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

1--WE, the jury in the above entitled
action, do find the defendant, James
Sherman, guilty of murder in the Sec
ond degree, and leave the penalty to
the court. NJ. J. Aldrich, Foreman"
The jury was then polled and ex-
cused Judge Cheadle announces that
he will deliver the sentence next
Thursday morning at 10 o'clock.
The juryjury took five ballots be-
fore they reached verdict. The first
| stood seven for acquittal, five for con-
viction. The three succeeding ballots
We're nine for conviction, three for ac-
| quittal. The fifth ballot was twelve
for conviction in the second degree.
Drs. w. A. Long and Attix and O. T..
Bryant testified Tuesday afternoon af-
ter the Democrat had gone to press.
DR.. Long testified as to the autopsy
made on the body of Samuel Studzin-
| ski at which he assisted and gave it
as his professional opinion that the
aged Jew had been dead from 80 to
| V" iiodiS IL. <altlA ltSlllltu 70 some
| length as to the nature Of the wounds
| found in the skull of the murdered
man and said that death had been
caused by these blows inflicted and by
strangulation. He said the blows had
been struck before the old man was
dead. Mr.. Bryant testified that he
left small package of meat for old
man Studzinski on the morning of Au-
gust 24th. He noticed the next morn
ing that the meat was still there.
| Sheriff l.. p. Slater testified that he
saw Studzinski on the afternoon IF
the 23rd the same day upon which the
old man was killed. AS the sheriff
came up from the depot he stopped
and talked with the old man for a
while. Sheriff Slater also told of
breaking into the cabin after he had
been summoned There and stated that
he saw small hammer lying near the
old man at that time.
The sensation of the entire trial up
to this time was developed when the
state put j. H. Atkins, manager of the
| Golden Rule store. on the stand to
| testify as to confession made to him
by Sherman on the 21st day of Decem-
| Der, in the county Jail. 1t was known
previously that the defense would
| make vigorous effort to prevent this
| evidence going in but the exciting and
at times dramatic incidents which was
connected with this phase of sthe case
We're utterly unlocked for by anyone.
Attorney Huntoon objected first to
| Mr.. Akins' going on the stand at all
on the ground that his name did not
appear on the copy of the information
given to the attorney for the defense.
| This objection was overruled on the
ground that the witness had been
1 subpoenaed as one of those in excess
| of the number allowed.
Attorney Huntoon then objected to
| the introduction of the evidence re-
| lating to the confession until it could
| first be positively determined that the
| confessions We're made voluntarily
| and not as a result of duress on the
| part of the officers of the law. He al
| SO insisted that the arguments on this
point should be made in the absence
| of the jury and as the defense did not
| object, the jury was excused 1t was
| now 4:30 o'clock in the afternoon and
| one hour and half were devoted to
| hearing testimony on the side issue
| raised by the objection of the attorney
for the defense.
jeff Sherman, the father of the de-
| fendant was placed on the stand by
Attorney Huntoon and testified at con-
siderable length. He haid that he
went to the Jail about o'clock on the
| day that his son was locked up, De-
cember 18th, and Immediately COM
menced to urge the boy to tell all he
knew of the affair. assuring Jamie
that it would be for the best if all the
facts connected with the affair could
be brought to light. James Sherman
told his father a number of stories
but finally admitted that he alone had
! committed the murder and that he
mad no assistance or accomplices in
the matter. Witness stated that his
son had never been told that any state
| ment which he might make would be
used against him; that the defendant
did not even know that he was under
arrest, having been told that he was
| being held merely as witness and
| that the witness had been told by de-
fendant that Attorney Ayers had said
| that defendant would get off with 8
or 10 years if he would tell all the
truth about the matter. The witness
| told OF the young man being taken be-
ore his mother and of the heartbreak-
ing scene which took place there.
The mother was lying on the bed
| Frustrated by the terrible news that
her son and the idol of her life had
| peen placed in Jail charged With
most brutal murder; that when the de-
iehdaht, Jamie Sherman. was taken
INTO the bed room, the mother said, Il
uoh Know you: You are not my son.
She then said if Jamie would kneei
beside the bed and confess before God,