Fergus County Democrat., 1906-02-13
LIFE IMPRISONMENT
Judge Cheadle Imposes the Extreme Penalty Under the
Verdict for Murder Of Samuel Studzinsk.
The Courts Remarks.

James Sherman, convicted Of mur.
der in the second degree for the mur-
der Of Samuel Studzinski, on the night
of August %, was on Saturday after
noon sentenced by Judge Cheadle to
life imprisonment, the extreme pen
atty under the verdict. There appears
scarcely room for doubt that the law
will now take its course, and that the
judgment will be carried out although
cousel for the defense is expected to
make the usual motion for new
trial.
GREAT CROWD PRESENT.
The court room was packed Satur-
day afternoon at o'clock. Sherman
was attended by his father and aunt.
and J. G. Huntoon, his attorney. With
out trace of nervousness, Sherman
arose when instructed to do so by the
court, and scarcely moved during the
somewhat extended remarks by the.
court, and afterwards spoke cheerful
ly to a number of old friends as he
passed out Of the court room.
SENTENCE NOT A SURPRISE.
Ihe severity of the sentence was
hardly surprise to those who have
carefully followed the course Of the
trial. It is apparent, from the courts
remarks that he considered the evil
dence such as proved the defendant
guilty of murder in the first degree or
innocent Of the crime. With that be-
lief, Judge Cheadle could hardly have
done less than give Sherman the ex-
treme penalty for murder in the second
degree.
less than give Sherman the extreme
penalty for murder in the second de-
gree.
JUDGE CHEADLE'S REMARKS.
In passing sentence, Judge Cheadle
said:
Upon the filing Thursday morning
by the defendants counsel in the case
the state versus Sherman of a cause
why judgment should not be pro-
nounced against Sherman, on the YER
dict heretofore rendered in this case
the court postponed passing sentence
and the ruling upon this cause shown
until o'clock of this day.. Appended
to the written statement of the cause
why judgment should not be pro-
nounced upon the verdict in this case,
were the affidavits Of two physicians
that the defendant is at this time in
sane. The interposition of this objec-
tion was the cause of some embarrass-
ment to the court. During the trial
the defense had disclaimed the pres
ent insanity Of the defendant, and the
two offidavits appended to this written
cause seemed to require the further
consideration Of the court. The law
is plain on this point, and is explained
in two different sections slightly diff
fering in wording. The court is per-
fectly free to say that he does not
profess to know any 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 proper cause for the postpone
ment of sentence in this case. Never
theless 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
as to this young mans mental condi-
ton at the present time. After the
adjournment of court on Thursday the
judge of this court personally request
ed every regularly licensed and prac-
ticing physician in this town, with the
exception of the Drs. Wilson, whose af-
fidavits We're already filed, to make an
examination of this defendant and to
report to the court their opinion of
his insanity. All of the doctors re-
sponded to the request that they would
do so; all of them have but one. l
There are nine affidavists filed here, or,
rather, handed to the court These
gentlemen do not appear as witnesses,
either for the prosecution or the de-
fense. 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 the defendant.
Every one of these nine affidavits ex-