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


taken back to Jail. Witness said
thst defendant never knew nor
thought that his statements would he
USED against him,
ny this time the suppressed excite
inert had become intense and there
va scarcely sound of any descrip-
lea in the court room as all bent for
v'aid to oatchn nayery word that was
spo, ,en sn%
The witnesSsaAmitted that he also
had at all tinns& and in response to a
question by the court, admitted that
he had told the boy that it might be
best for him To tell everything Just as
it was
The defendant James Sherman, next
took the stand. He manifested no hes
itation in taking the chair in the wit
ness box and showed no nervousness
or apprehensions as to the probable
effect of his testimony. He gave his
testimony in steady, distinct voice
and there was not witness on the
stand throughout the entire trial who
manifested as much unconcern and
nonchalance as did the accused
The defendant testified that he has
been confined in the county Jail since
December 18th on the afternoon of
winch he was sent up to the Jail on an
errand. Witness told of the different
confessions in which he implicated
first. Alec Mccoy and later, number
of men Of this city Told Of his Wis
it to his home. and of meeting his
mother who told him he was no longer
her son, but that If he would 60 down
on his knees and confess the truth,
she would live. Said he did then and
there confess. That he called County
Attorney Ayers into his cell Thursday
morning and was told if he would tell
tn whole truth about the matter. he
would get off With a light sentence.
He then told him The truth as was
iater published in the local oapers;
that he also made this confession 10
4'ir Akins and to Mr. WINS
Mr.. Huntoon: What influenced you
to make these statements?
Sherman: The things that had been
told me by Mr.. Ayers. I thought that
| might get off with eight or ten years
Mr.. Ayers told me Saturday morning
that the judge had told or telephoned
him that if anyone would turn states
evidence whoever did so would get Off
easy
The court here said there was little
use in carrying the matter further
when Attorney Huntoon said that he
hitl,alf would like to take the stand.
Mr.. Huntoon stated that sometime
during the week when Sherman was
making his numerous confessions.
County Attorney Ayers came into his
office on some matters and he (Hun-
toon) asked Mr.. Ayers how he manag-
ed to get Sherman to confess and Mr..
Ayers said that he had told the de-
fendant that if he would confess he
would get off with a sentence of s
or 10 years.
Sheriff Slater then took the stand
and testified that he wanted to lock
Sherman up after the first talk but
that County Attorney Ayers strongly
objected and his desire prevailed and
that Sherman was not locked up un-
I'll after a talk was had with Mccoy,
No threats We're made to get Sherman
to tell the story or stories
County Attorney Ayers then took the
stand and said that he had told Sher-
man that it would be better, suppos-
ing that others were mixed up in the
Positively never made the statement
attributed to witness by Attorney
Huntoon in the latters office.
Judge Cheadle then practically took
the stand and settled the thing with a
concise statement. The court said that
at the prisoners request, Sherman was
brought before him on Monday after
his incarceration and that the court
in the presence of Sheriff Slater, ad-
vised the prisoner to tell the truth but
told him that there would be no prom
ise of leniency made by the court and
that the court did not and would not
hear any confession which the young
man might desire to make. The court
further stated that, to the best of his
knowledge. the confessions made to
the sheriff.. H. Atkins and E. G. Ivans
came after this warning on the part Of
the court that the young man must
not expect any leniency in case he de-
cided to tell the facts in the case. Mr.
Huntoon admitted that such was the
case.
After specially admonishing the
spectators present not to give to the
jurors any intimation Of the incidents
which had just occurred and telling the
attorneys that he would hear anything
further that the attorneys had to CT
fer at chambers in the morning at 9
O'Clock, the court was adjourned until
10 o'clock Wednesday morning
A short session was held in cham
bers the next day and some additional
testimony was heard but the cou, t
overruled the motion to exclude the
testimony relating To the confession
made by Sherman.
Hal j. Atkins told of his conversation
with Sherman in which the young man
admitted that he alone had killed Sam
uel Studzinski and described minutely
the manner in which he did the act.
He went to the cabin of the old man
several times, ostensibly to purchase a
gun and that the last time he went, he
struck the old man three tins with a
hammer and then tied the cord around
his neck, secured what valuables he
could find around the place and Went
away. Regret that his mother was
suffering as a result of his crime vas
the only emotion expressed by the