Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-18
Under an Agreement He Enters a
Plea Of Guilty to Assault in the
Second Degree.
GETS THREE YEARS AND A HALF
Judge Cheadle Scores William T. Bebb
for His Treatment Of Rice-sua.
oestion to Officers.

street early this month by firing sew.
eral shots at Joseph Likes, under the
impression that Likes was w. T.,
Bebb, who had previously given him
a beating, will serve three years and
a half in the penitentiary, less the
time he earns by good behavior, for
his reckless conduct. Sentence was
passed upon Rice by Judge Z. X.
Cheadle this morning, according to
the arrangement made at yesterdays
session of court.
Sentence is Pronounced.
Rice appeared accompanied by his
counsel, j. G. Huntoon and 0. w. Bel.
den. He waived further time, and
stated that he was ready for sentence.
When asked by the court if he had
anything to say, he only replied that
he believed he had not.
''In commenting on your case yes
terday,' said Judge Cheadle, "the
court expressed some sympathy for
you, but you must not miscOnstrue
that. 1t is the sympathy that one
naturall yfeels for any one, especially
a young man, who has been put IN
the position you are now through IN
temperance and unbridled anger. Your
conduct in opening fire ON this man
showed a reckless disregard of con-
sequences that is reprehensible in the
extreme. 1t is really better for you
that you should not escape punish
ment for such an act. 1t will teach
you needd lesson, and the court
hopes that it will result in your mend
ing your ways, keep you from drink
and put curb on your temper. It is
the merest accident that you did not
commit murder. Only the circum-
stance that this man had some let
ters in his pocket saved his life and
saved you from being a murderer.
You are young man and will have
long life before you when you come
out of the penitentiary, and the court
hopes that you will come out better
man."
Judge Cheadle then imposed a SEN
tence of three and half years i'm
prisonment in the penitentiary.
Vhe Trial Begun.
The trial of Rice was begun yes
terday morning, the state being rep
resented by County Attorney Roy e.
Ayers, while j. C.. Huntoon and o. w.
Belden appeared for the defendant by
appointment of the court.
Jury is Secured.
A jury was secured without much
difficulty, the defense exercising on
ly two peremptory challenges and
the state none. The jurors were John
Milne, C. l.. Wentworth, Fred Heck
ford, John Clancy, Herman Often,
Henry Montgomery, William Ready,
Sam Wolf, II. Decker, A. Tagnetti, E..
j. Deffenbaugh, d. S. Little.
Before the jury was sworn, Mr.. Ay-
ers asked leave to amend the infor-
nation by charging that Rice made
the assault upon Likes, suposing the
latter to be w. T. Bebb. This was
contested by the defense, and the mat
ter was argued in chambers, and
Judge Cheadle finally refused to per-
nit the amendment
Two Witnesses Examined.
Only two witnesses were examined,
Joseph Likes and AL. Taylor. They
were standing together on Main
street, just above Phillips drug store,
on the evening of August 4, when the
defendant approached and at a dis
tance of few feet, opened fire on
Likes, suposing him to be w. T. Bebb,
who had previously beaten him in a
saloon near the scene of the shooting.
Taylor ran across the street, while
Likes was struck by two bullets, neith-
er of which inflicted a serious wound,
while third bullet passed through
his clothing.
Conference is Held.
During the noon recess, that case
was the subject of consultation be.
tween the attorneys and the court,
Rice having expressed a willingness
to plead guilty to assault in the Sec
ond degree. County Attorney Ayers,
in view Of the conditions arising was
willing to agree to this, and the court
expressed willingness to accept such
a plea.
Enters Plea Of Guilty.
When court reassembled at 2:45.
Mr.. Huntoon said that the defendant
had expressed willingness to with.
draw his former plea of guilty to the
Shui sc VI dSSdull III Tie uISI ueSTec,
and enter plea of guilty to assault
in the second degree.
Judge Cheadle instructed the de-
fendant to stand up. and asked him if
it was his desire to SO plead, and up
on receiving an affirmative answer,
inquired If the defendant wished to
waive the statutory time, and be SEN
fenced at once.
Mr.. HuntOon stated that Rice wish
ed the sentence to be pronounced in
the morning, and Judge Cheadle then
directed the clerk to enter the plea
OF guilty to assault in the second de.
gree. and addressing the jury said:
Judge cheadle's Remarks.
In explanation thereof, under the
facts of this case as revealed to the
court in part by the testimony of the
witnesses who have testified, and part.
ly by the statements Of counsel for
the state and for the defense, the court
is very much OF the opinion that this
man cannot be convicted of assault
In the first degree. The proposition
is not one that Is absolutely certain, but