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

tne testimony was purely hearsay
said: IF any duress is shown to have
been exercised to secure these confes-
sions, the court will give 1t full con-
sideration. But if every friend of this
young man on earth urged him to tell
the truth. l shall not consider that
| make this statement now because
told the officers Immediately after
the arrest that they must be very care
full to offer no inducement to secure
confessions. If, after having been SO
instructed by the court. Mr.. Ayers
used my name, want to know 1t. In
that case the court will have some
thing to say"
To Mr.. Ayers the witness said that
his son might have told him that the
county attorney said it would be best
for him to tell the truth in case 9TH
ers were implicated with him in the
crime.
The Court: Isn't it fact that in the
course of your many conversations
with the defendant, you at all times
urged him to tell the truth?
The witness: Yes. / did. I guess
everybody knows that.
The Court: And you incidentally
mentioned that it might be best for
him to do so?
The witness: Yes, my opinion was
LAT it wouid be best for him.
Defendant on the Stand.
James Sherman. the defendant was
then called to the stand, and this
many believe will be his only appear
ance as witness during the trial
Young Sherman walked brislly to the
stand and throughout the examina.
tion was perfectly cool and collect
ed. BY this time the interest in the
court room was so great that abso-
lutte silence prevailed. The witness
was to be examined only on the point
in issue as to duress and inducements
being held out, said Mr.. Huntoon. and
this was agreed to. Sherman said he
went to the county Jail on the morn
ing OF Dec Is, and had been confined
there ever since. For several days
ne supposed he was merely being held
as witness. and at no time was he
told that any statement he might
make could be used against him. He
first learned that he was actually
under arrest when he read it in the
Argus. after he had been in Jail a
week. His father told him the first
time he saw him to tell the truth, as
1t would be to his interest to do so
Witness first told his father that his
statement duplicating Mccoy was
true. His next statements were made
to his father, the sheriff and deputy
sheriffs, the county attorney and 9th
ers. It was on Wednesday night
he thought, that he first told his faith
er ne alone committed the crime. Lat
er he was taken to see his mother
who said, II don't know you; you are
not my boy"
Il thought that was kind of funny.
said the witness. "In half a minute
or so she said if would go down on
my knees and confess to the truth she
would live. I did so. On a Thurs
day morning talked to Roy Ayers In
my cell. He said ne was a friend OF
mine, and would do anything in his
power to help me if | would tell the
truth. He said if would do that
would not get more than eight or IL
years. l then told him the truth
practically as published later In the
Argus. No one ever warned me at any
time that my statements would be
used against me. I later made full
statement to the Argus, which was
published. The report was correct
had the talk with Mr.. Atkins after
talking to the Argus reporter"
Mr.. Huntoon: What influenced 70,
10 make these statements?
The witness: What Mr.. Ayers sait
to me. He impressed upon me tha
! might get off with eight or 10
RI CT
urday morning, | think. that Mr.. Ay
ers said the Judge had telephonec
or told him that anyone who was ar
rested in this case and would turr
states evidence would be shown len
iency. They all said that if | woul,
tell the truth it would be to my bene
fit.
The Court: Did Mr. Atkins tell yor
II would be best for you to tell the
truth?
The witness: No; he said my fathe,
had told him | wanted to see him.
did not want especially to see him
had said | wanted to see all these
people, but not Mr.. Atkins especially
The Court: Well, there isn't much
use wasting more time on this mat
ter.
Mr.. Huntoon: | would like to be
sworn myself
The oath was administered 10 the
attorney for the defense. and goinr
Oh the stand. Mr.. Huntoon said thai
one afternoon, after he had read some
of Sherman's confessions in the Ar
gus, Mr.. Ayres came 70 his office or
some other matter. The witness said
that in the course of general con
versation, he had asked the county
attorney how he had been able to Sc
cure the confessions from Sherman
Mr.. Ayres replied that he had told
the defendant that if he would con
fess. he would probaly get off with
or 10 years, and Sherman then made
his statements
Il will say further" continued Mr.
HuntOon, that acting on that infor
nation, went to see the defendant
at the jail. His recollection of mis-
talk with the county attorney was
very cloudy that day-a condition
quite frequent with him ever since
his arrest"
Sheriff Slater next took the stand
and stated to Mr.. Huntoon when Sher
man was first in the county Jail OF
Dec. Is, he tried to implicate McCo,
in the affair after the first talk.
told Sherman we would have to loci
him up" said the sheriff, But Mr.
Ayres strongly objected to this an,