Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-04
Able Defense Saves Sheep shearer
From Conviction in the Sec.
ond Degree.
MORE BREEDS ARE ON TRIAL
Charged With Killing q Steer on the
Range-SpeciaI venire Of
Jurors.


an assault in the second degree, al.
legged to have been committed upon
Col. A. c. Greene at a shearing plant
at Straw in July. From the facts as
brought out at the preliminary, it was
thought by many that a conviction
would certainly result, County Attor.
ney Roy E. Ayers, who conducted
the prosecution, made out a very
strong case. while H. l.. De Kalb, who
undertook the defense just two min
utes before the trial commenced, de-
voted all his energies to reducing
the offense from assault in the second
degree, which is felony, punishable
by maximum of five years impris-
onment and fine of $4,000, to simple
assault in the third degree.
Interesting Legal Fight.
The fight over this point was an
interesting one, Mr.. Ayers develop.
ing every possible factor to support
the theory in favor of the graver of.
tense. Mr.. De Kalb, however, made
brilliant defense, and the jury, after
being out an hour and a half, found
the defendant guilty of assault in the
third degree.
Judge Cheadle took occasion tC
compliment the jury. saying that the
finding coincided with his judgment
In passing sentence, time being waiv
ed by the defendant, his honor said
Jewel did not impress him as being
penitentiary man, and gave hin
some wholesome advice, which, if he
heeds it, will probably keep him ou
of trouble in the future. Judge Chead
le imposed fine of 5000.
More Breeds on Trial.
! The t.;al OF Dal,:5 arI I.cd dis Fleu
ry, two breeds, who are charged will
grand larceny, was begun yesterda.
morning, County Attorney Ayers AM
o. w. Belden conducting the prosecu
tion, while Rudolph Won Tobel repre-
| sented the defendants. 1t is alleged
that the F1eury brothers were will
Jack Gardipee and Roger Bushon whel
the latter killed steer belonging t.
Asbridge & Battams, on Jones creek
about April 25, and took part in tina
little proceeding, for which Gardfpe
and Bushon are now serving year il
the penitentiary. The two cases be
ing so intimately connected, all jul
ors who served at the trial of tn
first one were disqualified from sit
ting in this and special venire wa
ordered by Judge Cheadle, returnabl
yesterday at 2 p. m.
Special Venire Of Jurors.
Upon this, the following 30 name
were drawn: Josehp Wunderlin. !
s. Hovis, G. M. Stafford, G. M. Stone
Sam Weaver, Jack Tubb, VIM. Nj
Clean, N. M. Walker, Charles Zanl
G. A. Pierce, G. j. Bach, A. Lipskel
A. M. Sloan, Perry McHugh. Et
Wright, ]. S. Mowatt, I. M. Hober
sack, William Abel, A H. B. Mcleod
A. T. Goodspeed, s. S. Hobson. D. N
Crowley, Ira Dundom. Austin "
War;, Frank Partridge. Andre'
Green, Horace Hill, ]. L. Mears, H.
Pratt, w. A. Jackman.
The following jurors were accepte
to try the case: w. A. Lacock, Jaco
Kneer, C. L. Wentworth, Sal
Schultz, w. A. Shaules, H. NJ. Pacl
ard, f. p. Tuttle, Ed. Jackman, Jac
Tubb, G. M. Stone, Horace Hill, j.
Mowatt. The testimony presente
was the same, practically, as that IL
troduced at the trial of Gardipee an
Bushon, the defense setting up an al
bi. At noon the case went to the 5ur!
;, The defendants were found guilt
and sentenced to one years impri
, Onment.
The hodgdon Case.
The case of c. j. Hodgdon, on al
peal from the Justices court, wher
, the defendant was heavily fined II
selling buggies without paying the
cense required by law, was reset
, Judge Cheadle for Aug. 8.