Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-01-30

w. j. ENSecOmDe mad very de-
cided opinion as to the defendants
guilt or innocence and was excused.
Hugh Green, of Gilt Edge, answered
all questions satisfactorily and was
passed.
William Skelton. of Stanford, said
he would not vote for conviction up
on circumstantial evidence. He was
excused.
B. J. Akerly. of Everson, had no pos
tive opinion regarding the case, and
was passed
Thomas Simpsons answers were
equally satisfactory. and he, too. was
passed
Frank Swanser said he had formed
an opinion both ways" but had no
prejudice against either side. He had
read the papers, but the reports did
not influence him. Mr.. Swanser said
ne was interested in the welfare of
both Sides" and both sides passed
him.
P. J. Irish was without any opinion
respecting the merits of the case. and
was passed.
S. P. Snider. of Gilt Edge. had known
Sherman and his parents for MANY
years. and had formed fixed opinion
on the merits of the case. He was
excused
Carl Anderson had heard and read
great deal about the case, but had
not formed any positive opinion re-
garding it, and would be able to nut
such an opinion as he had aside should
ne be chosen as juror. He was
passed.
A. l.. Lang, of LewistOwn, had a
rather slight opinion. which he would
be able to put aside. He was sure
he could try the case on the law and
the evidence alone. He was passed.
E. P. Stowell, of Gilt Edge, had
scruples against circumstantial evi.
dence, and was excused.
N. T. Smith had an opinion, but It
was not fixed and he would lay It en-.
tirely aside if accepted as a Juror. He
had some prejudice against circum-
stantial evidence, but If it was strong
enough. he would bring in a verdict
OF guilty upon it in capital case. He
was passed
At this point recess was taken
until $50 p. M, Judge Cheadle first
cautioning the jurors not to discuss
the matter among themselves Or with
outsiders.
| Afternoon Session.
Henry Montgomery, of Utica, had
no fixed opinion as to the merits Of the
case, but he did not favor circumstan-
tial evidence, although if strong
enough. he would convict upon it.
Robert Anderson had fixed opin.
ion and was allowed to depart.
j. w. Kearney was passed for
cause by both sides.
E. B. Hart, Of Garneill, mad a slight
opinion. but could put it aside and
bring in a verdict based entirely upon
the law and evidence. Mr.. Huntoon
questioned the witness at length, AMI
Mr.. Hart said he had some prejudice
which, in the absence of any evidence
IN behalf of the defendant, might re.
main with him. He was challenged
by the defense. but the court over
ruled it, after Mr.. Hart had more full
ly explained himself. To this ruling
Mr.. Huntoon had noted his first ex
ception.
William Jenkins had strong scrup
was excused.
! NJ. J. Aldrich, of Lewistown. had
no fixed opinion as to the case. and
was passed.
A. b. Lehman had decided views as
to the merits of the case. He was
excused
Perry McHugh was excused for the
same reason.
F. l. White likewise had a strong
opinion, and was soon out of the jury
, box.
j. H. Stanford had no fixed opn
ion as to the merits of the case and
was passed.
Thomas Merryfield had an opinion
! which was likely to remain with him
although he would try TO discard if
He was excused.
C. NJ. Kelly, Phil Laux and c. M
, Bair all had such opinions as dis
, qualified them
A. l.. Carpenter had most positive
objections as to circumstantial evi
dence and would not return a verdict
of guilty upon il. The court gave an
illustration to show that circumstan
tial evidence was often as conclusive
, as direct evidence, but the juror would
; not agree to any compromise on his
views and was excused.
]. C. Hauck was disqualified by rea
son of the opinion he had formed.
( John Collan,ler answered every
: question aceptably to both sides and
was passed.
| w. b. Shell, of Garneill, has a nix
| ed opinion as TO the merits of the case
| and was excused
F. J. Robinson thought capital pun
l ishment was morally wrong and was
excused. as was ]. J. Murphy. who had
dep and abiding objection 10 cir
2 cumstantial evidence.
| Jesse Samples and Joseph DieZisel
5 were both disqualified by reason o.
the positive opinions held by them.
: w. A. Hough, Of Lewistown. was
t passed.
Christ Schiling, of this city, nat
!, read all about the case, but had form
: ed no opinion with regard to il. He
:, was passed.
e p. F. Scott was excused because o
the opinion he had formed.
John Mabry had no fixed opinion
S and was passed.
:. F.. F. Tuttle's opinion of the cas-
was such that he was disqualified.
S Al. Bouchard had no fixed opinion
q as 70 the defendants guilt or limo
n cence and was passed.
s Charles He. Of Kendall, answere'
the questions satisfactorily 10 boil
d sides and was passed. but stated T,
e the court that he was sick with cold
d which semed TO be worse when he wa