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

it was made. the deceased had been
dead from 80 to SO hours.
DR.. F. F. Attix, the coroner, describ.
ed at length the wounds found on the
body. and said that death resulted
from the combined effects of the blows
upon the head and strangulation, pro-
duced by the cord. being tied about
Studzinski's neck. 4 He stated posi-
lively that the wounds on the head
were inflicted before death, as shown
by the amount of blood from them.
The cards found on the bare breast
of the deceased and on the stove in
the Studzinsh place. bore the legend
*. c. No. IT," DR.. Attix believed
them to have been made by the per-
son dipping his finger in blood. and
then writing them.
o. l.. Bryant testified that on Thurs
day morning. Aug. "a, he left small
package of meat for the deceased in
front of the Studzinski house, placing
it on a box. The next morning, Fri
day. in driving by the place, he MOTTO
ed the package was still there. A
short time after that the body was
found,
Sheriff l.. p. Slater testified that he
last saw StudZinski alive on the very
evening that he was killed, Aug. %.
The sheriff was coming up town from
the depot. Having arrived on the train,
and as he reached the StudZinski cor
ner, the deceased came out and chat
ted with him. He told of breaking
into the cabin after the discovery of
the body on the morning of Aug. 25,
and examining the body. The sheriff
stated that he saw in the place at
that time an ordinary carpenters ham,
mer and this bit of testimony is re-
garled as important, in view of the
statement made by the defendant in
his confessions to the effect that the
hammer he used in killing the aged
jew was lying on the table in the place
when he went there.
Testimony as to Confessions.
The most important stage in the
case was reached fere. j. H. Atkins.
of the Golden Rule Store. being called
by the state to testify as to a state
ment or confession made by the de-
fendant to him on Dec. 81, in the
county jail 1t was well known that
the defense would make a hard fight
over the admissibility of this evidence
but one was prepared for the remark
able and, indeed. sensational turn af.
fairs were to take.
Mr.. Huntoon first objected to Mr.
Atkins testifying at all, on the ground
that his name did not appear on the
| copy of the information served on him
1t was then brought out that Mr.. Ak
ins was subpOenaed as one of the wit
nesses included in the list allowed by
the court in excess of the number al
lowed by statute. after the informa'
tion had been filed. The objection
| was Overruled, and an exception noted
Mr.. Huntoon next objected to the
witness testifying as to the confession
unless it was first shown that the con-
fession was a voluntary one. The
state at once offered to qualify Mr.
Atkins on the point, but Mr.. Huntoon
insisted that this should be done to
the court in the absence of the jury
Judge Cheadle did not think the OBJ
| lection well taken, but as the state
had no objection, the jury was allow
ed to retire. and the hearing on this
collateral issue was begun. Mr.. Hun.
toon said he proposed to show that
the defendant had been under constant
duress and pressure ever since he was
arrested. until after these confessions
We're made and he was prepared to
prove this.
jeff Sherman on the Stand.
| Jeff Sherman. the father of the de.
| fendant. was called to the stand and
testified that upon learning of the ar
rest of his son Dec Is, he at once went
to the Jail, this being near 6 O'Clock in
the evening, He told the defendant to
| tell the whole truth about the mat.
ter and assured him that it would
be best for him to do So and that 1t
would help him on his trial. At var.
ious times. the witness had urged the
defendant to tell it all and finally
in one of these talks, the defendant
| confessed to the fact that he alone
| killed Studzinski. Mr.. Sherman said
| that his son told him County Attorney
Ayers had informed him that the court
| had said he would be as lenient as pos
sible if he would tell the truth, al
| though no promises could be made
All the members of the sheriffs staff
said the witness, as well as himself
| his wife and Mr.. Ayers had continu.
ally kept after the defendant TO tell
| the whole truth. II was repeatedly
stated by the officers and others that
| ii would be best for him to reveal eV'
erything. The defendant was taken to
sec his mother one afternoon. Mrs
| Sherman was lying on the bed when
the prisoner was taken into her room
At that time the mother said: This
| is not nv boy; YOU are not my son.
don't know you" Afterwards she said
that if he would get down on his knees
before God and confess TO the whole
truth. she would take him again as
her son. The defendant did as she
requested. the prisoner. said Mr.
Sherman. was never told that any
statement he might make might be
used against him, nor was he told for
several days after he had been in jail
that he was under arrest. being given
to understand that he was merely held
as witness. The defendant had also
told the witness that Mr.. Ayers had
said if he would come out with the
truth he would not get more than eight
or 10 years. During all this time. the
witness did not suppose that state
ments made by his son would be used
against him.
Court Takes Hand.
Rv this time. the unusual character
of the proceeding was beginning to be
understood. and every word was fol
lowed with most intense interest
Judge Chea.ile. who was mentioned
bv the witness. although this part o.