Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-16
SHERMAN SEEKS
ANOTHER TRIAL
Attorney John c. Huntoon Files No.
tice Of His Intention and Speci-
fies Six Grounds.
MISCONDUCT OF THE JURORS
One Of the Causes Given as Basis for
Motion-Sherman Interview
ed at Butte.

60 at 0UIISs
]. G. HuntoOn, attorney for James
Sherman, now serving life term in
the penitentiary for the murder of
Samuel Studzinski, yesterday took the
preliminary step toward bringing the
matter up on a motion for a new trial
by filing notice of such intention. It
has been stipulated that the defense
shall have until aMrch % to prepare
and file his bill of exceptions, and the
motion is not likely to come up for ar
gument before Judge Cheadle much
before that time. Should the motion
not be sustained in the district court,
it is Mr.. Huntoon's intention to ap-
peal to the supreme court.
The notice is directed to the coun-
sci for the state and to the clerk of
the court, and is as follows:
The Notice.
you and each of you will please
take notice that the defendant in the
above entitled action, James Sher-
man, intends to and will move the
court to Vacate and set aside the YER
dict rendered in the above entitled ac-
tion and the judgment entered there
on, and to grant new trial of the
above entitled action upon the follow
ing grounds:
Il. That the jury has been guilty
OF misconduct by which fair and
due consideration of the case has been
prevented.
"2. That the court misdirected the
jury in matters Of law.
"3. That the court erred in the de-
cision of questions of law arising dur.
ing the trial of said action.
-. That the verdict is contrary to
law.
"5. That the verdict is contrary to
the evidence given on the trial OF said
action.
Is. Newly discovered evidence ma.
terial to the defendant, which he could
not, with reasonable diligence, have
discovered and produced at the trial
of the above action.
"This motion will be based upon the
files and records and minutes Of the
court in said cause, bill of excep
tions to be hereafter prepared, settled
and allowed and affidavits to be here
after served and filed in the said &C
ton"
Interviewed in Butte.
On his arrival at Butte, on his way
terviewed by the reporters of that
city. The Inter Mountain says:
"A tall, fleshy-faced youth, whose
ly covered by the callow beard of ado
the bars of the big cage at the county
swered the questions of an interview
or. The boy was James Sherman
and he was bound for the penitentiary
to begin a life sentence for murder
although barely 10 years old.
"T was 10 last Sunday" the youth
replied, when asked his age.
HE is the youth who murdered an
old Jewish peddler and storekeeper
Samuel Studzinski, at Lewistown
Mont, and who was recently tried and
convicted of murder in the second de
gree, and given life term in the pen
itentiary. Sherman has very large
full brown eyes, and his features are
not bad. He has the Jail pallor from
confinement, and his expression o1
face is listless and his movements
lethargic.
Sherman was asked a number ol
questions and his answers indicated
rather low intelligence. He was ask
ed If his lawyer would make any eff
fort to secure a pardon, and he re
piled:
"I don't know
well, he will take an appeal?
eyes
Didn't he try to secure a writ o.
probable cause and keep you in thu
Lewistown Jail while the appea was
pending?'
"I don't know. He didn't tell me.
"'How long does the lawyer expec
it will be before the supreme cour
viii! pass on the appeal?'
"'I don't know
"'Do you think you had a fair trial ?
"'No; I don't think l did, he re
piled; but did not offer to say where
in he was dealt with unfairly.
"His defense was insanity. His an
swers today were rational and ther'
was no evidence of insanity in hi
manner. He was not excitable or dis
turbed or erratic in any way that coult
be observed. Sheriff Slater brough
him to town, leaving LewistOwn Mon
day morning and staying at Helena
last night"