Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-01-02

Couch. Sherman had previously made
statements duplicating these parties,
and he had also named as accomplices
two men who had never been arrest
ed. One of them was not in the
city at the time the crime was COM
mitted. He also named an entirely
fictitious person. giving him the
name of Davis. The witness said that
when he broke into Studzinski's place
on the morning of Aug. 25, after Mr..
Luton had seen the body through the
window. He noticed hammer lying
there. There was no blood upon it.
and nothing to indicate that it had
been used for the purpose OF killing
the old man. The hammer was turned
over to Mr.. Luton as administrator.
along with the other effects, and was
sold by him to Mr.. Parsons. Sheriff
Slater said he was not present when
the loot was recovered from under the
Argus building. but was present wien
| one of the guns, a watch and the bri-
| die were. taken from Sherman's
home, where they had been hidden by
| from another place were also found
there.
The state Rests.
Mr.. Ayers said the state had now
certainly offered sufficient testimony
to justify holding the defendant for
trial, and would rest.
| Mr.. Huntoon said the state ought to
introduce all the testimony it had.
"As it will not do So" continued the
attorney for the defense. Il will do
it myself. Call Mr.. Martin
Under Sheriff Ed. Martin then took
the stand, and testified to the finding
of the loot in the suit cases under
the Argus building, and it's recovery
by him. He said Sherman at one time
after his arrest, implicated the par
ties subsequently arrested and later
released.
| Deputy Sheriff Ed. Slverthorne
was next called by Mr.. Huntoon, and
al this point, Mr.. Belden stated he
wanted the record to show that these
witnesses were being called by the
defense so that the defendant would
be bound by their testimony.
| Mr.. Huntoon Objects.
| This called forth ii very decided OBJ
lection from Mr.. HuntOon, who said
he did not understand why the state
should not call all of its witnesses.
Surely" said he, "it cannot wish to
suppress anything. The court. in my
opinion, should compel the state to
put these witnesses on the stand.
Your honor well knows that the con-
fessions of the defendant are not
alone sufficient to convict him or bind
him over on"
The court: "The state has rested,
and any other witnesses called must
be introduced on behalf of the defense
1t is incumbent on the defense to in
troduce it's own witnesses. The court
is in no position to compel the state
to call other witnesses anyhow. and
doesn't wish to do SO. The state is
satisfied to rest, and that ends it so
far as the court is concerned"
Mr.. Huntoon: well, l don't think
l will bother with it at all, then. We
will excuse Mr. Silverthorne and
don't think l will show any part of
my hand. We have no evidence to Of
fer. But l am not satisfied with the
evidence put in by the state. and
object to the defendant being bound
over on it. The watch and the other
things may be taken as evidence Of
robbery, but not of murder. | there
fore make a formal motion that the
defendant be discharged, for the rea-
son that the state has not connected
cept through his own confessions"
Mr.. Belden: Il don't imagine your
honor will care to listen to any ex-
tended argument on this proposition,
since there can be absolutely no ques-
ton about It, We are here simply to
make a showing of probable cause.
and that we have done. fully. That is
as far as we have tried to go at this
time and that is all we are expected
to do"
Mr.. HuntOOn: "The confessions of
the defendant are not sufficient to
hold him on unless there is something
else to connect him with the crime.
1t appears that he made more than
one confession. Which one will your
honor believer"
County Attorney Ayers: There
was no confession, however. in which
he did not admit his own guilt.
Moreover there are other circumstan.
ces shown by the evidence at this
hearing to connect him with the crime.
How about the watch?"
Held Without Bail.
Judge Mcfarland here cut the dis.
cussion short by announcing that 1t
appeared to him that .he crime OF
murder in the first degree had been
committed. and that there was prob
able cause to believe the defendant.
James Sherman. was guilty. He there
! fore ordered that he be held to the
district court without bail.
This concluded the proceedings. but
scarcely q spectator moved. Every
one present seemed desirous Of get
ting a good look at the young defend
ant, and 1t was not until after the
officers had taken him from the room
that the crowd stirred.
1 Will be Tried in February.
1t is expected that the case will
be set for trial when the docket is
called this month. and that the trial
will occur about the middle Of Feb
ruary. Just what course the defense
will pursue is. of course. known only
to Mr.. Huntoon, and this may have
some bearing upon the time when the
trial is begun.
A DARING CROOK.