Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-06
INSTRUCTIONS
OF THE COURT
Given by Judge Cheadie Yesterday
Morning In the Case Of James sher.
man, Charged With Murder.
NUMBER OF NEW FEATURES
Undue influence and the Confessions
The Claim Of nsanity-Defense
Of an Alibi.

The instructions given to the jury
by Judge Cheadle yesterday morning
in the Sherman murder case formed
an unusally able charge, in the opin-
ion of lawyers and covered some new
propositions in murder cases there
never before having been case ex-
actly like this in the history of the
county. In addition to the usual in
structions on the ordinary features,
Judge Cheadle gave the following in
structions on the special features:
As to Voluntary Statements.
IF you find from the evidence be-
yond reasonable doubt that after
the defendant went to the county Jail,
he made any statements or confes-
slons can be considered by you in ar
irving at your verdict, you must be
satisfied by the evidence beyond a
reasonable doubt that such statements
were voluntarily made by the defend
ant, and were not obtained from him
by means of duress or undue infiu.
ence, or were not made with the hope
1AuuCcu NY uuuue influence OF uurcSS,
of bettering his condition.
IF such statements Or confessions,
If any were made, were not voluntar-
lily made upon the part of the defend
ant, but were obtained through duress
or undue influence, or by creating
hopes that his condition would be bet
tered, you should disregard them, and
the court instructs you so to do. Or,
If hovo q h10 d0p,ht r.,
whether such statements or cOnfes-
sions were made voluntarily and with
out duress or undue influence, or in
hopes of lettering his condition, if
any statements or confessions were
made, you should give the benefit of
that doubt and disregard such state
ments in arriving at your verdict"
Circumstantiai Evidence.
In relation to circumstantial evi.
dence. the instruction was:
1T is not necessary, to warrant the
conviction of the defendant in this
action, that the state prove the com.
mission of the killing of the deceased
by the testimony of an eyewitness
The fact that the defendant is guilty
of the offense may be established by
circumstantial evidence, but, in order
to convict the defendant of the offense
with which he stands charged, or any
included Offense or degree thereof
each material fact and circumstance
necessary to complete the chain OF
evidence to fasten the guilt upon the
defendant must himself be distinctly
and independently proven by compe.
tent evidence beyond a reasonable
doubt, and all the facts and circum.
stances of the case taken together
must not only be sufficient to satisfy
the minds of the jury of the guilt OF
the defendant, and if this has not
been done to your satisfaction beyond
a reasonable doubt, it is your sworn
duty to acquit the defendant"
Possession Of the Property.
AS to the possession of the property
alleged to have been taken from Stud
zinskis. the instruction was:
"You are instructed that the pos
session by the defendant of property
belonging to Samuel StuKlzinski, il
you are satisfied beyond reasonable
doubt that the defendant had in his
possession property belonging to said
Studzinski at the time of his death
does not. of itself, raise any presump
tion of the guilt of the defendant Of
the crime of murder, but may be taken
ny you anu COuoIuCICu dS d ClICul1
stance. if you find he had such pos
session, to be considered with all the
other testimony in the case.
"You are instructed that there is
no direct evidence, outside of the al
legged confessions of the defendant
that the deceased, Samuel Studzinski
at the time of his death, had in his
possession any of the property fount
under the Argus office, or the property
delivered to Deputy Sheriff Silver
thorne by the defendant. You are
further instructed, however, that there
is some circumstantial evidence in The
case touching this matter, which ma.
be considered by you and given sucf
weight as you think proper"
The Defendants Alibi.
Regarding the defense of an alibi
Judge Cheadle's instruction was as fol
lows:
"The defense in this action has in
troduced evidence that the deceased
was seen alive some hours after tn
defendant, in his confessions, is alleg
cd to have stated that he had beel
killed. and has introduced further evi
dence that at the time the witnesse
Race, Peterson and Desey say the.
saw the deceased alive, the defendan
was at home in bed This is know
in law as an alibi. You are instruct
. cd that the defendant, in order t.
make the alibi a perfect protection t.
himself, does not have to prove i
beyond a reasonable doubt but it i
sufficient if the defense of the alb
, raises in the minds of the jury. or an,
of them, a reasonable doubt upon tha
point. In such case the defendant i
entitled to the benefit of that rea
sonable doubt and your verdict shoul
he not guilty
Inducements to Confess.
AS to any inducements to confes
and it's effect on the testimony as t
the confessions, Judge Cheadle said
IF you believe that the defendan,
by reason of any statements made t
him or in his presence by the count