Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-02-13

Mr. HuntOOn here arose and said:
And l should like an exception. if
the court please"
Yes. note the exception of coun-
SELF" said Judge Cheadle.
james Sherman, stand up. An in
formation was filed against you in
this court on the 10th day of jan
uary, 1906, charging you with the
crime of murder in the first degree.
To this information you pleaded not
guilty. You were subsequently tried
to a jury of this county and by them
found guilty of murder in the second
degree. the punishment for your
crime being left to the court. Have
you at this time any just cause to
show. or legal reason to urge. why
sentence should not now be passed
upon you?"
II don't think so; no sir" replied
the prisoner
James Sherman" resumed the
court. "the Judge of a trial court is
called upon to perform great many
painful duties. This court does not
recall any case in which the inflic-
tiOn of sentence was the cause of
more personal grief to him than is
yours. You are young man who
has grown up in this community from
childhood. You are personally known
to a large number of those who have
lived In LewistOwn for any length
OF time. Up to short time preceding
the commission of the act for which
YOU were tried and of which you we're
convicted, there was no young man
in this community who stood high
er in the esteem of those who knew
him than YOU did. The court has
himself never known a young man
whose habits were. apparently, bet.
ter than yours, or whose conduct was
more worthy of cOmmendation. You
were a bright, Industrious pupil in
school, you have been faithful and
diligent in business since you left
school. Your conduct as a son and
as a brother has been exceptional.
All these things in your experience
deserve the highest commentator
and the warmest esteem from all
those who have ever known you, and
the fact that a young man of your
previous reputation and habits should
have fallen into the commission of
the terrible act of which you have
been convicted, has been a profound
surprise and cause of deep grief
tc every one who has known you,
and to your friends and relatives.
The court feels that you have been
fairly tried. The court has, at least,
endeavored to give you the benefit
OF every doubt, to see that every right
of yours was diligently preserved
Your counsel has shown great zeal,
diligence and ability. The court is
unable to see how you could have
been more ZealOusly or more effect
ivly defended by any person than you
have been by the counsel who has
defended you in this trial. The jury
were selected with careful attention
to their qualifications as to fairness
and the same care has been display
ed throughout every stage of the
trial by every one connected with it,
The court does not believe that any
one concerned in this trial has had
the slightest desire to take any unfair
advantage Of yOu-to have one syl.
liable of testimony admitted that was
not legal-Or in any way to put you
al disadvantage in the trial which
has just closed. Under the law Of
this state the court felt it incumbent
upon him to instruct the jury that
they might find you guilty of murder
in the first degree, of murder in the
second degree, or not guilty. There
was doubtless evidence which would
justify a verdict of murder in the
first degree, or a verdict of not guilty
The court himself is unable to see
the logic of a verdict of murder in
the second degree in this case. It
would have been error not to give the
Jury the privilege, or rather, the duty,
o. passing upon this point and by
his remarks the court does not mean
to imply the slightest censure of the
jury. He does not doubt their entire
conscientfousness in the discharge of
their duty, but fails to see the reason
why a second degree sentence should
have been imposed instead of first
degree sentence or an acquittal It
was the duty of the jury to pass up
on the question of your guilt or in.
nocence; that duty has been perform
ed by them. and it only remains for
the court to fulfill his duty by i'm
posing the sentence upon you which
the law requires.
ut is the judgment of this court
that you be remanded to the custody
Of the sheriff of Fergus county. and
be by him conveyed to the city Of
Deer Lodge, and there delivered to
the authorities of the state peniten-
tiary of the state of Montana, there
in to remain. in close confinement
and at hard labor. for the term of
your natural life. You may sit
down"
Taken to Deer Lodge.
Having just entered upon his nine
teenth year. Sherman was taken to
Deer Lodge yesterday morning and
placed in the penitentiary. He was Wis
tied by his mother for the last time
before his departure on Sunday after
noon. and mis- father and other rela-
tives and friends spent some time
with him. When he awakened yester-
day morning he was in a cheerful
mood, and the thought of the trip he
was about to make did not appear to
distress him.
Only once did the thought of the
change that has taken place in his
career in one short year seem to oc-
cur to him. He was taken down to
meet the bus by DeDuty Sheriff Silver