Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-09


proceedings in the Sherman murder
case assembled at the court house yes
terday morning, when it was suppos-
ed that the curtain would be rung
down on the terrible tragedy that oc.
Cured last August. Ten o'clock was
the hour fixed for sentencing the de-
fendant, and by o'clock, people COM
menced to stream to the court house,
and the seats were filed within a few
minutes after the doors were open
ed, there being the usual proportion
of ladies in the audience. But their
expectations of witnessing the last
scene in the drama were not realized.
In Arrest Of Judgment.
Shortly before 10 o'clock, J. c. Hun
tOOn, who has made such vigorous
fight for Sherman, filed upon the at
tOrneys for the state a motion in ar
rest of Judgment, and while the crowd
and the defendant were waiting above,
this matter was brought up before
Judge Cheadle in chambers. Mr..
Huntoon's motion was very brief,
merely setting out the ground for a
continuance, as follows:
Nov comes the defendant after
verdict and before judgment is pro-
nounced upon the verdict, and through
his attorney. J. G. Huntoon, now
shows for cause why Judgment should
be pronounced against him On the
said verdict that he is insane.
This statement of cause against
the judgment in this action is based
upon the files and records in the above
action, and the affidavits of H. H.
Wilson, NJ. D., and H. X. Wilson, M.
D., hereto attached and made part
hereof. JOHN G. HUNTOON,
Attorney for the Defendant"
In support of the motion, the defense
offered the following affidavits of the
Drs. Wilson, based upon examinations
of the defendant made at the county
Jail Wednesday afternoon:
Affidavits Of the Drs. Wilson.
sworn, deposes and says that he is
physician and surgeon duly licensed
and Qualified and admitted to practice
under the laws of the state of Mon
tana; that he has been in active prac-
tice since 1867; that he is acquainted
with James Sherman, the defendant
in the above entitled action; that he
has had frequent opportunities to see
and converse with the defendant since
his arrest on the above entitled action
and has made five separate examina-
tions of the defndant; that the last
examination was made on the after
noon of the seventh day of February.
1906; that the said examination last
ed nearly two hours, and that DR.. H.
X. Wilson was at that time present
with affiant; that the purpose of that
examination was to form an opinion
as to- whether the defendant was sane
or insane; that affiant gives it now
as his opinion that the defendant,
James Sherman. is at this time suf-
fering from insanity; that he is now
insane.
III. H. WILSON, M. D."
The affidavit of DR.. H. X. Wilson
was precisely the same as that of his
father, except as to the time the af.
f1ant has been practicing his profes'
sion.
Under the statute. where doubt ex
lists as to the sanity of defendant
before trial, it is necessary to try the
matter before jury, the issue in that
case being not as to the guilt or in
nocence of the accused, but as to his
sanity. Should he be found insane
he would be committed to the insane
asylum. Where similar condition ex
lists after conviction and before judg
ment, the court may advise itself full
ly, and if finally it is determined that
the defendant is insane, he is then
sent I'd the asylum instead of to the
penitentiary. So in this case, If the
finding should sustain the claim OF
the defense, Sherman will be sent tC
Warm Springs instead of to Deel
Lodge, but just as soon as he is pro
nounced cured by the asylum author
tiles, he will be sentenced, and serve
whatever term of imprisonment is
decided upon by the court. The most
that he can gain, therefore. is to &c
to the asylum instead of to the state
prison. This matter was gone over
in an informal way in chambers, and
at 1O:35. Judge Cheadla appeared in
court, and after disposing of some
other matters, took up the Sherman
case.
The defendant had entered the
court room with the officers prompt
ly at 10 o'clock, and the wait of ovel
hal an hour was evidently irksome tt
him. He looked at his watch a couple
Of times, and after taking his sea-
between his father and aunt, sat fol
the most part with his eyes downcast
He smiled to some acquaintances as HI
entered. greeted his relatives and ther
remained mute, scarcely moving {
muscle until the court said:
James Sherman, stand up"
When the defendant arose. a flusf
gradually spread over his face, ant
he showed signs of nervousness.
"An information has been filed il
this court" said his honor, "charg
ing you with murder. You have beer
tried by jury in this court and fount
guilty of murder in the second de
gree. Have you anything to shov
why sentence should not now be pass
ed upon you?"
Il desire to show" said Mr.. Hun
toon, "as against the judgment, tina
the defendant is at this time insane
and base this upon the affidavits o
the Drs. Wilson, filed herein, ant
with which your honor is familiar"
| Continued Until Saturday.
| "On account of the affidavits of tn
two physicians as to the insanity o
the defendant, the court will continu
this matter until Saturday at p. n
In the meantime, the court will RI
quest the opinion of persons as to tn