The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1927-03-25
Rodgers Gets Term For
End Degree Assault
Jury Out From Saturday Night To Monday Morn
ing-Splits IL To l On First Baot-Verdict A
Compromise, Jury Fixes Penalty-Court Sentences
Defendant Immediately.

| the jury in the Rodgers assault
case brought in verdict of guilty
of assault in the second degree
and fixed the punishment at from
two to four years in the penitenti-
airy. The trial occupied two days
and aroused much interest among
local people; the Sherman Palm
room, which was used as court
room, frequently being so crowded
that standing room was at a prem
ium. The case went to the jury
at about seven o'clock Saturday
evening, and it was not until $50
Monday morning that the verdict
was brought in. 1t is understood
that the first ballot taken stood II
for conviction of assault in the
first degree, and one against. First
degree assault carries penalty
of 5 to 30 years.
Arrested In BadIands
The information filed against A.
E. Rodgers charged him with as
sault with deadly weapon upon
julius Vahrenkamp on the morn
ing of August %. The alleged as
sault occurred at the Strife road
camp seven miles west of Wolf
Point where both Rodgers and
Vahrenkamp were working. Rod
gers fed and was arrested on
August 29 at the Reiss farm in
the badlands near Intake, by
Charles Council, undersheriff. in
company with the sheriff of Daw-
son county and the undersheriff
of Richland county and Archie
Council OF Culbertson. At the
hearing Rodgers pleaded not guilty.
Bonds We're fixed at $4,000 which
were signed by friends of Rodgers
in his own community. The Rod
gers case was set as the first one
on the calendar, trial to begin on
March 8. Owing to the serious ILL
ness of Charles Council, an impor-
tant witness in all criminal cases,
these cases were set over until
March IA. When the Rodgers case
was called, J. K Bramble, attoney
for Rodgers moved that it be dis
missed on the grounds of not hav-
ing come to trial within the re-
quired six months. Judge Paul
accordingly dismissed the case, but
County Attorney Marion was pre-
pared for just such an action, and
when Rodgers left the court room
he was arrested again. Being unable
to communicate with his bonds
men he was lodged in Jail jury
secured last week Thursday. and
actual trial of the case began Fri
day morning. County Attorney
Marion and A. NJ. Foor were the
attorneys representing the State
while ]. X. BrambIe of Wolf Point
and F. N. Hamman of Circle were
Rodgers attorneys.
Victim Testifies
Presentation of evidence by the
State was completed Friday. Sher-
iff John Anderson testified that he
had subpoenas for Alfred James
and Fred Haynes which he had
been unable to serve because he
could not find the men in question.
Lee Strife, a road grading con-
.ractor testified that he had be-
come acquainted with Rodgers and
vahrenkamp in 1926. julius Yah
'enkamp the next witness testi-
led that on the night of August
4, after supper, he and Rodgers,
Buck Rodgers, James and Haynes
vent to the Hilton camp about
nile west of Oswego, making the
rip in Vahrenkamp's car. The
trife camp was located about three
1iles east of Oswego, and they
rent through Oswego between
nd 8. The trip to the Hilton camp
Tas made at the request of Rod
ers who had worked for Hilton
efore he began at the Strife camp.
.odgers got a paycheck from the
Stopped at Oswego
On the return trip they ran out
gas shortly after reaching Os-
ego and Rodgers went after some
as, being gone about 20 minutes.
he party reached Oswego about
l. After filling the tank with
as, for which Rodgers paid, YAH
talked with some acquain-
Inces. About midnight he thought
was time TO return to the camp
nd made an effort to round up
lie rest of the party. All were
illing to come with the exception
Rodgers, who was playing cards.
Vahrenkamp sat down and played
lrds for a while, he said, then
? went to his car with James,
aynes and young Rodgers. Rod
rs, senior, said he would come
a minute. but the party waited
If an hour and blew the horn
veral times, then went back to
mp without him, reaching the
rife camp abOut 2. 30 a m About