Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-06

The long trial is over and jury
OF twelve men found James Sherman
guilty of murder in the second degree.
The prisoner will be sentenced by
Judge Cheadle at 10 o'clock Thursday
morning, and the only thing left to
speculate on is the punishment that
will be imposed under the verdict.
The offense is punishable by not less
than ten years Imprisonment, the ex-
! treme limit being life imprisonment
| In general way, it may be said
that the verdict returned last night
meets with general approval. Outside
of this city and county, where all the
clements that entered into the case
are not understood, there may be some
criticism. but locally the verdict gives
entire satisfaction to all except those
Immediately concerned.
Agreement at II O'clock.
The Jurors reached an agreement
ing to come into court, Judge Chea-
die and Clerk Ritch, as we'll as the
attorneys, were notified at 11:15. In
a short time the court room was we'll
filled. The defendant, on entering, took
his accustomed seat by the side of his
attorney, J. G. HuntOOn, and his faith
er, JEFF Sherman. The marvellous COM
posure that characterized the defend
ants demeanor throughout the trial
was wanting during this closing scene
He showed every sign of intense ner-
vOusness. It was only with an effort
that he held himself together when
the court inquired if the jury had
agreed upon a verdict.
1--WE have" answered the foreman,
NJ. J. Aldrich.
The verdict of guilty in the second
degree was then read, and the jury
was polled by Clerk Ritch, all answer
ing that this was their verdict.
Time for Sentence.
|. Judge Cheadle announced that SEN
tence would be passed on Thursday
morning at 10 o'clock, and the brief
proceedings were ended. Mr.. Hun.
tOon, for the defense, did not ask for
any stay or give notice of intention to
apply for new trial.
How the Jury Stood.
When the jurors left the court room
shortly before o'clock yesterday ev.
ening, nothing was done in the way
of considering the case until after din
ner. They returned to their room at
the court house about $50, and in a
short time the first ballot was taken
It showed seven for murder in the
second degree and five for acquittal
Some of the latter votes were really
tentative. and on the second ballot
the number in favor of murder in the
second degree was increased The
third ballot showed nine for murder in
the second degree and three for ac
Guittal. On the fourth ballot, all
twelve voted for murder in the sec
ond degree. The jury was not at any
time in serious danger of failing tc
reach verdict. that is, the discus
sion did not reach point where any
one manifested disposition to sit
down and refuse to move. The follow
ing gentlemen composed the jury:
M. J. Aldrich. hay dealer. Lewis
town; N. T. Smith, rancher, Roy;
, Charles E.. Mahana, rancher. Lewis
town; William McCollum, rancher
LewistOwn; Henry Bacon, rancher
Moore: W. E. Doores, rancher, Gar
| ACAiI. bCAJ. SACotAuL, iuASICI, ddI
neill; j. H. Sanford, rancher. Rogers
John Collander, miner, New Year; Al
Bouchard rancher, Bercail Thomas
Simpson, saloon, Stanford; r. c. Waa
ga, rancher, Moore.
Sherman Breaks Down.
AS soon as the result was announ
ced, the defendant went into the wit
ness room with his attorney. Wher
he emerged the tears were in his
eyes, and it was seen that the appear
ance of Indifference which he main
tained throughout the trial had beer
broken down. Sherman showed every
evidence of feeling keenly his position
and acted exactly as any other sane
man would under similar circumstan
ces. He soon regained his composure
. and was taken back to JAIL Arriving
there, he said that the verdict was
, about what he expected, under thu
, charge. He said that he wanted the
J instruction to be for murder in the
, first degree or acquittal. If that hat
been given, he said he believed h,
would have been acquitted. The enc
had been reached, and Sherman di,
? not longer attempt to disguise his nat
t ural feelings or his interest in wha
! had just occurred.
t Closing Scenes Of the Trial.
| The largest crowds that have beer
l in attendance at all during the tria
!. stormed the district court room yes
f terday. Not only was every seat oc
: cupied, but number of seats were i'm
t provised. Hundreds were turne'
l away and the order limiting the al
tendance to the seating capacity o
2 the room was strictly enforced. A
both sessions of court, the attendanc
: of ladies was very large, and NOR
Y than half of the spectators were of tn
= fair sex.
t Shortly after 10 o'clock Judge Chea
l die read his instructions to the jur,
/ They were followed with the closes
! attention by jurors and spectator
: alike. When this was conclude,
e County Attorney Roy E. Ayers aros
to make the opening argument for tn
l. state.
Mr.. Ayers Argument.
Mr.. Ayers spoke for an hour an
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