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

ltc appearance SATURDAY since MS ar
rest on Dec. 15 on the charge of MUIR
der. The intense interest taken by
the public in the case was shown by
the great crowd in attendance, the
spectators completely filling the dis.
trict court room, even the aisles being
packed with men who stood through.
out the proceedings at both morning
and afternoon sessions. There was
a sprirkling of ladies among the spec
tators.
Freshly shaven. his hair neatly
combed and his shoes polished, Sher-
man entered the court room shortly
before 10 O'Clock in charge of the
deputy sheriffs. He looked neither to
the right nor the left until he was
within the bar of the court, when ne
glanced around curiously, smiled at
some friend and dropped into a chair.
Throughout the hearing his demeanor
was one of absolute calm. For the
most part he sat with his eyes down.
cast, yet he followed the proceedings
closely, and smiled several times at
answers given by the witnesses. The
prisoners father occupied a chair next
to him during the day.
At the close of the arguments, Judge
Mcfarland announced that the defend
ant would be held for trial on the
charge OF murder in the first degree
but the crowd in the court room did
not move. The spectators were there
to see James Sherman and evidently
did not intend to leave until they had
seen him face to face. At last the
officers led him through the crowd
ed aisle and a moment later the room
was empty, the curiosity of the public
having been satisfied.
Refuses to Plead.
Shortly after 10 o'clock Judge Nc
Farland announced that he was ready
to proceed with the preliminary hear
ins of James Sherman, and County
Attorney Roy E. Ayers asked that O.
w. Belden be entered as associate
counsel for the state.
John G. HuntoOn, attorney for the
defense, waived the reading of the
complaint and stated that Sherman re-
fused to enter any plea. These for
malities disposed of, both the state
and the defense signified their readi-
ness to proceed.
The First Witness.
j. w. Luton was the first witness
called. He explained that Studzinski's
mail used to come in his box, and
witness was in the habit of taking let
ters to the old Jew each morning.
The witness was out of town just
prior to August 25, last, but at s
O'Clock on the morning of that day
he called, and knocking on the door.
! received no response. He then look
ed through the glass that was set in
the door and saw Studzinski lying
on the floor. The window was so
! dirty that it took some time to make
it all out, but he finally concluded
that Studzinski must be dead. He at
once went for an officer and found
Marshal Marion l. Burke, and Sheriff
Slater was then summoned. The lat
| tel forced the door and the witness
went in with the officers. Nothing was
disturbed at that time, and little
later, the witness went into the place
with Coroner Attix and the officers
Mr.. Luton explained the interior ar
rangements of the room at some
length, and said Studzinski was &C
customed to sleep upon sort of mat
tress made by filling a wool sack with
a stuffing. The bed had not, appar
emily, been made up at all on the night
Of the murder, but the improvised
mattress had been searched, as had
everything else in the room. Mr.. Lu
ton said he had never seen any dia
monds about the place, but Studzinsk
had once said to him that he mac
such valuable gems, and that il 9
man came who wanted them and was
prepared to pay what they were worth
he would produce them. The witnes;
believed these gems were kept in the
trunk, although he did not know tina
such was the case.
o. L. Bryant testified that he was ir
the habit of taking a small package
of meat to Studzinski every day or so
On Thursday morning, Aug. 81, he tool
such package to the place. HI
knocked, but got no response, ant
left the package on box near tht
door. The next morning, Aug. 25, ir
passing the place, he noticed that this
package was still on the box neal
the door, where he had left 1t.
Testimony Of the Undertaken.
! Undertaken George r. Creei toid o.
. being called to the Studzinski place
on the morning the body was found
. and of preparing 1t later for burial
y, IL doing so he found a small ropl
drawn tightly about the neck of thu
deceased. Mr.. Creel described tn,
wounds on the head.
Coroner on the Stand.
| Dr.. F. r. Attix. coroner, was mex
called, and told of the condition o
the body when he first examined /
on the morning Of Aug. 26. He wa
positive the body had been dead NOR
than ~ hours. He described tn
wounds. and said that those on tn
head consisted of three wounds, q
shown by the injuries to the scalr
Two Of the wounds we're very clos
together, and while the scalp showe'
the marks Of both, the skull wa
crushed in continuously. giving 1t tn
appearance Of one wound. Highe
up on the head was a third wound
All these wounds were made witt
some blunt instrument. The docto
was able to state that Studzinski wa
killed in the room where the bod
J was found. and that the body had beel
moved after the blows were deliver
ed. He found upon the barred ches
of the deceased card On which ha
J been written in blood the character
! TX. c. No. IT," This was written i
blood. and apparently the writer ha