Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-22
JACOB R. SHAW
IS CONVICTED
He Appropriated a Fergus Horse on
the Range and Will Serve Two
Years in Consequence.
Says They Are Entitled to the
Thanks Of the Community for
Their Efficient Work.

Jacob r. Shaw, small rancher and
horse dealer whose place is on Cur
rent creek, on the south side of the
Snowies. was tried in the district
court Saturday on the charge of grand
larceny, 1t being alleged that early
this month he appropriated a horse
belonging to William Fergus & Sons.
How the animal ever got away down
IN that country is not known, but the
testimony showed that the horse had
been on the range there, unclaimed,
for about three years. Finally, about
August Z, Shaw made the great mis-.
take of taking the animal up, and
had him in a correl when Stock In
spector Thomas Shaw arrived on the
scene. The inspector was not look
ing for this Fergus horse, and knew
nothing about him. He had been in
formed that Jake Shaw had horse
belonging to Charles Gey, and was
looking up that case when he located
the defendent on Current creek and
placed him under arrest. The pris-
Oner stated that he had a horse in a
correl and asked to be permitted to
turn the animal out The inspector
went with him to the place and at
once saw from the brand that the
horse was a Fergus animal, and SO
informed Shaw. The latter express
ed a willingness to restore the horse
to the lawful owners, but of course
this tender came too late to do him
any good.
Ownership Of the Horse.
The ownership of the animal was
conclusively established by the tes-
timony of James P. Fergus, Will H.
Fergus and Nellie Fergus Roman
stad, and Inspector Shaw told about
the arrest. 1t crept in incidentally
that Shaw had some other branded
horses in his possession, and having
made out a conclusive case, O. w.
Belden and County Attorney Ayers,
who prosecuted, rested.
Defendant on the Stand.
There were but two witnesses for
the defense, and H. l.. De Kalb, who
for Shaw, made the most OF
them, but could not break down the
states case at any point. The defend
ant, in his own behalf, stated that he
had lived on Willow and Current
creeks for upwards of seven years.
Two years ago he bought the Fergus
orco to u,,ocfinr frNv,o onyno nnAn1o
who were going through the country.
He was unable to give the names OF
these parties. He admitted that he
had other horses in his possession, the
brands on which had not been vent
ed.
James H. Elijah testified to having
seen the Fergus horse running on the
range two years ago, when the ami
NAL was near Shaws place. The wit
ness had frequently seen the defend.
ant on the range, but had never heard
him say he intended to take up the
Fergus animal, nor did Shaw's con-
duct ever seem to have aroused any
suspicion in the mind of Mr.. Elijah
that he was too free with other peO-
pies property.
The case was argued briefly, and
it took the jury but a short time to
agree on a verdict of guilty. leaving
the punishment to be fixed by the
court. The defendant concluded to
waive the statutory time and be SEN
fenced at once.
The Courts Remarks.
In passing sentence, Judge Cheadle
caid:
This court is never inclined to be
very severe in such cases unless there
are circumstances calling for special
severity. Speedy punishment Is the
strongest deterrent to the commission
of crime, yet the court cannot give
you the minimum punishment. While
you were not tried for the theft of any
other animal. yet the testimony shows
that you had other branded horses in
your possession. and this reckless
with other peoples property
must be stopped. so far as 1t is In
the power of this court to stop It,"
The court then sentenced Shaw to
two years in the penitentiary.
Compliments the Jury.
: The jurors were John Milne, G. N.
Caldwell. C. L. Wentworth. E. J. Def
fenbaugh, G. C. N0lt. A. Tognetti. Will
IldH 1cduy, 0du WOll, rICu f1cCh-
ford. H. Montgomery. Archie McCOr-
mick and H. Decker.
In discharging the jurors from fur
ther attendance on the court, Judge
Cheadle thanked them for their long
and intelligent services. He believed.
he said, that substantial justice had
been done in every case, civil and
criminal, that had been tried during
the term. One man had been discharg-
ed on a technicality, but that was an
unimpOrtant case, and aside from it,
not an innocent man had been pun
ished. nor had any guilty men escap-
ed. He believed the work done at
this term of court would be a strong
deterrent to crimes, and the thanks
Of the community were due the jur-
ors and others connected with the
court for their work. Jury service
was often. perhaps always. inconven.
lent, yet it was men who had business
affairs Of their own to look after who
were needed for jury service. He
believed the jury system was the best
ever devised by man for dealing out
justice. when the juries were com
posed OF the right kind Of men.
One Breed Goes Free.
The case of Charles Swain, q breed
charged with the killing of a dee,
on June tx was to have been trfoI