Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-07-02
Jury Adjudges Robert Fisk Guilty Of
Murder in the Second Degree,
Court to Fix Sentence.
osLIsERATED SIXTEEN HOURS
Judge Cheadle lntimates, In Passing
Sentence, That Some Evidence
Had Not Been Heard.

When the district court convened
Monday morning Charles l.. Fisk,
who on Thursday afternoon at las
o'clock had been pronounced by a.
jury of his peers as guilty of murder
in the second degree for the killing of
James Nathan Pierce on April 10th
last, was brought before the bar of
the court and sentenced to imprison-
ment in the penitentiary for life in
eXpiation of his crime.
At o 10 Wednesday, the defense
rested, and in the afternoon the state
recalled A. w. Pierce. its principal
witness. in rebuttal of the testimony
given by Fisk. Pierce was given a
rigids examination in regard to the
bolt with which Fisk claimed he was
assaulted by Nate Pierce. He posi-.
lively denied ever having seen the
bolt, or any knowledge of il. This
ended the taking OF testimony in the
trial, and the court declared a recess
for the jury until the arguments on
the instructions were presented by
counsel in the case. Immediately
thereafter the court and counsel adj.
j%ourned to tie stdge's chamber and
counsel presented thcir arguments.
Court convened again VI 400 p. m.
when the Judge delivered his instruc-
tions to the jury.
BY agreement with the court coun.
sci on each side were allotted two
hours for the presentation of their ar
guments to the jury. w. e. Cort,
counsel for the state, first addressed
the jury. His talk extended for 80
minutes and was confined to an an.
alysis of the evidence brought out in
the case. Following Mr.. Cort, w. NJ
blackboard, for the defense, spoke fol
IAN hour and twenty minutes. Mr.
Blackford attacked the testimony q
the two witnesses, Pierce and Perry
attempting to expose the contradic
tons and falsity of their statements
Frank Z. Smith then followed witt
an address of As minutes. Mr.. Smitl
made a strong argument in support o
the testimony given by Fisk, and a
the conclusion of his speech court ad
journed until eight o'clock in the eN
'enlng.
Shortly after court Convened in tn
evening County Attorney Belden b.
gan the closing argument for tn
state. Mr.. Belden held the attentio
of the jury i5 minutes, during whic
he confined his argument to the co
r~eetness of the testimony introduce
: by the state. At 9:20 the ease wa
given to the jury. At LAS Thursda
= afternoon the jury announced that
% had arrived at a verdict. having the
!. been out about 1G hours. Court WI
convened at once and the verdict WI
=. read by the clerk. showing that Il
!. jury had found Fisk guilty OF mu
k. der in the second degree.
Monday morning he was broug'
into court where sentence was pr
: nounccd upon him as previously sta
cd. In p%ronouncing sentence upC
:; Fisk Judge Cheadle made it an occ
ig sion upon which to present his viey
upon the frequency of gun plays al
murders that have been known in tn
I. county the past few years. He furt
er expressed some doubt as
: whether all the evidence in the ca
:. Of Fisk had been brought 10 the 81
+ face, saying that in his opinion the
+ was something that had been he
back. and the case was somewhat c
scured in doubt. but told Fisk that &
{. jury had been merciful to him in f
:. ing the verdict at murder in the 81
= ond degree.
+ He then ordered that Fisk be
+ manded to the custody of the sher
4 and taken to the stae penitentiary
Deer Lodge, there to remain the
mainder of his natural life.
{: Fisk received the sentence cool
/! He was at once taken from the cou
( room by Jailor Shaw. and one of q
hardest fought criminal cases in q
history of the county was at an en-