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

some further examination had that
Sherman was locked up. never made
any promise whatever to induce him
to confess. nor was there any threat
made. At the time | thought there
might be some one else in it, and
tried to get him to tell the truth On
Monday, Dec. 49, Sherman told me
that he committed the crime alone.
This was in the presence Of his
father and Deputy Sheriff Silver
thorne.
County Attorney on Stand.
County Attorney Ayres said that
he wanted to be sworn and testify in
regard to the testimony given by
Attorney Huntoon. On taking the
stand, Mr.. Ayres said that at the time
it was claimed some promise of lem
iency had been made by him, other
parties were in Jail, on Sherman's
statements, and he had said that, sup
posing others were in it, it would be
better for the defendant to tell the
truth. After Sherman had admitted
to Sheriff Slater that he alone com
mitted the crime. the witness went
to the Jail and asked him II that was
the fact. Sherman said it was and that
released and wanted to beg their par
don. At that time the defendant said
he wanted the men to whom he had
lost money gambling prosecuted.
I'm regard to his getting off with
S or 10 years, continued Mr.. Ayres,
Il simply informed him as to the de-
grees of murder and manslaughter
and told him what the penalty was.
f,
he could get off by pleading guilty
to murder in the second degree At
no time did urge him to do anything
except tell the truth because it was
the truth. Now as to Mr.. HuntOon's
statement. | was in his office one af-
ternOon after the Argus had been
printed, which contained one of
Sherman's confessions to the effect
that he alone committed the crime.
The paper was lying Onthe table, and
that is what started the talk. be-
lieve Mr.. HuntoOn made the remark
that if Sherman had not confessed.
the colored man would probably have
ben hung, and that Sherman would
have been let Off with eight or ten
years. never made the statement at
tributd to me by Mr.. Huntoon.
The Court-That leaves the ques-
ton between you and Mr.. Huntoon.
Mr.. Ayers--Sherman several times
asked that he be brought before your
honor, and on one occasion, / told him
it was best for man to tell the
truth, and not because of any leniency
that might follow.
Judge CheadIe Sheds Some Light.
When the proceedings had reached
this stage, they took another wholly
unexpected turn so far as those not
connected with the case were con-
cerned Judge Cneadle, in order to
clear the situation up, decided to make
a statement, which was, in effect. tes
timony. inasmuch as the court offer
ed to be sworn. His honor spoke
about as follows:
The court: think You gentlemen
will all remember that on a certain
Monday a request was brought the
Judge OF this court for permission for
the defendant to call upon the court.
After some hesitation the court
granted the request. Mr. Huntoon
was present in chambers when the
prisoner came in in custody of the
sheriff. Mr.. HuntOon withdrew to the
stenographers office. The prisoner
was before the court a considerable
time. 1t is not necessary to relate
here any part of the conversation
that took place except that which re-
lates to the sheriff's force and the
defendant. The court declined to lis
ten to any confession, and the pris-
oner asked the courts advice. The
court advised him to tell the truth,
but that the prisoner and all concern
ed must understand that there could
be no promises made in the case; that
there was only one person who could