Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-06-25
Evidenc in the Fisk Murder Trial
Completed at This Mornings ses-
sion of Court.
SELF DEFENSE Is PLEADED
Attorneys Will Occupy the Afternoon
and Case Expected to 90 to the
Jury This Evening.

The jury term of the district court
began Monday morning at 10 o'clock,
Judge e. X. Cheadle presiding. The
usual formalities attending the open.
ing of the jury term were gone
through expeditiously, and before
noon the first case, that of Charles
Fisk, charged with the murder of
James Nathan Pierce, was called for
trial.
OF the jury venire Of 35 names, 2S
appeared for services as Jurors, seven
having been excused.
Fisk Case Called.
The case of Charles Fisk was call
,ed and before noon the regular panel
was exhausted without jury having
been secured, and a special venire
of forty names was handed to the
sheriff for summons. These names
were all drawn from the local box, to
which counsel for Fisk entered an OBJ
lection, which the court overruled.
Twenty-nine of the special venTe were
served by the sheriff and appeared,
eleven either not being found or ex-
cused.
The examination of Jurors was COM
pleted at $3.50 in the afternoon when
a jury was secured. Fifty-two, includ-
ing the members of the jury, were ex-
amined before this was accomplished.
The jury chosen to decide the inno-
cence or guilt of Fisk is as follows:
r. G.. Jackson, w. A. Jackman, Tim
Crowley, C. c. Long. Lewistown; and
Fred Jenri, C. E. Mahana, Cottonwood; +;
A. L. Evers. Everson; John Shea,
Rice Dougberty. S. p. Snider, ]. w.
Rodgers, Gilt Edge; John Duffield,
Utica.
Counsel for Fisk requested that all
witnesses in the case be excluded
from the court room while testimony
was being taken, and the request was
granted by the court. Counsel then
asked that witnesses be separated
from each other, which the court re-
fused w. NJ. Blackford and Frank
E. Smith appeared as counsel for
Fisk, and all through the trial every
point that could have been brought to
the surface in his favor has been ex.
posed by them. A more diligent de.
fense could not have been made for
any client County Attorney Belden
is assisted in the prosecution by w.
E. Cort, and the fight for the state has
been made with equal diligence.
County Attorney Belden made a
brief statement of the states case
against Fisk, announcing that the
state would introduce evidence to
prove that James Nathan Pierce came
to his death by reason of gun shot
wounds inflicted by Fisk, the place of
his death being at the Pierce Broth
ers' sawmill near Flatwillow creek in
this county, the date of the tragedy
being April 10th Of this year. His
statement embodied briefly the causes
leading up to the tragedy, and the
manner in which the state contended
the crime had been committed. At.
torney Blackford, for the defense,
waived the right to a statement until
the testimony of the state was all in.
Plat of Ground Offered.
The first witness called by the state
was Geo. NJ. Stafford, county survey
or, who produced a plat of the prem
ises at Pierce Brothers mill, showing
the location of the different buildings
and objects that would be used in es-
tablishing locations during the trial.
The plat was tackled to the wall OF
the court room near the Jury box so
that 1t could be referred to at any
time, and the witness gave a complete
explanation of the different objects
and locations marked upon 1t. On
cross-examination the witness stated
that the plat had been prepared by his
assistant from field notes made by
himself and was correct.
Pierce, the Star Witness.
The second witness called was A.
w. Pierce. a brother Of Nate Pierce,
and also his partner in business. This
witness gave a very complete descrip-
ton of the entire affair, and his evi-
dence was not contradictory in any
vital particular. He related the re-
turn of himself his brother Nate,
George Macatee, Dan Mullan and Lon
Smith from Lewistown to the mill
on the evening Of April 10th. They
arrived there about o'clock. In a
short time supper was called and all
but himself sat down to eat FISK
was also at the table. During the
general conversation at the table Fisk
asked II II was a fact that Teddy
poocavoit had heen shot 70 which