Fergus County Democrat., 1906-02-13

| PRESSES the opinion, set forth in slight.
~ different terms, that this young
man is sane at the present time, Every
one OF them is based on personal ex-
animation, at least; two or three of
them are based upon more than one
examination and visit; some of them
upon' IN addition to these things, a
considerable personal acquaintance
| with the defendant. These things the
court has digested as best he might.
Inc court also takes into account, to
certain extent, some opinions that
We're given on the trial of this cause.
The examination of the prisoners in
sanity, extending down to and in
including the 2Sth Of January. His
statement at that time, Of course.
would not be conclusive, and the court
does not SO regard it, of his condition
at the present time. When the court
reflects that without the affidayits Of
pr. H. H. Wilson and DR.. H. X. Will
son, he would have seen no good rea
son for postponing sentence on the
ground Of the alleged insanity Of the
defendant at the present time, and
When, in addition to this, he takes into
consideration the contents of the nine
afhdavits, the judge Of this court can
not conscientiously say that he feels
any reasonable doubt as to the sanity
of this defendant. This opinion is
further strengthened by the fact that
the judge Of this county on two several
occasions held interviews of consider
able length with this defendant and
has diligently attended his conduct.
appearance and demeanor during the
course of his trial. This court will not
Willingly deprive any accused person
of the slightest degree of protection or
right that the law bestows upon him.
put at the same time feels he duty
of his office does not permit him to de-
fer a sentence or allow it to be fritz
tered away by any plea that is not
we'll founded in fact and in law. The
court has also caused to be SUBJ
poenaed and has personally examined.
with reference to the defendants men,
tai condition, five persons who have
been intimately acquainted with him
for long time
With this statement of the reasons
for his action which the Importance of
this case seems to justify and perhaps
objections to sentence is overruled.
At this point Mr.. Huntoon asked that
an exception to the ruling be noted:
Resuming, Judge Cheadle said .
James Sherman, stand up. An in
formation was filed against you in this
on January 10. charging you with
the crime of murder in the first de-
gree. To this information you pleaded
not guilty. You were subsequently
tried by jury Of this county and by
them found guilty of murder in the
second degree, the punishment for
your crime being left to the court.
Have you at this time any just cause
to show or legal reason to urge why
sentence should not be pronounced
upon you?
The Defendant don't, think so; no
sir.
The Court - James Sherman, the
judge of trial court is called upon to
perform great many painful duties.
This court does not recall any case in
which the inf1iction of sentence was
the cause of more personal grief to
him than is yours. You are a young
man who has grown up in this COM
munity from childhood; you are per-
sonally known to a large number of
those who have lived in Lewistown for
any length of time. Up to a short
act for which you We're tried, and of
which you We're convicted, there was
no young man in this community who
stood higher in the esteem of those
who knew you than you did. The
court himself has never known a
young man whose habits were appar-
emily better than yours, or whose con-
duct was more worthy of commenda-
ton. You were a bright Industrious
pupil in school; you have been faith
full and diligent in bbusiness since you
left school; your conduct as a son and
as brother has been exceptional. All