The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-22
ANACONDA NEWS.
CONTINUED TO JANUARY
Defense in Persinger Murder Case
Secure a Delay.
WANT MORE WITNESSES
Defendant Claims That by the Witnesses
the Sheriff Cannot Fird He Can
Prove an Alibt-Claims
Surprise.

Ellis Persinger will not be tried at the
present term of court. Yesterday his
counsel, after a brief but spirited argu-
ment in the district court, secured con-
tinuance of the case to Jan. %.
More than % witnesses from various
parts of Deer Lodge and Lewis and
Clarke counties We're present, together
with nearly 30 Jurors. All were excused,
the jurors only until next Saturday, but
the witnesses to the day of the trial.
When court convened in the morning
Attorney J. M. Self, who, with Attorney
w. Fl. Trippet, appeared for the defense,
moved a continuance until 2 p. m. to en-
able the defense to prepare certain state.
ments which they desired to make Pros
ecuting Attorney Duffy objected, but the
continuance was granted.
AT p. m. Attorney Self moved a con-
tinuaRce for the term and backed up the
motion with several aff1davits. The two
chief arguments he presented in support
Oh the motion were, first, surprise, and
second, failure of the officers to secure
the attendance Of important witnesses.
For the first time since he was arrest
ed charged with the murder of Eugene
Cullinane Persinger made public his line
Of defense in an affidavit supporting the
motion. He claims an alibi and gives the
names of men he claims to have bee,,
with in Lewis and Clarke county at the
time the murder was committed in this
county. There are four Of these men
Oscar Ward, Thomas Smith, Alex Horn
and William Jones. but somehow the Of
fcers have failed to find them. The de-
Tense set out that John Persinger, father
Of the defendant. is here now and will
use his time and money to hunt out these
witnesses and secure their attendance.
The surprise pleaded by the defense in
Its motion for continuance consisted in
the fact that it had learned on Monday
that the state proposed to summon
Charles Oliver Benson to the stand in
the case. Benson is serving 10-year's
sentence, having pleaded guilty to man
slaughter for completely in the killing OF
Culllnane. His confession, in which he
duplicates Persinger, already has been
published in the Standard
+, The defense alleged that it had not ex-
pected Benson would be put on the stand,
for If he gave testimony there in line
with his confession it would convict him
tof robbery. Attorney Self said that the
defense would require time to get wit
nesses here to impeach Benson
Prosecuting Attorney Duffy argued Wig
orously against continuance and cited
authorities to uphold his position but the
continuance was granted nevertheless
The affidavit of Persinger, in which he
sets forth his alibi. was as follows
ELLIS Persinger, being first duly sworn
on oath, deposes and says as follows to-
wit:
That he is the defendant in the above
entitled action; that the information in
said cause was filed in this court on the
18th day of August, 1899, charging the af-
liant with the crime of murder, committed
on fhn IA 6nH
affiant was arrested in Gallatin county.
state of Montana, on the 18th day of Au-
gust. 1899 and brought to the city of Ana
conda, Deer Lodge county. Montana, ana
lodged in the county jail of said county,
where he has ever since been. and is now,
confined; that ever since atlantis incar-
ceration in said jail through the efforts
of his counsel he has been preparing for
this trial. as hereinafter detailed.
That Notwithstanding the efforts of af-
liant and his counsel to be prepared for
said trial, he cannot safely go to trial
at the present term of this court for the
following reasons, to-wit: The absence
Of witnesses and evidence material to this
defendant, and which defendant has been
unable to procure at this term of the
court.
THAT the prosecution in said cause will
prove on the trial thereof that Eugene
Cullinane, mentioned in the information
the 5th day of August, 1899 and the 9Th
day of August, 1899, at American gulch, in
Deer Lodge county Montana. where his
body was found on the 18th day of Au-
gust. 1889; that the said American gulch.
where the said Cullinane was killed, is
about so miles from the city of Helena,
situate in Lewis and Clarke county, state
of Montana, as hereinafter mentioned,
and that said Culinane was last seen
alive on Aug. 5, 1885, and missed on Aug,
s, 1899.
THAT one Oscar Ward is a material
witness, and said Ward would testify that
he saw and was with the defendant in
the city of Billings, Yellowstone county,
state of Montana, on the 31st day Of July,
1882 that thereafter the defendant and
the said Oscar Ward travelled together
from the said city of Billings to the city
Of Helena, Lewis and Clarke county,
Montana; that the defendant and the
said Oscar Ward arrived together in tho
city of Helena on the 1st day of Augusta
1897 that on the I'd day of August. 1899,
the defendant and the said Oscar Ward
sought employment at the brick wards
east of the said city of Helena; that tho
defendant and the said Ward ate break
fast together at a restaurant or boarding
house near the Northern Pacific depot, in
SAID city or Helena; that the defendant
and the said Oscar Ward slept together
on the night Of the I'd day of August,
1899. in room over the restaurant in the
said city of Helena, and which restau-
rant was called the I x L. that the de-
PENDANT and the said Oscar Ward to-
gether on the Sd day of August, 1899,
walked about six or seven miles to look
at patch of timber for the purpose of
chopping cordwood; that said timber was
In about southeasterly direction from
the said city of Helena: that the Defend
mt and the said Oscar Ward ate and
slept together on the Sd of August, 1899.
at the said I X l. restaurant; that ths
defendant and the said Oscar Ward to-
gether on the 4th day of August, 1899
sought work at another brick yard in a
different locality from the brick ward
heretofore mentioned, and near or in the
said city of Helena; that the defendant
and the said Oscar Ward together ate
breakfast on the 4th day Of August, 1885,
at the L X L restaurant: that the said
Oscar Ward secured employment at the
brick yard east of the said city of Hell
cna on the 4th day of August, 1899; that
the said Oscar Ward did not continue to
work at tn, said brick yard after the 4th