Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-02


mot that I know Of" replied the
witness, who was not certain whether
the two men ne saw would correspond
in general way with the appearance
of Heinicke and Ray Long. One of
the men was in his shirt sleeves.
Fred Peterson, another musician,
corroborated Mr.. Races account of the
walk. and said he saw the two men
talking with Studzinski as they pass
ed the latter place. This was about
II O'Clock. and when they returned.
the old man was sitting in front of his
place alone. smoking a cigar. and
spoke to the witness. Mr.. Peterson
was not absolutely positive that this
might not have been Tuesday night,
but still felt reasonably sure that 1t
was Wednesday. He and Mr.. Race,
about this time, took walks every
night, generally going past Studzinski's
place. The witness had done bust
ness with the old Jew at night. and
knew he was very particular about
admitting strangers after dark. On
Thursday morning following, in pass
ing the place on his way up town. the
witness saw small package on box
near Studzinski's door. and surmised
that it was meat left for him. He
was surprised later in the day. on
passing. to notice that the meat was
still there. On Friday morning. he
was present when Sheriff Slater broke
in the door. after Mr.. Luton had seen
the body through the window. On
that occasion he saw a dog tear open
the package of meat testified to. On
Monday and Tuesday evenings. pre-
ceding the murder. the witness and
Mr. Race had taken walks similar to
the one told about. but he was able
to fix the time when they saw the
men there as Wednesday by checking
back from Friday. He was not sure
of having seen the old man outside
the place on any night except the &C.
cesion told about.
Alex. Branson testified about as he
has on former occasions. saying that
Studzinski came to his place little
! before @ o'clock Wednesday night.
Aug. %. and bought a small pail of
beer. saving that his neighbors were
! visiting him The witness closed up
his saloon that night at about 1:2G
and after going out on the sidewalk,
he noticed a light in the old mans
place. While he looked the light went
out. and the witness went on home.
After he had gone a short distance.
he saw a man coming across the
street He watched this party who
finally turned back.
Harry Yaeger. assistant cashier at
the First National bank. testified to
buving lot and half from Sher
man a few days before the iatter's
arrest. Sherman was in the bank
about the end of November. and the
witl4ss asked him what he held the
lots at, and Sherman sard about $3.50
but that he had bought them as an
investment and was not anxious tc
sell. On Monday, Dec. -. the defend
ant came to the bank and wanted t6
sell the lots. and the witness finally
purchased them for $717.5O.
Tom Stout, of the Democrat. was
shown the cord found around Stud
zinski's neck and stated that sucf
cord was received around print paper
at the Democrat.
Sherman's Good Reputation.
Frank E. Wright, cashier of thu
Bank of Fergus County, stated tina
prior to his arrest, the defendant hat
always born good reputation.
E. o. Busenburg testified that whel
he was in charge of the city schools
Sherman was one of his pupils. Thu
defendant was above the average il
his studies. The only popularity thu
witness noticed with regard to hin
was that he appeared to have no as
sociates at the school. He woul
play with the other boys but did no
chum with any of them. Sherman
reputation before his arrest was eA
celent.
George w. Cook testified that tn
defendants reputation was good prio
to his arrest. Mr.. Cook had frequent
ly seen Sherman go out hunting an
, fishing.
DR.. ], B. Atchison testified that las
= August Irene Desy came to him t
: make a call to the Desy home, an
he accompanied that gentleman as n
= quested, making the trip out abou
midnight. This was on the night {
: Aug. 20. The entry in his book wa
under date of Aug. "a, and was mad
: in the morning after the trip.
, Irene Desy testified to having a.
- companied DR.. Atchison to the HON
:, of the witness at about midnigh
. Aug. %. AS they were passing Stu
;. zinski's place, the witness saw Stu
: ZinSki and two other men standln
:, there On cross examination, the wi
ness said one of the men might ha,
= been Ray Long.
!. Joe Lavajoe testified that he ha
q known StudZinski during all the tin
= the old man lived in this city.
~ y. the night of Aug. 23, the witness w;
!; around town, and called upon Mr.. d
= tro, who lived right next to Studzi
J" ski. He left about $3.50, and on goi1
out saw Studzinski and two men
front of the old mans place. StUdzi
n ski saluted him and asked if he WI
% not out pretty late. The witness su
'r gested that the old man was out pre-
t. ty late himself, and Studzinski repli,
n that he had some friends visiting hi
Is j. l.. Beebe. teller of the Bank
20 Fergus County, said that he gene
le ally cashed Sherman's pay chez
he when he presented them at the ban
y and as the defendant had sever
re times asked for gold, he adopted t
IL practice of always paying him
T. gold.
u, Deputy Sheriff F,irman Tullock t.
III tilted that he went to Studzinsk
lie or the afternoon of Aug. %, to 10
n for gun that he, the witness h
e lost, and which he thought might DIR
'" into Studzinski's place. The old m
on that occasion discovered that
knife had been stolen from his CT
Al in, or at least he missed it, and
81 talked of the matter with Mr.. T