Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1905-05-18

SENTENCED
Six Years and Six MOnthS---SO
Says the Court

morning and during the day all or the /
witnesses, with the exception of some
expert testimony from Miles City
Drs. Bruning and Andrews--were ex-
amined. Many exhibits were submit
ted in evidence, mainly for the purpose
of demonstrating to the jury the effect
of powder and ball upon various sub
inches to two feet.
McClure's testimony was to the effect
that Aughey, short time prior to the
shooting, was crazed with drink and
that he had asked Mcclure for his gun
believing that someone was after him.
Mcclure did not at first want to give
Aughey the gun, but after a time con-
sented, which for the time being paci-
fed Aughey who, upon gaining posses
sion of the gun, returned to his bed.
Mcclure went to sleep, but in short
time was awakened by something hit
ting the wall above his head and upon
looking up saw that Aughey was point
ing the gun ~at him and muttering
something about getting him now. He
leaped from the bed and grappled with
Aughey for possession of the gun and
in the melee that followed the gun was
discharged resulting in the death of
Aughey.
Friday night Judge Loud was taken
sick and could not hold court Saturday
ther efore it was adjourned until Mon
day. But Mondayrthe judge was no
better and it was decided to call in
Judge Henry of Livingston to finish
the case. Monday night Judge Henry
came and convened court Tuesday
morning and during the forenoon the
remaining witnesses were examined.
At the opening of court Tuesday
afternoon Attorney Farr led off with
the plea for the prosecution. He gave
a resume of the evidence, contending
that McClure's testimony wasa fabri-
cation and that a wound such as had
been inflicted upon. and had caused the
death of Aughey could not have been
the result of the discharge of gun in
the hands of two men graphing for its
possession, and therefore must have
been the result of deliberate action.
Attorney Sydney Sanner for the de-
fense next took his position before the
jury and gave strong plea for his
client. He contended that there were
six known positions whereby wound
of the nature of the one which caused
the death of Aughey could be inflicted
by gun in the grasp of two men
struggling for it's possession, and that
Mcclure was right and the only sub.
stantial evidence upon which the jury
could base their conclusions, and be-
lieving firmly in the innocence of his
client plead with the jury for an &C
quittal.
County Attorney Lyndes concluded
the plea for the state at the after sup
per session, after which the case wa:
given over to the jury, who arrived a
a verdict at about eleven o'clock Tues
day night.
Court convened Wednesday morning
for the purpose of receiving the verdic
: which was in effect that the jury hat
\ found the defendant guilty of man
slaughter and left the sentence to b
imposed by the Judge, after which the.
were dismissed and court was adjourn
ed until two O'Clock at which time sen
tence would be passed. At two o'clocl
court was reconvened and the defend
ant was asked by the court if he knew
any legal reason why sentence shoul'
not be passed upon him, at which tim
Attorney Sanner asked permission G
the court to advance a few words G
intercession for his client, asking tina
the court be lenlent; saying that as
had been the wish of eleven of the jur
ors that the sentence be not in exces
of five years and that most of them wer
IN favor of a shorter term, and as hi
client was an aged man, he requeste
that the sentence be as light as po.
sible.
In reply to this Judge Henry state
that while he was at a disadvantae
in that he had heard but very little
the testimony, from what he ha
gathered from the pleadings he belle
- ed that the verdict handed in by t