Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1905-08-22
District Court Winds Up All Press.
ing Business and Jurymen Are
Permitted to Go.
RICE GETS his SENTENCE
Gun Play Man Sent to Deer lodoe
For Three and One Half Years.
Bebb Gets Scoring.

| The jury who, with an intermissior
OF about two weeks, have been serving
| about five weeks. finished their worl
| last Saturday night and were discharg
| ed with the thanks of the court The
| term has been an unusually busy one
large number of important cases
having been heard. Eleven cases or
the criminal docket We're settled, there
being ten convictions and one acquit-
tai an excellent record for the young
county attorney, Roy E. Ayers.
case which attracted more thar
usual attention was that of c. T. Rice
the young man who shot up the town
about two weeks ago and, incidentally
almost plugged Joseph Likes, an in
nocent bystander. This case came ur
for trial Thursday morning, j. c. Hun
toon and Q. w. Belden appearing fol
the defense.
The jurors We're John Milne, c. L.
Wentworth Fred Heckford John
Clancy, Herman Often, Henry Mont
gomery, William Ready, Sam Wolf
H. Decker, A. Tagnetti, E. j. Deffen-
baugh, D. S. Little.
Joe Likes and Albert Taylor were
the only two witnesses examined. They
told the facts substantially as given
in the Democrat at the time of the
shooting. During the noon intermis-
sion Rice, through his attorneys, sig
nified his desire to plead guilty pro-
vided the charge would be changed
from first to second degree assault.
The county attorney agreed TO this
change in the original charge and
when the court was called after noon,
Attorney Huntoon for the defendant,
withdrew the plea of not guilty and
put in one of guilty.
In sentencing the prisoner to three
years and a half in the penitentiary,
Judge Cheadle made the following re-
marks:
I'm explanation thereof, under the
facts in this case as revealed to the
court in part by the testimony of the
witnesses who have testified, and part
ly by 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
1t is so nearly, as the court feels, it
would be obliged to instruct yols if the
trial should proceed further, that this
man cannot be convicted of assault in
the first degree, but only the second
degree.
The facts of this case are somewhat
peculiar, and the court wishes to take
occasion to say that it is one of the
most disgraceful things that has hap.
pened in this town in a long time: not
wholly on the part of this man-there
is no excuse really for his act-but it
seems, beyond doubt, that this man
was maltreated shamefully in a gam
bling dive in this town-a thing that
exists by mistake and sufferance of
this community, and there was a great
deal of provocation given this youns
man by one of the habitues of this
gambling dive. He was shamefully
assaulted. and so far as the court can
learn, without any reason whatever
His money was first taken from him in
the gambling den, and when he re-
monstrated he was beaten like a dog.
1T would give the court extreme
pleasure to sentence the man who as.
saulted this defendant. Then, in his
drunken rage, this man went out and
made the assault on Likes, supposing
him to be the man who had beateL
him.
Il invite the careful attention of the
prosecuting officer of this court and OF
the peace officers to the actions of the
man who assaulted this young fellow.
He is, in the opinion of the court, de-
serving of punishment The court
may make that comment because the
case cannot come before him in any
event. Such actions as these should
be investigated. The court has no
disposition to condone this young
mans offense. 1t is very grevious
one-a most careless. reckless thing to
do, and showed disregard, possibly,
for the life of the man he assaulted
which was most reprehensible. He de-
serves and will get severe punishment,
which the court trusts will be sufficf-
ent to teach him the folly of such ac-
tions
But this whole affair is disgracefui
IN the extreme to every person con-
nected with it, and this court sincerely
hopes that the prosecuting officers viii
pe able to make case against the
original assailant in this case. You
Will be discharged from further con-
sideration of this case"
This scathing arraignment by the
court was meant for W. T. Bebh.