Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-10-23

der of Farguhar McRae. The jury
included A. G. Green, of Utica; c. b..
Anderson, of Lewistowp, A. l.. Boil
man, of Ubet, Ed. Cox, OF Cotton
wood, Ole Sleten and Theodore Ger
vais, of Lewistown, Adam Shell, OF
Ubet, John Volkenand, OF Grass
Range, A. Boatwrlght, of Utica. W.
II. Clark, OF Cottonwood, Fred Coos,
of Ft. Maglnnis and o. NJ. Clement,
OF Flatwillow. Attorney General
Nolan and County Attorney F. L.
Smith appeared for the prosecution
and Cort & Worden for the defense.
On account of the absence OF u wit
ness desired by the prosecution the
actual taking Of testimony did not
commence until Wednesday follow
ing and the case was sent to the jury
Friday noon. They deliberated but
two hours after dinner and at $3.50
brought In the verdict of conviction.
As the term of court was to close
the same week Judge DuBOse had
the prisoner brought up for sentence
Saturday evening and fixed the date
of execution for April 9th following.
The date has passed eighteen
months ago, but by means Of an ap-
peal to the supreme court, failure to
file briefs. extension of time, adjourn
ments OF court, ETC., the attorneys
for the defense have succeeded in
pOstponing the fulfillment OF the
laws demands. During his incar-
ceration Howell has proved model
prisoner and while the officers real
ize that the sentence is just one and
that the crime committed by Howell
cannot be pardonej or condoned,
they have had opportunity OF seeing
Howell's better qualities and will
dislike to execute the sentence.
Some time since 1t was reported
that should the supreme court refuse
new trial his attorneys and friends
would urge Gov. ToOle to commute
the sentence OF life imprisonment and
1t IL possible that such q move will
be made, though 1t Ii hardly likely
to be successful as the governor
especially after the lynching at
Helena-will demand some more SUBJ
stantia reason than mere sentiment
before interfering with a verdict JUS
tilted by facts and the execution Of
which has already been 80 long de-
layed.
The remittitur from the court will
probably reach Lewistown within a
few days and Judge Cheadle will
then resentence the prisoner, fixing a
day for the execution some time In
November 1t is presumed. The story
of the crime as developed at the trial
IL as follows:
For some time prior to March 1888,
Howell. the defendant, and Rolling,
deceased, had been employed by p.
L. Moule, ON the latter's ranch on
Swimming Woman. There arose
some jealousy between them and also
on account OF a better offer from
George Pirrie, Howell, about April
1st, left Moule and went to work for
Plrrie. Moule's and Pirrie's ranches
adioined and they were common
owners in u certain irrigating ditch.
During the spring and summer of
1858, Rolling had charge of the irri-
cation Of Moule's crops and Howell
did a similar work for Pirrie. Short
ly after Howell went to work for
Pirrie he said to certain herder,
whom he met, that but for Rolling
he (Howell) would have preferred to
work for MOule and that he would
''get even with the ----
before the summer was over" On
the Goth OF July one Downs, In the
employ OF Moule. was engaged In
putting In a head-gate In the ditch
which would turn the water from
Pirrie's land to Moule's. Howell