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

The theory Of insanity on the part
OF the defendant as explaining his
confessions Of guilt are being fully
developed in the Sherman murder trial
today. Dr.. n. H. Wilson testified this
morning that in his opinion, the de.
fendant's belief that he killed Studzin-
ski was the result Of delusion on
Sherman's part. He was followed by
Or. Harry Wilson, who is testifying
to the same effect this afternoon, and
others are to be called in support Of
this theory. The state is fully pre-
pared to meet this line Of defense, the
experts including Or. Warren, Of the
insane asylum.
The case is not likely to reach the
jury before Monday.
The Sherman murder TRIAL, which
mas absorbed public attention in Lew
lstOWn this week to the exclusion of
practically everything else, is now
drawing to close, and while there is
possibility that it may reach the Jury
tomorrow evening, the chances at this
time are that it will not be submitted
until Monday. From the opening ses-
sion OF the court at the beginning of
the week, the court room has been
crowded each day, and at no time has
there been room enough to accommo.
date all who wished to witness the
proceedings. By Judge Cheadle's or.
der. bailiff is stationed at the doors
10 prevent great crush. Yesterday
AFTERNOON, the stairway was packed
long before the doors were opened,
and every seat was taken within two
minutes after the doors were unlock
ed.
The state rested it's case yesterday
morning. and the defense is now about
through. The state will follow with
considerable rebuttal, and the defense
may put in some rebuttal. Consider.
able time will be occupied by the
medical experts, and while it is posi-
bic that the case may go to the jury
tomorrow evening, it is not likely.
and in all probability, this will not
occur until Monday. The courts
charge and the arguments are expect
ed to consume the better part of one
day.
NO comment on the strength of the
respective cases put in by the state
and the defense need be made at this
time. The accompanying report of
the testimony is sufficiently full and
complete enough to exhibit fairly the
strength of the two sides.
The climax in the proceedings so
far came on Tuesday afternoon, when.
in order to pass upon an objection of
the defense to the admission of Sher-
mans confession admitting his guilt,
the jury was excused and evidence
was presented to the court on the
point as to whether or not the confes.
sions had been procured as result
OF inducements held out of duress.
In this collateral inquiry the defendant
himself went on the stand and testi
fled at considerable length. J. C. Hun.
toon. attorney for Sherman. and Coun.
ty Attorney Ayers, as we'll as mem.
bers of the sheriff's force, were heard,
and the court also made a statement,
which, while not testimony, technical
ly speaking, was testimony in effect.
1t was made entirely clear that the
various confessions of Sherman in
which he admitted that he alone CON-
mtted the murder. were all made at.
ter Sherman. at his own request, had
been taken before the court in cham
bers. At that interview, the defend
ant wanted to confess to the court,
but the court at once refused to listen
to him. and after informing him that
any statement he might make might
be used against him, Sherman was
sent back to jail. Soon afterward he
made his confession to Sheriff Slater
| in the presence of his father.
While it appeared that the defend
ant was constantly urged by his par
ents as well as others to tell the truth.
1t was not made to appear that any of
the officers offered him inducements,
and the court finally ruled that the
confessions might go in. Mr. Huntoon
made great fight to keep them out.
| and the ruling was. of course, a Sc
we're blow to the defense.
Yesterday Mrs. Sherman, the de-
fendant's mother, went on the stand.
She appears to be almost a wreck
has been under ever since her boy
was arrested, but held herself togeth-
er very well during the ordeal, and
her testimony was clear and lucid.
She was not subjected to actual cross
examination, the states attorneys con-
tenting themselves with asking only
d couple of questions.
The defense of insanity was launch
ed yesterday, yet this plea is only
made to explain the confessions, Mr..
Huntoon holding that they are the
result of hallucination. That subject
! is now being gone into thoroughly.
| the experts for the defense being Drs.
Wilson and perhaps other physicians.
/ AS to the killing of Studzinski, the
defense is trying to establish that the
| murder did not occur at the time stat
ed by the defendant in his confes-
sions, and testimony has been intro.
duced to show that the deceased was
/ seen as late as about 12 O'Clock on
the night of Wednesday. Aug. %. This
will undoubtedly be attacked by the
state on rebuttal
The lawyers engaged in the case
are conducting it with marked ability
| County Attorney Ayers and his asso
ciate, Mr.. eRlden. have, out of the
mass of evidence, made a remarkably
clear presentation of the states case
while Mr.. Huntoon has fought every
point inch by inch and made every
possible point for the defense.
Tuesday Afternoon.
The testimony of some of the wit
nesses whose examination was com
plete1 Tuesday afternoon after the Ar
gus went to press was quite impor
tant. DR.. w. A. Long told of the
autopsy on the body of Studzinski. al
which he assisted. and said that wher