Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-07-25
TEDDY SMITH
IS SENTENCED
Judge CheadIe Imposes q Term Of
Three Years In the Penitentiary
at Deer Lodge.
DEFENDANT PLEADS GUILTY
Remarks by Court In Passing Sen.
tence-tiistory Of Case That
Excited Widespread Interest.

ASAASSt - 0AA4AeAAS AOA IOA yC0A6 q
trusted employe of the Bank of Fer
gus County, was arraigned before
Judge Cheadle in the district court
chambers Saturday morning, and on
entering plea of guilty to the charge
of grand larceny, was sentenced to
three years Imprisonment. BY good
behavior. he will be able to reduce
the actual term of confinement to
two and a half years.
The Curtain Rung Down.
This action rings down the curtain
on case that has excited the wide
est interest in Lewistown and also
throughout the county. Mr.. Smith
entered the bank when only 10 years
Of age, and soon won the entire conf.
dence Of his employers, which he
held until the end, when the disclos-
ures as to his embezzlement of the
banks funds proved as great a sur.
prise to the officials of the institution
as to the community at large.
Smiths downfall is due more to
evil associations than anything else.
Nearly three years ago, according to
report, he commenced leading a fast
life, and spent more money than he
was earning. Gradually, he became
more and more extravagant, and the
bank suffered. For period of two
years and half prior to his arrest
on May 10, he was taking money from
the bank, and it is understood that
the total of his peculations exceeds
$4,000. Owing to the position he held
he was able to cover up his stealings
by means of false entries, and it was
not until he was discharged late last
April for failing to pay strict atten.
tiOn to his work that the exposure
was brought about.
Friends Stood by Him.
After his arrest, and even when
it became certain that he was guilty,
some friends still stood by him 10y
ally until the end. Every effort was
made to have the case settled out of
court, but these proved futile, and
after remaining in the county Jail for
some weeks. Smith concluded to
plead guilty and reap whatever benefit
he could from that line of action.
His attorney, H. H. Boggs, succeeded
in getting an agreement from the
prosecution to the effect that the
four informations charging grand lar
ceny should be disposed of by plea
of guilty to one charge, and this was
finally done.
The InformationS.
The four informations fled in the
district court cover a total amount
Of 5000, and these amounts are the
only ones of which the county attor-
ney had official knowledge. Mr.. Ay-
ers finally consented that the one
sentence might cover all the charges.
Very Few Present.
Very few persons were present in
chambers when the matter came up
Saturday morning. The defendant
entered the room in custody of Sher-
if Slater, and accompanied by his
brother, Charles Smith, and his at
torney, H. H. Boggs. Roy E. Ayers
appeared for the state, and Judge
Cheadle took the matter up at once.
Addressing the defendant, who was
very pale, but perfectly self-possess.
ed, the court said:
"Errett L. Smith, stand up"
When the defendant arose, the
court, continuing, said:
There was filed against you in
this court on July II an information
charging you with the crime OF grand
larceny. You were arraigned upon
this information July IA, and this day
was set for you to enter your plea.
Are you now ready to plead to this
information?"
'I am," replied the defendant.
"What is your plea?"
Guilty"
The Courts Remarks.
Continuing, Judge Cheadle said:
"The county attorney has very
kindly consented that you may receive
such sentence as the court sees fit to
impose upon this one information,
allowing the others to be dismissed.
This case is one that presents many
difficulties to the court in finding the
proper criterion for fixing the pun
ishment. It Is impossible to give q
man who occupied the position you
did the minimum penalty for such a
crime, involving, as it does. the be
trayal of confidence reposed in you
and while the amount embezzled wal
large one, the court is very far from
accepting the amount taken as the crt
terion. The real offense Is not In the
magnitude of the sum taken. but on
account of the confidential relations
existing between you and your EN-
ployers. that you should have taken
any sum.
"The period of your peculation
covers about two years and 81
months, and there seems to be cei
tain propriety in letting your punish
ment cover the same length OF time
Three Years imprisonment
1T is a considerable concession OF
the part of the county attorney tt
permit the sentence on this one in
formation to cover all the information'
filed against you. A sentence OF thre'
years will result in actual confine
ment for two years and six months
You are remanded to the custody o
the sheriff, to be delivered by hin
to the authorities at Deer Lodge
<haro IN remain in clOe0 COnflnemen