Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-02
INSANITY IS
THE DEFENSE
Continued from page H.

Oh any lenlency WnateVer SnerlH STAT
er. you remember that?'
Yes, answered the sheriff.
Mr.. Jeff sherman you remember
that?"
Yes" answered the prisoners faith
The Court: The confession to the
Argus, to Mr. Atkins to Sheriff Stat
er and to Mr.. Ayers, were all made
subsequent to this occasion The
court dislikes very much to refer to
it at all. but it appears to be necessary
in view of what has arisen. Before
the defendant made these confessions,
he had been soemnly informed by
this court that no promises could be
made to him. We will suspend here.
and l want to indicate my views. You
are all aware that the court did make
this statement, as clear a statement
as | was able to frame. Now the
question is whether these confessions
were made after this conversation with
the court or not.
Mr. Huntoon: They We're
The Court They were made then
with the previous full knowledge that
no inducement could be held out
The court desires to request all per-
sons in the audience to be particularly
may have taken place here this after
noon in any way that can reach the
jury. Anything further that the at
torneys may have to offer will be
heard in chamber at O'Clock in the
morning. and the public session of
the court will be at 10 O'Clock to-mor-
row morning.
Court then adjourned, and the crowd
OF spectators silently filed ont. all
deeply impressed with the remarkable
and dramatic situation that had, al
most without warning. arisen
Hearing in Chambers.
AT ocOck Wednesday morning
what little there was left in this con-
troversy was threshei out in cham
bers jeff Sherman was again called
ITO the stand the defendant, of course
being present, and reiterated some of
his statements of the previous after
noon. He stated that in one of his
confessions, the defendant had I'M
plicated one Harry Gervais in his
was after the conversation with The
court.
Mr.. HuntOOn followed with a brie
statement of his position in the mat
ter. Deputy Sheriff Silverthorna ther
fixed the time of the confession il
which the defendant admitted tt
Sheriff Slater that he alone was il
the crime as having been made Oh
Monday morning. The confession Il
Mr.. Ayers was made the next day
Tuesday.
Postmaster Pfaus testified that tn
confession in which Sherman tried t
implicate Harry Gervais was prior t
the conversation with the court. In
Sherman said that Gervais was i
with him on both the Studznsk mu
der and the postoffice robbery, an
that Gervais received most of the va
liable loot from the StudZinski crime
while Sherman took the larger pal
of the money stolen from the pos
office.
The court then stated informall
that the motion to exclude the con
fession would be overrule-l
In Regular Session.
The formal order overruling the ol
lection to Mr. Atkins testimony wa
entered at 10 o'clock Mr.. Huntoo
taking an exception. Mr.. Atkins the
testified that on Dec. p last, he sa
the defendant at the county Jail ha'
ing gone there in response to a r.
quest he had received. The defen,
ant told the witness that he alon
committed the murder and told no
it was done. sherman said he wer
to Studzinski's place several time
ostensibly TO negotiate for the pu
chase of a gun but really to get a
opportunity to rob the aged Jew. Til
Lot presenting itself on the night {
Aug. %, the defendant finally pickle
up hammer and hit the old ma
in the head three times. then fastene
the cord about his neck and after s.
curing what money he could find an
some vauables, left, taking his loo
to the Argus building, where he Gael
ed il under the floor
On cross examination. the wtnes
said Sherman was very calm in NAL
ing this statement and said nothin
about the cards left in the old man
place bearing the legend *. C. NJ
IL Sherman expressed no remors
except regret on account of his mott
er.
The Court: DID you urge the d
PENDANT to make a confession, or d
YOU make any threat?
The witness: I did not.
Halsey r. Watson stated that he he
known the defendant for about t.
years, and that Sherman was emplo
ed at the Argus as stock man al
clerk al the time of his arrest. IT.
defendant had a key to the erOul
floor of the Argus building. The W
ness stated that he was present VIII
UnderSheriff Martin brought out fro
under the Argus building the 81
cases containing the alleged StrlZ
SKI loot and identified the watch'
pistols and other articles found
that occasion, as well as other al
Giles found hidden about the sto
room later. The cord which W
found around the neck of Studzins
was shown the witness who stat
that it was exactly like cord receiv
al the Argus around bundles of PR
paper Mr.. Watson identified the h;
bride found in the defendants Pr
session as one Sherman had raffl
some time subsequent to the murd
Mr.. Huntoon: You have taken CT
siderable interest in this case, ha
you not?
The witness: I have. but am I
unfriendly to the defendant, and
ways looked on him as | would on
brother.
Undersheriff Ed. Martin told of fl
ing the suit cases under the AIRS
building and bringing them out.
stated that the bride found in Sh
mans possession at the time of his
civ J1ay To