Hesterly Gets 10 To 20 Years In Prison

Jury’s Verdict Rendered After Nearly 60 Hours Deliberation -

State Contended For First Degree Murder While Defense Stressed Insanity

After nearly 60 hours deliberation the jury in the Arthur Hesterly murder case tried at Forsyth last week, returned a verdict Tuesday morning, finding the defendant guilty of murder in the second degree and recommending a sentence of from 10 to 20 years.

The case against Hesterly, charged with the murder of Peter Jakobi at his ranch a few miles east of Forsyth, Dec. 29, was started in district court in Forsyth, before Judge G. J. Jeffries, May 25, and given to the jury at 12:10 Sunday morning. Forty hours after receiving the case, the jury reported to the judge that the vote stood 9 to 3, whether for conviction or not, it was not made known, but it is now assumed that the jury then stood for conviction.

Hesterly is also charged with the slaying of Matilda Latsch, niece of Jakobi, but this trial involves only the charge of killing Jakobi. Both were shot and then mutilated with an ax and the bodies were buried in a straw stack.

Testimony Closed

Testimony was suddenly brought to a close Saturday afternoon after a session in chambers, when it was agreed that certain evidence which was to have been offered by the state was incompetent.

Doctors Say Hesterly Sane

Two witnesses, Dr. H. H. Culbertson of Forsyth and Dr. Dan J. Donahue of Butte were introduced by the state Saturday and testified that the accused was sane and was able to choose between right and wrong.

Dr. Culbertson stated he had examined Hesterly six times and found him to be possessed of a good memory. He stated that Hesterly would answer questions relating to his past life in some details.

Hesterly said he did not believe in religious orders and thought they did no good, according to Dr. Culbertson. In speaking of his reason for killing Jakobi, he said: “I couldn’t prevent it, it was a forced feeling.”

Dr. Donahue For State

Dr. Donahue based his answer as to the sanity of the defendant upon the two written confessions of the man bringing out that his conclusion that two people lived in the Jakobi house, after his arrival three and his preparation to rob them showed conclusive evidence of premeditation and reasoning powers; that his removal of the evidence of his crime and careful watch in order to escape if anyone should put in an appearance and his final effort to escape when actually discovered, showed logical reasoning and fear as to the consequence of his act.

Motive Of Crime

Hesterly’s ability to differentiate between right and wrong was the issue of the trial, since the killing was admitted. The state contended that gain was the motive of the crime, one of the most gruesome in the annals of this section while the defense in view of Hesterley’s previous incoordination in institutions for the insane, from one of which he escaped, was setting up as defense of insanity.

Father as Witness

Cross examination of S. J. Hesterly, father of the accused man, was completed Thursday. He stated that a number of attempts were made to locate the defendant by letters and requests to radio broadcasting stations to announce the offer of a reward for information leading to his discovery.
During the examination of the father and through army and hospital records introduced before the court, it was brought out that the accused believed himself to be “unchaste in thought and deed.”

Dr. Smith For Defense

Dr. Robert P. Smith of Helena, chief of the nervous and mental division of the US. veteran’s bureau, in this state appeared as a witness Friday.

Doctor Smith stated that he first examined Hesterly May 17, and had subsequently examined him three other times. From the examinations and evidence introduced in the trial, he considered the accused to be suffering from dementia praecox and unable to choose between right and wrong.

Cross-examined by Attorney F. F. Haynes, Doctor Smith admitted that Hesterly showed “a flash of judgment” when he buried the bodies of his victims and endeavored to cover the evidences of his crime by washing the blood from the ax and wheelbarrow and by covering his tracks to and from the haystack where the bodies were concealed.

He said, however, that the inertia shown in remaining at the house for 10 days was an indication of a lack of self preservation.

In telling of his examination of Hesterly, Dr. Smith told of questioning the prisoner regarding his early life, service in the army and the time spent in hospitals and other institutions. He stated that the defendant gave monosyllable replies, but was able to answer correctly as to when he entered and was discharged from the army; also remembered being in the hospital and apparently was able to give a coherent account of his wanderings.

Dr. Smith brought out that Hesterly stated he was looking for work at this time, but the longest period which he worked at any one place was eleven days, according to the account given by Hesterly. When asked by Dr. Smith why he did not remain at work instead of leaving immediately, he replied that the “power” told him that he must move on, otherwise he might kill someone.

Dr. Smith stated on the witness stand that Hesterly told of going to the Jakobi ranch and entering the house, after receiving no answer to a rap on the door, and of preparing himself something to eat in the house. According to Dr. Smith, Hesterly told of his crime in this way:

“Just before dark I saw two people coming and the ‘power said to me, those are the two I showed you in your dream. You are to kill them.”

Hesterly told the psychiatrist at the time of the examinations that he realized he was taking life, but he had been instructed to kill birds, animals and a few people.

When asked if he felt he was doing wrong, Hesterly stated it might be wrong, but he was ordered and the “powers” said those people “pined” for a beautiful home and that he (Hesterly) “pined” for a beautiful home.

Stanley M. Doyle, one of counsel for the defense, repeatedly endeavored to impeach the testimony of County Attorney Haynes. (Hysham Echo June 3, 1926)

Print this post