Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-12-26
SHERMAN WILL
MAKE DEFENSE
preliminary Hearing to be Held Be.
fore Jutice Mcfarland on Friday
or Saturday Next.
MURDER IN THE FIRST DEGREE
That 10 the Charge the Defendant viii
Faee-Has Callers on Christ.
mas Day.

Tnat 70 the Charge the Defendant vii
Faee-ias Callers on Christ.
mas Day.
Contrary to the general expectation
James Sherman will have a prelimj
nary hearing when the case is calle,
up before Justice of the Peace VIII
liam T. Mcfarland on Friday or Sat
urday next. It was supposed that thu
defense would simply enter a forma
plea, waive examination and let tht
case go over until taken up for trial
but ]. G. Huntoon, Sherman's attor
ney, announced today that he woult
ask for full hearing. Mr.. Huntoor
takes this course, no doubt, in ordel
to ascertain just what the state ha.
in the way of evidence, but thu
chances are that County Attorney Ro,
e. Ayers will content himself with
simply making such showing as will
warrant the defendant being held
without exposing his full hand.
will It be insanity?
Mr.. HuntOOn will make no state
ment whatever in regard to the plea
he will make, but the general belief
is that he intends to set up insanity.
This is one of the most difficult of
all defenses, and Mr.. Huntoon Ger.
tainly has one of the hardest cases to
defend that has ever been tried in
q Montana court, but ne has taken
up the task systematically, and will
accomplish all that any one could for
the self-confessed murderer. It would
appear from what is already known
tnat the most he can hope for is to
save his client from the extreme
penalty.
The fact that there will be any de.
Iense at all is something of a sur.
prise. as Sherman has repeatedly
stated that he would make no defense
and wanted all the facts in the case
10 go to the jury, and be judged up
on them.
No More Statements.
There will be no more statements
or confessions" from James Sherman.
Rumors that ne had made another
concession were circulated Sunday
evening, and from past experience, the
public was not in the least surprised.
but 1t turns out that these reports
were incorrect. The first thing Mr..
Huntoon did when he formally took
charge OF the case was to direct Sher.
man to talk no more, and the prisoner
appears to have adhered to the or
der. 1t would really make little diff
ference now what he might say. The
theory that he had an accomplice is
destroyed, although a few
stubborn ones who held to that idea
from the first are still sticking to it
although they cannot advance a. sin
gle reason for it.
sherman's Christmas.
Sherman spent his Christmas in the
steel cage, and was not at all depress.
ed, at least so far as could be detect
ed from his manner and appearance
He had a number of visitors, and talk.
ed cheerfully with them all.
His father and mother, and Mrs.
Sherman's sister, Mrs. Lease, of Hell.
ena, spent some time with him last
evening.
No New Developments.
1t Is hardly necessary to say that
here are no new developments of i'm
pOrtance in the case. Indeed, there
IS little new to develop. When Sher-
man conducted the officers to the
place in the cellar of his home where
some OF the Studzinski loot was each
ID, the last of the plunder, so far as |
known at this time, was recovered, |
exclusive OF the money taken. His |
asst and final confession covered all
he points of the horrible crime, and
70 far as the officers are concerned,
here is little more for them to do.
Murder in First Degree.
County Attorney Ayers has filed in
Justice McFarland's court a complaint
:harging Sherman with murder in the
irst degree, and it is to this that the
defendant will be called upon to plead
his week. Mr.. Ayers is going to Hell
ma at once on business, and upon his
eturn the case will be taken up. The
hances are that this will be on Sat
lrday.
The complaint reads as follows:
The state of Montana against James
sherman, defendant-compla
PERSONALLY appeared before me this
u
luly sworn, complains and says:
That one James Sherman on or about
he 23rd day of August, A. D. 1905, at
fergus county, state of Montana, with
orce and arms, in and upon one Sam
el Studzinski, did commit the crime
4 murder in the first degree, as fol-
ows, to-wit:
The said James Sherman. on the
Srd day of August, A. D. 1905, at the
ounty OF Fergus. in the state of
iontana, did feloniouly, wilfully and
I his deliberate and premeditated
lalice and of his malice aforethought,
nd with intent to kill and murder,
lake an assault, and that the said
smes Sherman, by means of a GER
ain blunt instrument, a more par
cular description to the county at
)rney unknown, by him the said
ames Sherman then and there had and
eld and with said instrument he the [
aid James Sherman. him, the said
amuel Studzinski. upon the head {
len and there wilfully. feloniously {
nd of his deliberate and premeditat-
malice and of his malice afore-
fought beat. strike. bruise and wound,
len and there and thereby inflicting s
pom the head Of him, the said Sam ]
Ell Studzinski, one mortal wound, of
hich said mortal wound the said
amuel Studzinski did then and there
ie. I
All of which is contrary to the form, 8
'rce and effect of the statute in such I
ase made and provided. and against Y