Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-13

so completely taken possession of
him that. as last resort, he was
willing to shed blood to obtain the
means to crafty his ungovernable
passion.
Judge Cheadle entered the court
room promptly at o'clock, and upon
taking his seat, at once proceeded
with the case. His honor said:
Sentence is Passed.
Upon the filing Thursday morning
by the defendants counsel in the
case of the state versus Sherman of
q cause why judgment should not be
pronounced against Sherman on the
verdict heretofore rendered in this
case, the court postponed the pass
ing of sentence, and the ruling upon
this cause shown, until four o'clock
of this day. Appended to the writ
ten statement of the cause why judg-
ment should not be pronounced upon
the verdict in this case were the af.
fidavits of two physicians of this
place. setting forth their belief that
the defendant is at this time insane.
The interposition of this objection
was the cause of some embarrassment
to the court. During the trial the
defense had disclaimed the present
insanity of the defendant, and the
two affidavits appended to this writ
ten cause seemed to require the furth.
er consideration of the court. The
law is plain on this point and is ex.
pressed in two different sections,
slightly differing in wording, but sub
stantially the same in meaning. One
OF the sections sets forth that the
defendant shall not be sentenced II
there is reasonable ground for be-
licving him to be insane. The other
section applicable to this matter sets
not be sentenced II doubt arises
as to his sanity. The court is per-
fectly free to say that he does not
profess to know an, more about the
mental condition of persons than any
other layman. Without the affidavits
of these two doctors, it would never
have occurred to the court that this
was a proper cause for the postpone
nent of sentence in this case. New
ertbeless. justice to the defendant
seemed to require the court to make
further investigation of this matter
and to inform himself as fully as he
might with the means at his disposal,
dillon at the present time. After the
adjournment of court on Thursday,
the judge of this court personally re-
quested every licensed and practicing
physician in this town. with the excep-
tion of the Drs. Wilson, whose affidav-
its were already filed, to make an ex-
animation of this defendant and to
report to the court their opinion of
his sanity.
"All the doctors responded to the
request that they would do so; all
| of them have done so but one. have
been unable to see that one I sup.
pose he is perhaps absent from town
OH professional business. There are
nine affidavits filed here, or rather,
handed to the court These gentlemen
do not appear as witnesses either
fol the prosecution or the defense.
Their function is simply that of
friends of the court to enlighten the
court, so far as they can, as to the
mental condition of this defendant
Every one of these nine affidavits
expresses the opinion, set forth in
slightly different terms, that this
young man is sane at the present
time. Every one of them is basel
! l.,
two or three of them are based upon
more than one examination and visit
some of them upon, in addition to
acquaintance with the defendant.
These things the court has digested
as best he might. The court also
tent. some opinions that were given
l hn fri io1 pf ho
animation as to the prisoners san
fty extended down to and including
the 28th day of January. His state
conclusive, and the court does not
so regard it, of his condition at the
present time. When the court reflects
H. Wilson and DR.. H. X. Wilson, he
would have seen no good reason for
pOstpOning sentence on the ground
fendant at the present, and when,
in addition to this, he takes into con.
sideration the contents of these nine
affidavits, the judge of this court
cannot conscientiously say that he
sanity of this defendant. This opin.
| III: ID lul tIiCl OIL lCh6SAlCuCu W JuC
fact that the Judge of this court has
on two several occasions held inter
views of considerable length with
this defendant, and has diligently at
terded to his conduct, his appear
ance and demeanor during the course
OF this trial. This court would not
| willingly deprive any accused person
OF the slightest degree of protection
or right that the law bestows upon
him, but at the same time feels that
the duty of his office does not per
mi, him to defer a sentence or allow
it to be frittered away by any plea
tnat is not well-founded in fact and in
law. The court has also caused to
be- subpoenaed and has personally
examined with reference to the de-
fendant's mental condition, five per-
sons who have been intimately ac.
quainted with him for long time.
with this statement of the rea-
sons for his action, which the impor-
lance of this case seems to justify,
and perhaps demand, the court an
nounces that the objection to SEN