Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-11-20

Milton o. Howell, the murderer OF
Thomas Rolling, was sentenced to
suffer the death penalty, by Judge
Cheadle, In the district court last Fri
day morning.
A iair-sized crowd had gathered to
hear the sentence passed and at FIVE
minutes after ten o'clock Sheriff
Shaw pushed back the. folding doors
and Howell entered the court room,
followed by the jailer, sheriff and his
counsel, w. Z. Cort.
He was pale and somewhat enact
ated from his long Imprisonment in
the county Jail. but walked to his
seat within the bar OF the court
without any unusual show OF nerv-
business.
When quiet was restored in the
court room, the judge commanded
the prisoner to stand up and read
the order as follows:
BE it remembered that:
WHEREAS, On the 9TH day OF
March, A. d., 1900, an information
was filed In the district court OF the
tenth judicial district OF the state OF
Montana, in and for the county OF
Fergus in the above entitled cause,
charging the defendant, Milton Oliver
Howell, with the crime of murder in
the first degree; and on the 10th day
OF March, A. D., 1900 the said defend
ant was duly arraigned, and on the
18th day Of March, A. D., 1900. plead
ed not guilty; and by twelve good
and lawful jurors, duly empaneled,
sworn and charged, the said Milton
Oliver Howell was duly tried and
convicted on the 23rd day Of March,
A. ID. 1900, OF the crime OF murder in
the first degree; judgment was rem
dered on said verdict on the 24th
day OF March, A. D., 1900, and a war
rant OF execution was placed In the
hands Of the sheriff of Fergus county
on the oath day Of March, A. D., 1900,
based on the said judgment, COM
manding the sheriff to hang the said
defendant on Friday, the 9th day OF
April, A. D., 1900. until he should be
dead; on the 18th day Of April, A. d.,
1900, Robert B. Smith, governor OF
the state Of Montana. reprieved the
said defendant until the 10th day OF
July, A. D., 1900; on the End day Of
April, A. D., 1900. the defendant,
through his counsel, gave notice of II
motion for new trial, and on May
10Th. A. d., 1900. the motion for a
new trial In said cause came on reg
ularly to be heard, and was by the
above entitled court overruled; from
the said order overfuling the motion
for a new trial an appeal was duly
taken to the supreme court Of the
state Of Montana, and on the Fist
day OF October. A. d., 1901, the case
coming on regularly to he heard be-
fore the said supreme court OF the
State OF Montana, judgment was
rendered affirming the judgment OF
the lower court, and overruling the
defendants motion for new trial;
and
WHEREAS, In open court, the de-
fendant, Milton Oliver Howell, ap-
pearing with his counsel, Messrs.
Cort 4 Worden, and being duly In
formed OF all the proceedings had In
his case, as above stated, and the
questions being asked him by the
court whether or not he had any
legal reason to give against the exc
cuti0n oi the judgment rendered In
this case, and he having given no
legal reason:
Therefore, II is hereby ordered, ad.
judged and decreed. that, In accord.
ance with Sections 1854, 227s, 1926 and
1897 OF the penal code OF the state OF
Montana. you, Milton Oliver Howell,
be taken to the county jail Of Fergus