Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-11-14
explains one apparent discrepancy in
the statements accredited to Long,.
Sheriff Slater on the Stand,

explains one apparent discrepancy in
the statements accredited to Long,.
Sheriff Slater on the Stand.
Sheriff L. P. Slater told of the ar
rest of Long on Friday, Nov. 3, who
made statement while in Jail that
night regarding his whereabouts on
the night of the murder. The defend
ant said he was around town with
Heinicke subsequently proved to have
been out of the city that night, and
went home with him about II O'Clock,
Long denied that he was in the shanty
with StudZinski on the night of the
murder.
On cross examination, Mr.. Blackford
asked the sheriff if he had ever known
a man who could tell just where he
was on a night over two months in
the past, unless it was fixed in his
mind by some event of a personal ma
ture, and IL man undertook to make
such a statement. whether or not he
would be likely to be mistaken. The
sneriff answered that in his opinion,
q mistake would be likely. In answer
to further questions, the witness said
ne had known persons to be mistaken
in matters of that kind. Long made
his statement. but afterwards quail
fled much of it.
"Heinicke has been released. has he
not?" asked Mr.. Blackford.
YES" was the reply, "he has been
released on rs own recognizance."
"You are thoroughly satisfied that
he was not in town on the night Of
the murder?"
Yes, l am now. We thought we
had some evidence to connect him
with the crime at first Mr.. Wagner
stated positively that he left here
with Heinicke on the morning of
Thursday, Aug. "a. 1t transpired sub
sequently that he was mistaken. The
same thing has occurred on many 9th.
er points. Parties have stated posi-
lively that certain things occurred on
certain day, and we accepted them
as facts. only to discover later that
the parties were entirely mistaken"
Mr.. Belden here stated that the on
" other witness was Alex. Branson,
and the court and attorneys visited
his house, where his testimony was
taken. 1t was substantially as stated
above.
The State Rests.
Upon reassembling in the afternoon,
Mr.. Ayers announced that the state
rested.
Mr.. Blackford was quite willing for
the defendant to go on the stand and
answer any question that could be ask.
ed. The defense had nothing what
ever to conceal. He was willing also
for the other witnesses to testify.
There was, however, no evidence
Whatever upon which the defendant
could be held to the district court.
Unless the court wants to hear the
testimony, shall ask that the de-
fendant be now discharged"
Mr.. Belden said he thought the evil
dence was sufficient to put the defend
ant upon his defense. This was not
persecution, or proceeding to de.
rrive the defendant of any of his
rights. There was no question that
murder had been committed, and the
evidence was that the defendant was
the last man on earth who was seen
with Studzinski before he was kill
ed. He cast no reflection on the de-
fendant when he said that the case,
as 1t now stood, demanded an expla-
nation from him.
without intimating that he is gull
ty." concluded Mr. Belden, II do say
he should explain his contradictory
statements. It is for his own benefit
that he should do this. If he can ex-
plain his whereabouts that evening,
1t will dispose of the whole matter"
Mr.. Blackford said that if there was
any evidence connecting the defend
ant with the crime, the matter would
he different. AS it stood. there was
lot a scintilla of evidence of that
kind. Mr.. Branson did say he saw
Long with Studzinski on the sidewalk
at about o'clock that evening, and
there was good chance that he might
be mistaken, owing to the hour, the
distance at which he stood from the
men, and his defective vision. But
II 1t was fact, surely there was moth
ing suspicious in a neighbOr being seen
cn the public sidewalk talking to a
man living next door to him. In fact,
If Long had intended to kill the old
man. he would hardly have been seen
with him in a public place.
Orders Dismissal.
Judge Mcfarland said that if the
case were of a different nature, his
ruling might possibly be different, but
in case of this kind, where the party,
If held, would be kept in jail until the
court met, he could not do otherwise
than order a dismissal, in view of the
TACT that there was no evidence TO
connect Long with the crime. The
state had it's recourse. It could at any
tine take the matter up again by fl
ing an information in the district
court.
I'VE only ask" said Mr.. Belden,
'tnat you overrule the motion for
dismissal for the purpose of getting
at the facts in the case. 1t is material
that We know all the circumstances
surrounding the affair, and if We have
been wrong, | will promptly admit it.
The defendant is in position to throw
sCme light on the occurrences Of that
night. as he was with the deceased
about 8 O'Clock, according to one wit
ness. We want aim TO tell us the
facts as 10 that
Biackford Says It Is Persecution.
If this is not a case of persecution,
l never saw one" said Mr.. Blackford
Mr.. Belden is simply taking the po-
sition that any man may be arrested
and that he must then establish his
innocence"
The Court: 1T is no use going into
! the matter any further. | have an
rounced the courts ruling. If Mr..
Long wants TO go upon the stand |
nave no objection, but the motion is
sustained and the case is dismissed"
Taylor Is Discharged.
The Taylor case was then taken