the Iormer trials, which resulted in the
conviction oi his elder brother and Fisher,
counsel, with the courts consent, bad
agreed that he should be allowed to plead
guilty to IA lesser offense than mur.
der In the first degree and receive a
sentence 81 not TO exceed two years. The
report that Jimmy had since changed his
mind and would testify that Billy killed
both men, alleging in explanation Of his
former statement that he had been coerced
by the attorneys for the state and his own
attorney, prompted tho court to say that
such step on his part had absolved the
state from keeping it's part OF such agree
ment and therefore he would he placed on
trial Tor his lie and compelled TO take the
same chances as his brother and Fisher.
For tue one Who had advised Jimmy to
change his story and epdanger his life, the
court had the most severe condem alton
and II the party was then within hearing
he must have WINGED. Further the court
said that should Calder for any reason be
acquitted he would be placed on trial for
perjury, which, considering such ialsiiying
bad resulted in one or both men being
convicted, would result in long term. +.
VonTobel was allowed to withdraw as coun-
sci, the client having broken the agreement
with him. and f.. X. Cheadle was substi-
tuted, the prisoner making the choice.
Murderer Howell WAS then ushered onto
lhe stage and formally plead mot guilty"
He also Was handcuffed.
In the Fisher case no step has been taken,
the remittur not having arrived from
Helena. IL has been agreed, however, that
change of venue will be granted and both
the Fisher and Calder cases sent to another
county Tor trial. This will probably be
Choteau. though the order has not yet been
made. Judge Leslie will occupy the bench.