Fergus County Democrat., 1906-02-13

THESE tnlngs In your experience dNt
serves the highest commendation anf
the warmest esteem FROM all those
VINO have ever known you. and the
iact that young man of your preyi.
Gus reputation and habits should have
fallen into the commission of the tar.
fiDle act OF which you have been con-
Victed mas been a profound surprise
ana cause Of deep grief to every one
VINO mas known you, and to vour
iriends and relatives. This court feels
that you have been fairly tried. The
court mas, at least, endeavored 70 give
You the benefit of every doubt, to see
that every right Of yours was diligent- :
ly preserved. Your counsel has shown
great zeal, diligence and ability The
court IS unable to see how you could
nave peen more zealously or more eff
fectlvely defended by any person than
you have by the counsel who has "a.
iehded you in this trial. The jury was
selected with careful attention to their
r quallf1cation as to fairness. and tho
same care has been displayed through-
out every stage of the trial by eyery
one connected with it. The court does
not believe that any one concerned in
this trial has had the slightest desira
'o take any unfair advantage of you:
70 nave one syllable of testimony ad-
mltted that was not legal. or in anv
way TO put you at disadvantage in
the trial which has just closed, Under
the law of this state the court felt if
| incumbent upon him to instruct tba
jury that they might find you guilty.
OF murder in the first degree, of mur-
DER IN the second degree, or not guilty..
There was doubtless evidence which
would justify verdict of murder in
the first degree or a verdict of nor
guilty. The court himself is unable to
see the logic of a verdict of murder in
the second degree in this case, II
would have been error not to give the
jury the privilege or rather the DUTY
OF passing upon this point, and by his
reanafkes the court does not mean to
imply the slightest censure of the iurv
He does not doubt their entire consci.
ehtlousness in the discharge of their
duty, but fails to see the reason why a
second degree sentence should have
been imposed instead of a first deeree
sentence or an acquittal. 1t was the
duty of the jury to pass upon the oues-
ton of your guilt or innocence. That
duty has been performed by them. and
1t only remains for the court to fulfill
his duty by imposing the sentence up-
on you which the law requires.
1t is the judgment of this court that
You be remanded to the custody of the
sheriff Of Fergus county, and be by hm
conveyed to the city of Deer Lodge
and there delivered to the authorities
OF the state penitentiary of the state
of Monana, therein to remain in close
confinement and at hard labor for the
term of your natural life.
A few minutes later Sherman was
back in his cell in the county jail. His
attorney, Mr. Huntoon, in reply to a
question, stated to the Democrat that
ne expected, at the proper time, to
move for a new trial.
JUST NINETEEN YEARS OLD.
Sherman's birthday fell on Sunday.
He was nineteen years old What re-
hection this occasion brought to this
self contained young man will never
be known, but it is hardly possible
that the contrast in his condition
Drought about in one short year
should not have occurred to him. One
year ago he was looked upon as about
the best example to be found for the
young of this city to follow. Holding
good position, with the certainty of ad-
Vancement. enjoying the absolute con-
ndeuce of all who knew him, and pos
sesslhg extraordinary ability, his fu-
ture seemed all sunshine. On Sunday
ne round himself condemned to impris-
ohment for life. He had, according to
MS statement, already commenced to
saihpie a year ago, but the habit was
not hXed upon him. He let it grow and
III few months committed his first |
crime. He had lost all his available |
'''sh over the gaming table, and in
order to get more, broke into Joseph |
store, on Main street 1t