Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-04
A Noted Case.

The case is one of tht most noted
in the criminal annals of central
Montana. Howell was tried in the
district court, Judge DuBose presid.
ing, for the murder of Thomas Roe.
ling ON July 81, 1898, and the jury re-
turned verdict of guilty, and on
March "a, 1900, the court sentenced
Howell to be hanged, the execution be-
ing set for April q Of that year.
Howell's attorneys, Cort & Worden,
exhausted every resource in the
courts to save their client, but were
not successful until Mr.. Cort, now Of
Los Angeles, went to the place where
Rozling's body was buried, and disin.
tered it. The state, at the trial,
had endeavored to prove the Rolling
was shot from behind, and the defense
was unable to overcome the testi-
mony on this point.
Was a Vital Point.
The matter was a vital one, and
upon it the action of the jury was
largely based Mr.. Cort's action in
digging up the remains was to show
that Rolling was not shot from be-
hind and he carried the skull away
with him to exhibit to the governor
in support of his fight to secure a
communication of the sentence. The
incident provoked storm OF protest
from Rozling's friends at the time,
and there was evc13 ta2sAat C-csecnf'
ing Mr.. Cort for his action, but moth.
ing was done in that direction. The
grewsome exhibit secured by the at,
torney resulted in communication OF
the sentence to life imprisonment,
and Howell is still at Deer Lodge.
Is a Big Petition.
The petition sent in bears the sig
natures of about 800 people residing
in Fergus county, with some from
Meagher Deer Lodge and Yellow
stone. Many of these names illustrate
how time will soften mems convic
tions, for not few of those who nov
ask for Howell's pardon, were, at the
time of the murder and trial, opposed
to any clemency being shown.
Nearly all of the county and city
officers sign the petition, but there
are a few notable exceptions. All the
officials of the penitentiary are among
the signers, as are the presidents o.
both the local banks, and most O
the leading business men OF Lewis
town.
Fom two counties in Texas, wher'
Howell formerly lived come sometime
like 400 signatures, several OF then
being those of high officials and mel
who knew Howell and his family.
Many months have been devoted Il
working up this petition, every par
of the county being subjected to
careful canvas.
What the Court Said.
How the crime was viewed at tn
time of the trial, when all the fact
were fresh in the minds of the pee
ple, can be judged from the following
remarks made by Judge DuBose a
the time he sentenced Howell t
death:
~No man can hear the story o
your crime, Howell, without feeling
a tinge of pity, for the two motive
that made you an assassin were me
tives that are generally considere'
noble. These motives were a mistaA
en- idea of duty and mistaken idea
self.respect. On the afternoon OF tn
26th of July, 1898, this man Rozlln
whom you killed. beat you becaus
YOU interfered with the water whlcl
YOU believed belonged to your en-
ployer. Smarting under your wound
and believing that your self-respec
demanded that you kill him. you kille
him. and you killed him as an assass
in. Notwithstanding these motives
the jury found you guilty, and right
found you so, and believe they 1e
as do about this matter. But no
withstanding your motives. the la
must take its course, and 1t Is ther'
fore ordered. adjudged and decree
that you, Milton oliver Howell,
taken to the county jail OF Fergu
county, and that you there be keI
in safe custody by the sheriff OF sal
Fergus county until Friday. the 27t
day of April. A. D. 1900. and that u
on that day, between the hours OF
o'clock in the forenoon and s o'cloc
in the afternoon of that day. you b
taken thence to some suitable an
private enclosure to be provided b
the said sheriff. as near the said "a
as possible, and that there and the
you be hanged by the neck until yc
shall be dead. dead. dead. and ma
God have mercy on your soul.
KILLED eY LIGHTNING.