Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-01-30

indoors. He was doubtful as to
whether or not he could sit through
the case without injury to his health
Judge Cheadle stated that there We're
just five more jurors on the panel,
and all of them might be disqualified.
so that 1t was very desirable to re-
tain Mr.. lille, if it could safely be
done. He allowed the matter to go
over until this morning to see what
Mr.. Ille's condition would be by that
time.
With this juror, the full number was
in the box. all having been passed and
accepted by both sides to try the case.
The Peremptory Challenges.
PeremDtory challenges were exer-
cised freely by both sides, although
Mr.. Huntoon had three left at the
close of the session.
The state used it's full five chal-
lenges, excusing the following jurors:
p. J. Irish. b. J. Akerly. J. w. Kear-
ney, w. A. Hough and Christ Schil-
ling
The jurors excused by the defense
Oh peremptory challenges were A. l..
Lang, Carl Anderson, Henry Montgom-
cry, f. B. Hart, Frank Swanser, Will.
lard F.. Bean and John Mabry
Jury Allowed to Separate.
Just before adjournment. Judge
Cheadle announced that he would al
low the jurors to separate, and said
that in doing this. he was extending
liberty that they should appreciate
The court was taking considerable re-
spOnsibility in pursuing this course,
but he believed they would not abuse
the privilege granted them. They
must understand clearly that they
shoul dnOt abuse it in the slightest
degree, and should strictly observe
the instruction with regard to not
conversing at all about the case.
Struggle for Last Juror.
When court convened this morning,
Judge Cheadle asked Juror lille how he
felt. and the Kendall man said ne was
about the same-nOt worse. but no bet
ter The court at once called up the
attorneys for consultation, at the
close of which DR.. J. b. Atchison was
asked to report on Mr.. Hes condition.
The physician reported that it would
be unsafe to compel Mr.. lille to serve,
and he was thereupon discharged. The
struggle to secure the remaining juror
was then begun, and for a time it
looked as though it would be pro-
longed one. Charles Hassett. of Gar
neill, was strongly prejr1iced against
circumstantial evidence, and was eX-
cused. A. NJ. Matthews. of Moore
had an opinion that disqualified him
but T. c. Waaga, of Moore, the next
man up, answered every question
quite satisfactorily. The defense, af
ter some consideration, decided to
waive its peremptory challenge, and
Mr.. Waaga was accepted. The jury
was then sworn.
Mr.. Belden's Opening Statement.
O. w. Belden then made the open
ins statement for the state. 1t was
brief and merely outlined what the
state expected to prove. It would be
shown, said Mr.. Be,len, that in
Aug last, the defendant conceived
the idea of robbing StudZinski, ant
after visiting the old man severa
times for the ostensible purpose OF
buying gun, finally proceeded tt
carry out his plan on the night OF
| Aug. 90. He was unable to get Stud
zinski in position where he could
hold him up, and at last when he
| bad induced the old man to go tt
! the trunk to open it, hit him threa
blows on the head with a hammer
| and then tied a cord about his neck
| Having killed Studzinski. the defend
ant gathered up all the money ant
vaiuables he could find, and takin'
| them to the Argus office, cached then
unedr the floor of the Argus building
| These facts would be established sait
Mr.. Belden, through confessions mad'
| by Sherman, the points of which woul
| be proven by Independent testimony
Upon it, the state would ask for
verdict of guilty of murder in tn
first degree.
The First Witness.
The first witness called TO the stan'
was Otto +. Wasmansdorff, who pro
duced a plat of a portion of the city
and diagram of the Studzinski cab
in, so that the jurors could readil.
see the exact situation.
J. w. Luton, who found the body
was the next witness and ne was 70
! lowed by Coroner Attix and DR.. W. A
! Long.
List of the Witnesses.
| Following is a list of the witness
! es subpOenaed on each side:
/ WITNESSES LOT LHe Stdte. j. H. hh
| ms, J. w. Luton, o. l.. Bryant ,Georg'
Creel. Tom Stout, Fl. r. Watson, Hugl
/ Wagner, f. G. WINS, N. Butler, Georg
Shaw, DR.. w. A. Long, DR.. F. f. Al
Tx, Under Sheriff Ed. Martin, Deput
Sheriff Ed. Slverthorne and Sherif
l.. p. Slater, John Parson, Alex. Nc
Coy, James Roach, Thomas Knight
W. w. Bennett, ]. l.. Beebe, William
Smith, Thomas Humphrey, Otto Was
mansdorff.
| Witnesses for the defense: Iren'
Desy, Joseph Iavajoie, DR.. II. Fl. vii
son, DIR. II. X. Wilson, A. II. Klein
George Mitchell. E. r. Race, DR.. j
b. Atchison, Firman Tullock, f. Q
Busenburg Frank f. Wright, William
McGlenning, George w. Cook, Alex
Branson.