Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-06
VERDICT RETURNED In THE SHERMAN CASE
Remains Uuti Nearly Midnight Although
en-Defendant Hears His With
Court-Cosing Notable
eandJ nforDe

first place. 1t might have been given
to him by the real thief or the actual
murderer some person other than the
defendant. might have cached it un-
der the Argus building. The large
knife found on the floor of the cabin
was dwelt upon at some length by Mr.
Huntoon, who was inclined to think
! that the murder was committed by the
man who stole this knife. and that
the knife was probably the weapon
/ used. The speaker did not consider
that there was any murder in the sec
ond degree in the case. 1t was either
murder in the first degree or an ac-
quittal. Mr.. Huntoon said the verdict
| meant much to this boy, and he be
sought the jurors not to make any
mistake about it. If he should be con
| victed and hanged, and then at lat.
er period others should be found guilty
of the crime, it would be too late for
them to rectify the error. He invited
| them to draw their own conclusions
from the fact that the defendant had
not been placed on the stand. and to
remember in that connection that
Sherman had not given the defense
the slightest help in it's efforts in his
behalf. Don't hang man upon his
delusions, brought about by a cloud
ed brain," said Mr.. Huntoon. "Now
| gentlemen. leave the case with you
7 ask you before you bring in a YER
dict of guilty, to weigh carefully all
the testimony in the case and all
have said. May God be with you dur
ing your stay in the jury room and d.
rect your consideration of the evi
dence, which certainly must be suffi
cient to create in your minds a rea
sonable doubt as to the defendants
guilt"
Closing Argument by Mr.. BeIden.
The closing argument for the state
was made by o. w. Belden. who spoke
for an hour and half. He at once
took up the two defenses-insanitS
and the alibi. He reviewed the evi
'lence closely in combating both OF
these theories, marshaling up the
facts in a calm manner and meeting
Mr.. HuntOOn's claims with the deduc
tions to be drawn from the known
facts. The alibi, he insisted, amounted
to nothing when submitted to scrutiny
and comparison. 1t vanished into thin
air under Sherman's own explanation
and there was really nothing left ex
cept the plea of insanity. AS to that
Mr.. Belden said that if the defendant
was insane. then he had the most
peculiar delusion ever before exper
fenced by man in this world. If he
was sane, then the confessions were
true. AS matter Of fact, no insane
man could ever have made the confes
sions, setting forth all the details o.
the crime, which could not possibly
be known to any person except the
man who committed the crime. II HI
committed the murder. he should pay
the penalty of death for his crime.
Mr. Belden said that when a mar
was confronted by such facts as ex
listed in this case. it was time for hin
to do something in his defense. The
defendant had done all that could bt
done by him-he had pleaded insanity
OF course there were some disagree
able features connected with the case
AS usual, the man who was reall,
guilty was not the real sufferer. an,
he would gladly eliminate from th'
case the xufferings of those who hel.
the defendant near and dear. It wa
most unfortunate. but it could not b.
helped. Old Samuel Studzinski's lif
was summarily snuffed out on Aug. 2:
and the man who committed that tel
rible crime had forfeited all right t
live. The state of Montana locke
to them to see that if the defendan
was guilty, he should pay the penalty
Society had the right to be protected
and sOciety's protection was twelv
men sitting as inrv in n case Of thi
character.
THAT was terrible crime commit
ted down there" said Mr.. Belden, il
closing, "and the man who COMMITTEE
it is on trial before you. If though
he was insane l would be the last mai
TO come here and ask you to convic
him. But as the case stands. he mus
not escape the terrible penalty whicl
the law exacts. We expect you to re
turn such a verdict as will prove a per
petual rebuke to any nah who woul'
commit murder. The sympathy yo1
feel for those who are bearing tn
real brunt of this affair must not swa,
your verdict. which must be returne'
in accordance with the law and TIM
: evidence in the case"
Friday Afternoon.
DR.. Harry Wilson took the stand a
} the beginning of the session Friday
and testified to the same effect a.
DR.. II. II. Wilson, stating that the de
, fendant. at the time witness talket
|, 20 him a few days before the trial
was evidently suffering from paranoia
form of insanity in which fixed de
lusion was a prominent feature Th'
witness defined various phases of in
sanity, and replying to a direct ques
tion. said that ne believed the de
fendant was insane at the time TIN
talks were held with the doctors 70
the defense. He believed the defend
, ant was insane because of the varia
tions in his story, especially with re
gard to the amount of money he ha'
taken. The defendant at one time toll
witness that when ne first went +
J Studzinskis place on the night o
Aug. %, the Old man was not there
and that he walked toward the depo
: and met him and that they stopped il
! at Ed. Taylor's and talked with tina
gentleman before going on in to Stud
r zinski's. Sherman. in another tall
said he went into TaylOr'S and waite.