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

Henry Bacon, rancher, Moore.
W. {. Doores, rancher, GarneiIl.
BENZ. Chestnut, rancher, GarneilI.
J. II. Sanford, rancher, Rogers.
John CoIlander, miner, New Year.
Al. eouchard, raneher, eercail.
NJ. J. AIdrich, hay dealer, Lewis
town.
Thomas Simpson, saloon, Stanford.
T. c. Waaga, Moore, rancher.
These are the twelve men selected
to try James Sherman on the charge
of murder in the first degree. The
jury was practically completed last
evening, but the talesmen were not
sworn for the reason that Charles lille,
of Kendall, stated that he was suffer
ing from a cold, and wished on that
account to be excused, as he feared
he would not be able to go through
the trial without some danger to his
health. His answers to the questions
asked by the court did not indicate
that he would be running much risk,
but Judge Cheadle left the matter op-
en- until this morning in the hope that
Mr.. lille might be feeling better by
that time, and willing to remain and
serve.
To the regret of the attorneys. as
well as the cOrut it was found nec-
essary to excuse Mr.. lille today, and
his place was taken by Mr.. Waaga
Of Moore.
Beginning Of the Trial.
There was a large crowd about the
court house yesterday morning, and
soon after the doors of the court room
were opened, every seat was Occu-
pied. Upwards of 60 of those in at
tendance were jurors and witnesses,
but the number of spectators indicat-
ed that the public interest in the case
is as keen as ever. The defendant
entered the room shortly before 10
o'clock in charge of Deputy Sheriff
Silverthorne, and walking briskly
down the aisle, took seat beside his
father and his attorney, j. c. Hun
toon. Young Sherman wore a new
suit and freshly shaven. He appeared
to have gained somewhat in weight
since his arrest, but his face was alb
soiutely colorless. His demeanor was
as calm and collected as ever, but In
| conversation with his counsel. he dis
played more animation than on former
occasions. This little group was aug
mented a little later by Mrs. G. F.
Wameldorf, of Seattle, the defend
ants aunt, who came here for the
purpose of attending the trial. Mrs
Sherman did not appear at all On the
| first day.
| Promptly at 10 o'clock Judge Chea
| fho
court was formally opened. Judge
Cheadle at once cautioned the mem
bers of the panel against talking abou
any case set for trial. It was com
paratively easy for any juror to dis
qualify himself by engaging in con
versatiOn regarding these cases, ant
to seek information with such an ent
In view was contempt OF court. /
was also contemptuOus tor any pei
son to give information regardln,
these cases. An unusually large pan
ell had been called and after the tirs
case had been disposed OF, the cour
would excuse about one-half OF tn
jurors.
"The first case set said his honor
tbs that of the state against Jane
Sherman. Mr.. Ayers. are you read,
for the state?"
1--WE are ready" replied the count
attorney.
"Mr. Huntoon, are you ready for tn
ylefense?"
I'VE are, except that a deposition
has not yet been fled" said the dc
fendant's attorney.
Call the jurors" ordered the cour
and the trial was under way.
AS soon as the box was filed, Nj
Ayers asked that o. w. Belden be e1
tered as associate counsel for tn
state. Mr.. Ayers then proceeded t
state to the jurors in the box the sui
stance of the information, whicl
charged Sherman with the murder O
Samuel StudZinski on or about Aug
23 last. E. J. Irish was the first maj
questioned, and he was quickly dis
posed Of Mr.. Irish has scruple
against capital punishment, and wa
excused.
Ben Chestnut had read of the case
and discussed it, but had no fixed opir
ion as to the guilt or innocence O
the accused. He was passed for caus
by both sides.
w. E. DoOres, the young Carmel
rancher, had also read of the case an
discussed IT, but had formed no fiXe
opinion. He was also passed.
. J. T. Wunderlin, of Lewistown, ha
both formed and expressed an opinio
and had it yet. He was excused
Willard E. Bean had read of tn
case and heard it discussed, but ha
not formed any fixed opinion. He wa
passed.
Henry Bacon. of Moore. had no Fl,
ed opinion as to the defendants gui
or innocence. He was passed.
William McCollum, of Lewistowl
had formed an opinion as to the me
its of the case, but could discard i
and make up his verdict wholly on tn
: law and evidence. He was passed.
r. G. Jackson, of Lewistown, ha
served as member of the coroner
: jury that held the inquest on NJ
Studzinski and was excused
Peter Shields, of Lewistown, We
acquainted with the defendant an
had formed and expressed an opinio
as to mis- guilt or innocence. He W;
excused.
c. E. Mahana, of Lewistown. hs
: read the newspaper reports of I'll
11,,t 80.