Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1906-02-06

I defendant has used scores Of times
during his four years acquaintance
with the writer. 1t was not the voice
of utter depression and certainly not
that of one for whom life means hope
and happiness.
| I'VE, Of course, were prepared for
the worst, while hoping for and ex-
| pecting the best" said Jeff Sherman
| the father of the defendant, to the
mother is, Of course, Frustrated over
the verdict, but, God knows, she can
| suffer little more than she already has
From the bottom of my heart, 1 be-
lieve that my boy is innocent. 1 am
not prepared to say what will be done
as that is entirely with Mr. Huntoon
our Attorney
| There was crowd at the court
house when the doors of the court
room We're thrown open Monday morn
ing shortly after o'clock There was
! more than the usual interest in the
| charge which the court was to de-
liver to the jury. 1t was thought by
some that it would be either first de-
gree or acquittal. Others held the op-
| posite opinion. Court opened at 8
O'Clock. After attending to some other
matters, the court proceeded to read
his instructions. They We're some
what lengthy and required half an
| hour in the reading.
After setting forth the material alle-
cations made in the complaint, defi1-
ing the two degrees, first and second
of murder. and dwelling at some
length upon the value of the confess
sions which We're testified to, the court
charged the jury as follows:
| Under the law, every person guilty
of murder in the first degree shall sut-
| fer death.
| Every person guilty of murder in
the second degree is punishable by i'm
| prisonment in the state prison for a
| period of not less than ten years, and
which period may be extended to life.
Under the charge contained in the
information in this case, YOU can find
! the defendant guilty of murder in the
first degree, or you can find him guilty
| of murder in the second degree, or
you can find him not guilty.
| IF you find him guilty of murder
| in the first degree, you will bring in
| verdict of murder in the first de-
gree.
If you find the defendant guilty of
murder in the second degree, you will
| bring in verdict of murder in the
| second degree and can either fix the
penalty or leave the penalty to be
fixed by the court.
Following the charge to the jury,
County Attorney Roy E. Ayers ad-
| dressed the jury for an hour and a
quarter. The talk which the young
attorney made was revelation to his
friends. He summed the testimony up
in logical, sequential manner and
showed himself an orator of pro-
nounced ability.
After noon, Attorney Huntoon made
his speech for the defense, talking for
almost two hours. It was a powerful
appeal for the life of the defendant,
and the attorney marshaled his testi-
mony, especially as to the alibi and
insanity features, in a most convinc-
ing manner. 1t was a splendid effort
and quite in keeping with the manner
in which Mr.. Huntoon conducted the
entire trial.
Attorney O. w. Belden closed for
the state. Mr.. Belden has few equals
and no superiors as a pleader before a
defendant but laid the merciless facts
before the jury in such a manner that
they spoke again for themselves. Mr.
Belden concluded shortly before six
O'Clock and at that hour the case was
given to the jury.
At 11:3O o'clock the jury announced
that they had reached a verdict. The
court officials, who We're down towr
| waiting for them to come in, were
summoned. and the prisoner was
brought over from the Jail After the
court had been called to order, the
jury filed in and the foreman handed
to the judge the following verdict
which was read by him: