Fergus County argus., 1904-02-03

Il am satisfied" were the words of
John Flynn when the jury last Tues
day morning at o'clock brought in
a verdict of murder in the second de-
gree and fixed his punishment at life
Imprisonment. His attorneys were
also relieved, as they had accomplish
ed what they started out to do-save
Flynn's neck. The case was one of
the most notable ever tried in Fer
gus county. The court house was
simply packed from the first to the
last day. On Monday evening. when
the lawyers argued the case before
the jury, dozens went tc the court
house and were turned away because
they were unable to squeeze into the
door. Every available seat, every
inch of standing room was occupied
The case was called for trial Thurs
day morning at 10 o'clock. At the
appt ,nted hour all OF the court cffi-
GERS were in their places. Frank
Scovel and John Raw had been sworn
as bailiffs. When the jury roll was
called il was found that several Of
those living in remote parts of the
county had not yet arrived. Several
others had been excused for good and
sufficient reasons. Some excitement
was caused when Jailer Ed. Silver
thorne brought the prisoner into
court. The Imprisonment and mental
strain under which he of necessity
had been laboring since the date Of
his trouble had told on him to a
marked degree. He mad lost a certain
swagger and air of bravado which
characterized him before his incar-
ceration. His face was drawn and
throughout the first day he sat bent
over with his eyes to the floor and
his hands moving nervously about.
Occasionally he would hold a short
whispered conversation with his at
torneys relative to some prospective
juryman, but for the most part he was
silent and bore an attitude of most
miserable detection.
Mrs. Flynn was also in court, peing
accompanied by a lady friend. The
terrible trouble was also bearing
heavily on her mind, and like her
husband she was pale and visibly ner-
vous. Her cheeks were sunken to an
unusual degree and every feature
bore evidence of the sorrow which
was a wife's portion of a husband S
crime. She. too, kept her gaze for
the most part riveted on the floor, but
would occasionally look up when a
new name was called or something
new relative to the conduct Of her
husband was brought about.
After the reading of the complaint
charging John Flynn with the alur-
der of James Skinner on the 7th day
of January of the present year, the
work of selecting a jury was begun
at once. The original venire was for
forty-eight jurors but of this number
seven had been previously excused
by the court, so there were forty-one
men to choose jury from. The
work was pushed by the court and
counsel. Towards the afternoon 1t
was looking as If another venire would
be called. A great number of the
men had formed opinions, it being es'
pecially difficult to find one living in
Lewistown who did not have decided
views upon the subject. But when
the venire was all but exhausted
there being but two names remaining
the defense waived their tenth per
emptory challenge, the state waived
their fifth and the jury was complete.
OF the men called up and examined
sixteen were excused for cause, two
peremptorily challenged by the state
and nine challenged by the defense
The jury as finally selected was com
posed of the following men:
Martin Durstine, w. ]. Adams, Mar
ion Maury, Phil Wight. Ed. Field
Harry Wight, otto Wasmansdorf, Ben
ton Norris, ]. A. Cameron, S. NJ
Weede, r. G. Jackson and Douglas
Washburn. 1t being $3.50 o'clock wher
the task of selecting jury was com
pleted, an adjournment was taken un
til 10 o'clock Friday morning.
Court was opened promptly at II
o'clock Friday morning, but within
few moments after it was opened jury
man Ed. Fields was taken sick an,
recess of thirty minutes was given
IL was almost IL o'clock before tn,
sick Juror was able to appear TO
duty. County Attorney o. w. Beldel
briefly outlined the states case. H
stated that the case would show tina
on the afternoon of the 7th of Janu
airy the defendant Flynn and Jane
Skinner became involved in a cor
troversy over a josh which Skinne
was giving Flynn about having a figh
with a negro, Abe Hill. concerning
debt: that Skinner was In good hu
NOR through the entire trouble. despit
the fact that he was struck in tn
face by Flynn. That he was unarme
and defenseless at the time he wa
shot by Flynn and that his death re
suited directly from the gunsho
wound inflicted by defendant, Flynr
Attorney j. w. Freeman, of Grea
Falls. then made the opening STATE
ment for the defense. He said tn
defense would show that at the tim
of the shooting Flynn was sick an
had been in very poor shape physica
ly for several days before the shoe
ing: that he was provoked beyond tn
point of endurance by the abuse an
profanity heaped upon him by tn
deceased, Skinner. on the afternoo
of the shooting and that he shot onl