Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1906-01-02
JAMES SHERMAN BOUND OVER
TO THE DISTRICT COURT
PRELIMINARY EXAMINATION ntlD BEFORE JUSTICE WILLIAM MCfAR-
LAND LAST SAIURDDtFtNCt DID NOT EXPOSE nAND-PR,sON-
tR MAINTAINS CALM AND UNDISTURBtD DtMfANoR.

S'"hceS "nich nave already been made
pubic, led him to the belief that
sherman knew something of the gods
peihg cached under the Argus build
ing. Sherman was told to go to the
Sherlffs office on Friday. Dec. 10th.
ostehslbly to deliver package. Wit
ness was one of those present when
Sherman walked into the office of the
sheriff. Witness first cross examined
Sherman with reference to the hair
bride and other matters connected
with the affair. Sherman first said he
received the bride from Paul Lewis,
IN Wyoming, but later said he was "
ing as to that and that he really got
the bride and watch from Alex Nc
Coy. the colored janitor at the Argus
Office. Witness also stated that when
he asked the employees of the Argus
Office to turn in their keys, Sherman
gave him duplicate. Witness said
that the cord found around the neck
OF Samuel Studzinski was such as
comes wrapped around bundles of
print paper and that he had never
seen any Of 1t outside the printing Of
fces of the town.
This witness was cross examined by
Attorney Huntoon but nothing new
was brought out by the defense.
At this point adjournment was taxi
en for the noon hour. Court recon
vened at . o'clock and Mr.. Butler
the Kendall merchant, was put on the
stand. He identified the watches as
having belonged to Studznski
Sheriff Slater was then put on the
stand ana gave in detail. the confess
slons Of Sherman, made to him i'm the
county Jail. Undersheriff ED Martin
was also placed on the stand and was
one OF the states best witnesses as he
has been working hard on the case
since II first developed and was ac-
quainted with every detail Of the az
fair. He told of finding the cache, get
ting out the goods and Of the circum-
stances leading Up to the suspicion
against young Sherman. Also Of the
| confessions made and other matters
| which have been fully brought out and
| given to the public In previous issues
OF this paper. Deputy Sheriff Silver
thorne testified to substantially the
same set of facts that Martin gave.
The state rested its case announce
ing that they believed that sufficient
testimony had been given to hold the
prisoner to the district court.
Attorney Huntoon for the defense
called Undersheriff Martin to the
stand and started to question him, but
at this point the attorneys for the
state insisted that the stenographer
I, be instructed to make a note that the
witness was called in behalf of the de-
| fense and that the defense should be
bound by his testimony A discussion
here arose as to the sufficiency Of the
evidence presented. Attorney Hun
toon insisted that the state should be
compelled to put In their fun case
while Attorneys Ayers and Belden
held that they had to put on only suf-
fcient to prove probable cause. Af-
ter some Wrangling, the attorney for
the defense moved that the charge be
dismissed because of lack Of evidence
to hold the prisoner but the motion
was promptly overruled by the court
who bound the prisoner over to APP
pear before the district court for trial
on the charge of murder i'm the first
degree.
Throughout the proceedings Sher-
man sat by the side of his father back
near the railing and a stranger would
have had IA difficult time telling him
from any of the spectators. He listen
ed closely to the testimony but even
WITH uIleI'It NitIeSSeS utStIlDeu lIc
horrible condition of the old man and
spoke of the blood and brains spat-
tered over the little cabin floor. Sher-
man never changed color. At times.
he rubbed his hands somewhat nerv-
ously but was very little disturbed so
far as anyone was able to determine.
A. the conclusion of the case, he
laughed with some of his acquaint-
and i1h a,lye To
the size of the crowd and the fun"
which they had been having all day.
AS he went out he was as composed
as when he entered and smilingly ac-
knowledge the salutes of former
friends
Taking his attitude as whole Sher-
man has again proven good his unen-
viable distinction as one of the most
remarkable criminals ever hauled be-
fore the bar of justice. He is either
totally depraved or possesses nerve
beside which that of Jesse James, Cole
Younger and other desperadoes pale
into insignificence. 1t remains to be
seen whether he will be able to MAIN
tain this sort of front during the long
trial which will determine his final
fate. This trial will be held probably
during January as there will be
jury term of the district court at that
time. Attorney Huntoon did not clear
ly indicate exactly what the defense
will be. From the manner in which
he cross examined several witnesses,
he will attempt to prove that, mas
much as Sherman made number of
confessions which are considered false.
there is no reason why his last con-
fession should be believed Whether
he will attempt to prove the young
man insane could not be gathered
from the defense put UP at the pre-
liminary hearing.