Fergus County argus., 1904-02-17

SENTENCED
Three Men Convicted at the Present
Term OF Court Given Good Ad-
vice by the Judge.
FLYNN's HEART is TOUCHED
Tears Come to the Eyes Of the Muir
derer When His Sentence is Fro
nouneed by the Court.

Mark Lewis, who have been convicted
of crimes during the term OF court
just drawing to close, were taken
before Judge Cheadle for sentence.
Flynn's sentence had already been
fixed by the jury which convicted him,
but il was necessary that the court
also pronounce formal sentence.
Following his usual custom, Judge
Cheadle gave the men some good ad-
vice and commented briefly but for.
chilly upon the nature and effect Of
their respective crimes.
Davis, who is an old man with hair
white as snow, was treated most
leniently by his honor, a fine OF $4oo
being imposed instead of peniten-
tiary sentence. This fine was paid In
open court and the old man was al.
lowed to walk out of the room with
his son free man, but not before he
had received some excellent advice
by the court. He was warned to let
his present difficulty be lesson to
him and never again to permit his
anger to blind his reason. He seemed
deeply touched by the words of the
court and tears were yet in his eyes
when he left the room.
When Flynn was asked to stand
and receive sentence he had the air
of stolidity and apparent heartless-
ness. which characterized him
throughout the greater part of his
trial. But as the judge talked to him
of his awful deed and the terrible
consequences, the hard lines of his
face relaxed and when he was told to
sit down the first genuine emotion the
man has shown since first appearing
in open court was manifest by his
tears.
Following are the words of the
court in pronouncing sentence upon
Flynn:
IAN information was filed against
you in this court on the 14th day OF
January, 1904, charging you with the
crime of murder, committed upon one
James Franklin Skinner. In this in
formation you pleaded not guilty.
You were tried by jury of this coun-
ty and found guilty of murder in the
second degree.
Have you any legal reason to urge
at this time why sentence should not
now be passed upon you?"
| F1ynn-"None at all"
| Court-"Flynn, when the court re-
fleets upon your unfortunate situation,
upon the fact that but little more
| than a month ago you were free
citizen of this community, entitled to
go about your business as you saw
fit, enjoying the blessings of liberty,
and the fact that at this time You
are about to be sentenced to impris.
onment in the state penitentiary for
the remainder of your life, he feels
that no words of his are at all neces.
sary to impress upon your mind, or
the minds of others, the terrible con-
sequences of such crime as you
committed IL you are q man OF any
conscience at all-and the court has
no especial reason to believe that
you are not-the remembrance of the
awful deed that you committed will
haunt you to the last day of your i'm
prisoned life. When you reflect upon
the fact that, probably in a fit of an
ger, as foolish and useless as any
thing can we'll be imagined, you took
the life of a man, who, up to that
time, so far as the evidence shows,
had always been a friend of yours,
| do not know of any greater punish
ment that could be inflicted upon you.
The enormity of the crime in this
case. and other circumstances attend
ant upon II, make 1t extremely i'm.
probable that you can ever emerge
from the prison doors when they are
once closed upon you. The court does
not believe that any person who
knows the facts and circumstances of
this case can reasonably expect that
you should ever be pardoned. or that
you ever ought to be pardoned. You
nave done thing for which you can
make no restitution. You took the
life of your friend, but you cannot
give 1t back, and your own ruined life
Is the necessary consequence.
I'm view of the fact that the prob
ability of pardon is extremely re.
mote in your case, the court really
feels that hanging would be no Sc.
verer a penalty than the one which
Is now about to be imposed upon you.
You are a man in middle life. appar.
emily In the full possession of your
mental and physical faculties. and the
: consignment to the living death which
awaits you is. in the opinion Of the
court, at least as bad as II that life
were to be taken by the hand of the
law.
"The court does not desire to say
anything unnecessarily to harrow
. your feelings or make your distress
: greater. but hopes NOSE sincerely that
other men like you-of whom we
have good many in this commun
ity-may take warning from your les
son. Such a man, in momentary III
of anger. may do that which he can
never undo. and for which the ruin
of his life is only the natural and nee,
essary consequence.
: 1T Is the judgment Of the law and
the sentence of this court that you
be remanded to the custody of the
sheriff of Fergus county, and be by
, him conveyed to the city of Deer
/ Lodge, in this state, and there be de
liyered to the authorities OF the state