Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-11
HE Intended to Enter Plea Of Guilty
to Charge Of Assault in the
First Degree.
is ADVISED BY THE COURT
Learns That the Minimum Penalty is
Five Years, and Will Stand Trial
Civil Cases.

VINO created SuCn panic on Main
street last week by firing four shots
at Joseph Likes, under the impression
it is understood, to stand trial on the
charge of assault in the first degree,
and he will probably enter his plea
some time today. Having no attor.
ney, and being without funds. the
court has appointed J. C. Huntoon as
his legal advisor.
Arraignment on Wednesday.
Rice was arraigned Wednesday af-
ternoon, having expressed to the coun-
ty attorney strong desire to plead
guilty. and commence serving his SEN
tence as soon as possible. When TAX
en- before Judge Cheadle in chambers,
the court read the information filed
by County Attorney Ayers, charging
the defendant with assault in the first
degree, committed on August 4, upon
the person Of Joseph Likes. Rice lis
tened to the reading of the document
with keen interest, especially that por-
tion of it charging that the assault
was committed with intent to kill
and murder" Likes. After reading
the information his honor inquired if
the defendant had an attorney.
Il have not" replied the prisoner.
DO you want one?" asked Judge
Cheadle.
ivly lie. a.
piled Rice.
Have you any means for securing
one if it should be necessary" in
quired the court.
mo. sir" said Rice. Il might get
some assistance by applying to my
people. but under the circumstances,
l could hardly do that, but l don't
Ethink it will be necessary to have one"
| "The court is informed" said Judge
Cheadle, that you wish to enter a
| plea of guilty, but before you take
such a step the court wishes to inform
you that the penalty for such an Of
| fense as you are charged with is very
severe. You could not receive less
than five years imprisonment in the
penitentiary on a plea of guilty. That
| is the minimum penalty. In view OF
| this, the court wishes you to be fully
| advised in the matter before you
plead. The court is not going to urge
you one way or the other, but this
matter is such a serious one that you
should give it full consideration. OF
course on a trial, jury might give
you 10 years. or it might give you
| five. The court does not want TO see
any man railroaded to the peniten-
tiary, and | want you to understand
and consider the matter well and be
aware of your rights.
"Will have to remain in Jail until
November in case l stand trial, before
| the trial occurs?" asked the defend
ant.
mo" replied the court, "you will
be able to go to trial very soon. Now
on the whole, l think you had better
take your two days and think this
matter over before you enter your
plea, and if you want an attorney, and
are not able to employ one. the court
will appoint one for you"
! Rice asked to be permitted to con
suit with Attorney ]. c. Huntoon
which was granted, and the defendant
was ordered to plead today at 10 a
m.
For Killing a Deer.
Charles Swain, breed who has
been in the county Jail for some time
on a charge of killing a deer out Oi
season, has sent word to the county
attorney that he wished to plead
guilty, and appeared with his attor
ney, o. w. Belden. The Offense charg
! ed is a felony, and during the wall
; from the jail to the court room, SwaiI
experienced a change of heart. Wher
first asked IL he wished to plead, hi
intimated that he might plead guilty
but wished it distinctly understood
that he was innocent. This did no
make any hit with the court at all
: and later. Swain retired with his at
torney for a consultation. On return
ing, he was formally arraigned, ant
!, stated that he was not guilty. "But.
!. he added, II want to get out of thi
in the shortest time possible" HI
would not make any Straightforward
statement, and Mr.. Belden said tina
!. after informing him that he wishes
to plead guilty, the defendant had ar
parently changed his mind. The mat
ter thereupOn went over.
Hodgdon's Appeals Dismissed.
4 representative of the Spaulding Bus
: gy company who was fined in the jus
t tice court for failing to pay the !
!. cense of $500 year as required b
= law, were dismissed by Judge Che:
) die. after elaborate arguments. Wi
! liam Wallace. Jr., of Helena, Huntool
d Worden & Smith and H. l.. De Kal
). appearing for Hodgdon, and o. v
o Belden and Roy E. Ayers for the stat
8 The security given on the appeal
a from the judgments Of the justice
= court, imposing fines. consisted of ce
B. tilted checks. and it was held tn;
= they did not meet the Requirement
e of the law. The cases will now
l. taken to the supreme court on appe
IT from this ruling.
It A Livery Stable Fire.
g. The case of Sarah E. Peck again
n Andrew Matthews was tried Thu
day. In this case the plaintiff su,
to recover $3.50. the value Of six hors
IL and a colt that were burned tn dea