Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-09
E. Schwend of Anaconda.

James accuracy OF AndCOuUd, ldDOIeI.
l.. Scott of Deer Lodge, laborer.
While not in court, the jury is constant
ly under the care and watchfulness of
two ba~iliffs-Deputy Sheriffs j. J. Walsh
and Thomas Mullen. The jury spent a
quiet Sunday. being taken out for their
meals and were given a short walk for
exercise before and after each meal.
The prisoner, Clinton Dotson. was
brought into the court room this morning
at $3.50 o'clock and was the freshest look
ing person present. He chatted for a mo-
ment with his attorneys, Messrs. Trippet
and Self, and then leaned back in his
chair and viewed the surroundings. n
II jurymen spent a quiet Sunday and APP
peared in good spirits. They are being
fed at the Montana. The counse for the
defense listened closely to the reading OF
the minutes of Saturdays session per-
tanning to the special venire of so names.
Counsel Trippet called attention of the
court to certain alterations being made
in the minutes after they had been APP
proved. The allegation was denied by
Deputy Clerk ]. j. McGuinness. Judge
Napton informed Counsel Trippet that
he would have to make complaint in the
proper way.
Juror Andrew Peterson informed the
court hat he was sick and unable to
serve. He was asked to describe his Ill
ness, which he did, saying he could not
sleep in a strange place and now a a
headache. The court said it you'd be a
hard matter to excuse him now. He
would have to serve but if he got so sick
he could not serve any longer to call at
tention of the court to the matter.
The defense asked that all the witnesses
be kept out of the court room. 1t was so
ordered. except Drs. Owings and Glass.
All of the sheriff s officers. who are also
Witnesses. We're excluded. which left the
court unprotected by bailiffs and the
court ordered that the bailiffs be re-
turned to court.
This witnesses, AZ for the state and "a for
the defense, We're sworn. County AttOr-
ney Duffy read the complaint and then
made his opening speech, which was in
part that Clinton Dotson. Ellis Persinger
and Oliver Benson murdered Eugene Gull
linane in American gulch on or about
Aug. s. 1899. Cullinane was a miner,
known to have been a saving person, and
had accumulated considerable money. AT
a time prior to the murder of Cullinane.
Clinton Dotson, the defendant. hade made
a proposition to a neighbor to murder
Cullinane for his money, that n%eighbor
being now a witness in the case. The last
time Cullinane was seen alive was Aug. 8.
Aug. S Cullinane's neighbors We're at
tracted by his horse and began a search
which resulted in the discovery of his
body in a lonesome place not far distant
from his cabin. He was shot through the
head. The chase for the murderers was
then described and the arrest Of Dotson.
Persinger and Benson. who it is claimed
had in their possl ssion the watch which
| belonged to Cullinane. He then described
the wagon in which the men We're travel
ing in ard the route over which they
Travelled, which was eastward from the
scene Of The murder.
The defense was willing and the exam
~ination of witnesses proceeded.
DR.. Glass of Deer Lodge was the first
witness called. Counsel Trippat objected
to any testimony being given against the
defendant. for the reason that the in
formation was not signed by the county
attorney. but BY the clerk Of the court,
Z. j. Corcoran, by Deputy Clerk j. j. Nc
Guinness, and ucon the oath Of County
Attorney J. II. Duffy. The objection was
OVerruled.
DIR. Glass testified that he assisted at
the autopsy on the body of Eugene Gull
linane on August Is. There We're three
wounds. one on he face, near the left
side Of the nose. The entrance was small
and the exit was large. Another wound
was IN the back three inches from the
sp;ne. The bullet in the second wound
did not pass through the body. and was
found near the navel.
The state asked which wound was
given first. but this was objected to by
the defense The objections We're over
ruled.
DR.. Glass SAID that it was the first
wound. Death was instantaneous. The
body had the appearance of being dead
three days.
DR.. j. H. Owings of Deer Lodge said
he assisted d.. Glass in making the au-
topsy on Cullinane's body. There were
really four wounds. The second wound
was near the spine and nearing the
floating rib and had no ext. The bullet
from the second wound, weighing IFS
grains. was introduced in evidence after
being identified by DR.. Owings.
John Chadwick of Nevada creek was
sworn and mutteringly addressed the
court in certain respects. but HI VAS COM
manded to face the jury and give his
testimony. He had seen the defendant.
Dotson. about four times. He came to
hs house. One time nOtson and another
e .>'a,.a aud ha had a
talk about certain things. He talked
about Cullinane, and he said Cullinane
had about 5000 or $4,000. He said:
"Wouldn't it be better TO have that
money in circulation?"
About a week after that Dotson cane
along again. Dotson said he was not
there for the benefit of his health. He
said:
II will tell you what Til do. How would
1t be TO get this old mans money!"
Il SAID j don't want to rob anyone."
He said:
You don't have to-"
y asked him what he wanted me to
He said he wanted me to watch John
Va ~ $40, 50 ,i4et ne would be out of
the way.
Il said: You could not GET the old
mans money without hurting him..
Dofson said Cullinane had been in two
nank failures and had Mulholland up
there watching his money.
The state asked about a conversation
l. 70 NEE1 IN itna n nl ~ 1.