The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-13

speak at $40 a. m. and closed at 1890
a. m. He went over the salient points
| of the evidence. The watch especially,
the rifle ball found in Cullinane's body
and the rifle found in Dotson's possess
sion. Mr.. Casey called attention to the
fact that where conspiracy had been
laid all parties to it were equally guilty.
He mentioned the fact that the states
1 case Is largely circumstantial, but
4 he added. "circumstantial evidence, is
the strongest kind of evidence. These
| hings"-pointing to the exhibits in the
case-"don't lie as man may lie
Further along he said You may
hear to-day some loud talk about the
| methods used by the county attorney
in this case. and about it having been
contrary to the constitutional right of
Persinger to have called him, but, gem
tlemen, if innocent
II except to any statements regard
ing Persinger," said Mr.. Trippet, for
the reason that all reference to that in
cident has been stricken from the rec
! ords and for the further reason that
such statements are highly improper
| Judge Napton cautioned Mr.. Casey
to keep within the record in the case.
We'll" said Mr.. Casey, cit is not
testimony, but they said Persinger
| knew all about the watch, yet they tld
not produce him.
! II object to this statement as highly
| improper" said Mr.. Trippet.
The court held it was improper ana
cautioned Mr.. Casey not to make any
more such statements
Turning to Dotson. Attorney Casey
launched into an arraignment of him.
saying if Cullinane could rise from the
! dead 'he would point to that man as
his murderer and say: You shot me
first in the arm and head, and then as
l turned to fall you shot me n the
back"
During it all Dotson sat with
bored look on his face and just a Flint
of humorous wrinkle about his eyes.
| j. M. Self of counsel for the defend
ant began speaking at 1880 a. m. and
| did not close until LAS a. m. He dwelt
4 and then dWelt upon the terrors OF the
death penalty. In the course Of his
Il argument he referred to the first muir
derer, Cain, and pointed out that the
Almighty had not demanded his life as
penalty for the murder of his brother.
Mr.. Self went far into the history Of
jurisprudence in England France ard
other countries. telling the stories of
the mistakes made in inflicting the
death penalty in cases where circum-
| stantial evidence alone had been pre-
scented. On the conclusion of Mr.. Self
argument court adjourned until 1870
O'Clock. -
| Judge Trippet's Speech.
The chief argument for the defense
was begun at 1:35 o'clock by Judge
Trippet 1t was an extended speech,
lasting until o'clock.
Il will try to demonstrate to YOU I'M
der the law" said he, after short pre-
linlinary, that there is no evidence in
this case by which the defendant can
be convicted" He spoke of the crime
of murder as the most helnous known
| Al, nr,l
classifications into which murder is d.
vided Coming down to this particular
case, he said the date of the crime was
of no Importance in the law.
There is.'' he said. mo witness In
this case who claims he saw the mur-
| der committed; there is no witness IN
this case who will claim he saw this
man Dotson in that vicinity. The state
brings forward certain circumstances
and on them and on what has proceeded
from the mouth of the county attorney
they ask you to break this mans
neck"
Attorney Trippet then went over vie
theories of logic: deductive logic where
in certain principles are laid down ana
the facts made to fit them; inducttve
\ logic, in which facts are taken and from
them general principles are establish ~,
and chain logic, in which each link
must be as strong as the other. me
attorney declared none of these applied
to criminal cases. but that what is
| known as strand logic. in which all the
/ strands must be bound together ana
woven so strongly that it is Impossible
to break the rope, does apply this
whole case" said he sis founded on
/ what it termed crcumstantial evidence.
The law says circumstantial evidence
to secure conviction must be as strong
as direct evidence: it must be SO strong
that there can be no other theory in
the case than that the defendant IS
| guilty, and the court will so tell you is
the law"
In the course of his early remarks At
torney Trippet censured the county Off
GERS severely. saying: They assumed
the theory at the start that these rlan
did the thing and then they tried 10
make the facts fit the theory. They
but have been running all over the
state, at 10 cents mile, wrecking the
county in so doing, seeking to establish
this theory
| Leaving his argument for moment
or two Mr.. Trippet discharged consid-
cradle sarcasm at prosecuting Attorhes
Duffy and his talking. You are not to
try the case upon the grand stand eff
| forts of the county attorney said Mr.
Trippet. mot upon the stage effects of
the county attorney"
A number of cases in which defend
| anus nave neen eXeCllsH MISTAKENLY "ii
circumstantial evidence then were
cited.
Taking up the evid Mr.. Tripp7t
said there was no doubt in the world
that Eugene Cullinane was murdered
The fact that the watch had been found
in the outfit of the defendant he de-
clared was the only circumstantial and
absolutely the only evidence tending o
connect the defendant with the crime
Going on to give his theory of the
crime the attorney referred to the tes-
timony of the states witness Dumaine
the day previous, in which Dumalne
had told of seeing spring wagon pass
on the road between Helena and Wash
ington gulch, but had admitted the
wagon had no cover. Mr.. Trippet
said:
Theory of the Defense.
Il believe that God was in this case,
and that when the county attorney, by