The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-29
BENSON TELLS OF PLOT


Murray positively identified the time
piece.
NJ. Hammerslough the jeweler, tes-
titled that manufacturers do not make
watches with duplicate numbers and
that there is small chance Of this watch
having a double.
Then came the ante-climax. Under
Sheriff David Morgan took the stand
and testified as to a certain vest be-
longing to Benson and bearing an A.
o. U. w. badge, which had been found
among the effects of the three men
when arrested. In the pocket of this
vest had been found a memorandum
book. The vest had been taken to
Deer Lodge and shown to Dotson, who
had identified 1t as his.
Leaving this line of examination for
moment, Mr.. Duffy first dropped
hint of the confession.
Were you present. he suddenly ask
ed the witness, when Benson made a
statement or confession on the 25th
of this month";"
Yes" was the reply. Mr.. Morgan
said the confession had been made
voluntarily, without threat and with
no inducement to make it being held
out.
An effort was made to here Introduce
this confession, which Mr.. Duffy held
in his hands, but Mr.. Morgan could
had heard the statement made so the
document could not go in with his tes-
timony.
Harking back to the vest pocket
memorandum book, Mr.. Duffy had Mr..
Morgan identify it and then offered it
in evidence.
What is it?" asked the defense.
1T is a hook containing a comics"
sion of the defendant Dotson, show
ing he was at the scene of the killing
when the crime was committed" said
Mr.. Duffy.
The defense objected to the admis-
sion of the book. as it had not been
thoroughly connected with Dotson,
and the objection was sustained.
Parentheticaliy, it may be stated that
this book was a sort of a diary and
contains entries tracing the movements
of the party as related in Benson's
confession. When shown the book at
Deer Lodge Dotson had denied all
knowledge OF it. He was asked there
TO write the same words used in the
entries and had complied. There was
marked similarity in the writing
This TESTIMONY was not introduced yes
terday.
Prosecuting Attorney Duffy himself
took the stand. He identified the con-
fession as that made by Benson in the
jury room in the court house building,
Aug. %. He went into explicit details
to show the confession was a voluntary
one; that the prisoner had been advis-
ed he might remain silent and that no
threats or inducements were offered.
Yesterday" continued Mr.. Duffy,
Il took this confession to the peniten-
tiary at Deer lodge, where Persinger
and Dotson have been confined tempo
rarily. read it to them in the pres
ence of Sheriff Conley and Wilson, a
to, ) at, r,fE nf In
tertiary. I repeated to them the adj
monition previously given Benson that
they need not say anything, but that
what they did say would be used
against them. and then asked if they
wanted to make any statement. They
replied in the negative. Persinger said
of the confession: I expected it.
thought they would try to swear ii on
To ane'
On cross-examinati ton the defense at
tempted, as it did while crosse xamin-
ing Morgan, to make it appear that
the confession was not entirely a vol
untary one. but made little progress in
that direction. although Mr.. Duffy ad-
mitted the statements in the confession
had been made ut his solicitation.
No objection to the introduction of
the confession or MIR. Duffy's testimony
was offered, and 81 1t went in.
According to the testimony of DR.
Charles G. Glass of Deer Lodge. who
conducted the autopsy on the remains
of Cullinane. there We're three wounds
on the body. One was in the upper
part of the right arm and may or may
not have been caused by bullet. An
other entered the left side OF the face
between the ear and the nose at the
lower part of the upper jaw bone, and
passed out at the back of the head,
one and one half inches from the spine
and below the occipital bone. This
wound would prove fatal, though not
Immediately. The shot was fired while
the deceased was standing sideways to
his aSsailant The third wound and