Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-11-20
HOWELL EXECUTION DEC. 18th
Judge Cheadle Names Friday the Thirteenth Day, for
the FulfiIlment of the Laws Decree--Only
Hope Now is With the GOVERNOR
Other Court Cases.

county, and that you there be kept
In safe custody by the said sheriff OF
said Fergus county, state of Mon
tana, until Friday, the 18th day Of
December, A. d., 1901, and upon that
day, between the hours OF nine o'clock
In the forenoon and five O'Clock In
the afternoon of that day, shall be
taken thence to some suitable and
private enclosure to be provided by
the said sheriff. as near the jail as
possible, and that there and then
ycu be hanged by the neck until you
shall be dead, In accordance with the
judgment and sentence rendered in
this court on the 2ith day Of March,
A. d., 1900.
Done in open court this the 18th
day OF November, A. d., 1901.
Judge.
Save for slight agitation the
prisoner preserved a studied COM
posure during the re reading OF the
order until he was asked II he knew
OF any legal reason why sentence
should not be passed, when he said:
II ask that the body of Thomas Roz-
ling be exhumed. as can prove by
an examination of the skull that he
was not shot from behind as charg-
ed and convicted"
The Judge then said: "The court
would be glad to grant this request
II 1t were In his power to do so; how
ever, the time has passed for meas
ures of this kind. At the request OF
your counsel l have examined such
law as could find upon this subject,
which is very little-indeed practic-
ally none; the time at which such
evidence should have been used, has
long since passed. The court regrets
that 1t Is not In his power to grant
your request. Have you no other
reason to ofier?" r..
Howell replied. "none whatever; /
could prove an alibi by the examina-
tion; 1t would have been impossible
for me to shoot him behind when he
was standing In front OF me-"
"It is not within the power OF the
court to pass upon this" said the
Judge, ''if you have no other reas-
ons-"
The prisoner said he had none.
The Judge said it only remains for
the court to order the judgment pre-
viously passed upon you to be put
into execution.
"It is impossible for any humane
man, Howell, to contemplate the
awful position In which you stand
without feeling a great deal OF COM
passion for you. Your life before
you were charged with this crime,
your demeanor all through your
trial. your exemplary conduct as a
prisoner, have all united to create
feeling Of sympathy for you In the
minds Of almost every person who
knows OF your case; and there Is a
further feeling OF sympathy based on
the fact that your unfortunate posi-
tion today 10 due In a large degree,
perhaps, to your mistaken sense Of
fidelity to your employer. Thecourt
says a mistaken sense" advisedly
because you were not hired by your
employer to uphold bis quarrels by
force or violence, or, II you were so
employed, 1t was grievo us wrong
in you both. Nevertheless, a man
who suffers on account OF fidelity,
even Of q mistaken kind, arouses
some compassion even In the minds
Of those who know the circumstances
ri such case. And you are partly
here because yon entertained a wrong
notion OF personal honor. You had
been beaten by the man whom you
killed; your ideas OF personal honor
apparently forbade you to rest un-
der that insult; the man who had