The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-06-28
TWO SENTENCES PRONOUNCED
IN COURT YESTERDAY.
MISS BROWN HISTORICAL
w. K. sudduth. Loses His Damage
Suit Against John w.
Newton.

Yesterday proved an interesting
and busy day in the district court.
Two sentences were pronounced and
one case finally terminated. Owing
to the nature of the which were
but recently tried and in which the
sentences were to be pronounced
the sessions were largely attended
throughout the entire day.
About the first matter taken up
when court convened in the morning
was the passing of sentence upon
Seth Dix, who was convicted of muir
der in the second degree. In pro-
nouncing sentence Judge Loud said:
"In this ease the jury was fully in
manslaughter. In a S where the
defendant is charged with a crime
such as in this case, and sets up the
defense of self-defense, he is charged
and held to be a reasonable man
The law imposes that duty upon him,
to act under the circumstances
which appear to him as a reasonable
man.
"This issue was fully presented to
the jury under the instructions of
the court. The jury found that the
defendant did not act as a reason
able man should under the circum-
stances which appeared to him;
otherwise they must have found him
4 guilty Of the crime of manslaughter,
if anything. The jury has made the
finding that you are guilty of the
crime of murder in the second de-
gree and that you were not justified
in taking the life Of Ben Davis.
.The penalty provided by statute
Iii nthis case is not less than ten
years, which punishment could be
extended to a life sentence. The
court in fixing the punishment in
this case will not give you the max.
imum sentence but, under all Of the
circumstances of the case, it appears
to the court that you are not entitled
to receive the minimum punishment.
sUnder our law for the first five
Years OF Imprisonment, If a prisoner
earns all Of the good time which he
is entitled to under the statute, the
!, sentence would be equivalent to
three years and nine months. After
the end Of five years, provided the
prisoner earns his good time, he
would be required to serve six
months of each year. E
, "The judgment of the court in
this case is that you be imprisoned
. in the states prison at Deer Lodge
for the period Of 80 years and pay
the costs Of this prosecution. You
are now remanded to the custody OF
the sheriff to execute the judgment
OF the court"
Two o'clock in the afternoon was
the time set for pronouncing sen.
tence in the ase Of Myrtle Brown,
convicted of assault in the second de
gree, but as the court was occupied
with the case Of Sudduth VS.. Newton
until after that time it was about
$3.50 before the court pronounced
Judgment.
The defendant came into the court
room at 2 o'clock her face wreathed
in smiles, but before she had been
there an hour she was sobbing as
though her heart would break. She
listened for about half an hour to
the case that was being tried at that
time, but oon after began to grow
nervous and then when the case was
given to the jury burst into sobbing
well knowing that the time for her
sentence vas at hand. So hysterical
did she become that she had to be
led from the court room. Court then
took a recess for Is minutes when
the prisoner was brought back.
. Instead of standing while sentence
was being passed the m was per
mitted to occupy a seat just below
the bench. The court reviewed the
case against her and then asked il
she had any reason to offer why sen
tence should not be pronounced al
that time. w. M. Johnston attorney
for the defendant addressed the
court speaking Of his clients conduct
since she had been a resident Of tn.
city. saying that it had been good
He also recited the fact of having
corrresponded with the chief OF pc
lice at West Superior. Wis, where
the defendant resided previous t.
coming to Billings, and that her con
duct was good, she neve having
been guilty Of any breach Of conduct