The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-11

witness now on the stand that he
heard the defendant named in the in
4 formation state, while confined in the
county Jail at Bozeman, as follows: I
told nothing; they got nothing out of
me- and which statements were made
while the three defendants were in the
presence and hearing of each other and
In the hearing of the witness
lnen Mr.. Duffy proceeded to read a
citation supporting his contention
Better let the court read that him
self suggested Mr. Self.
well, l can read if 1 can't write"
snorted Mr.. Duffy, and continued the
reading.
The court then held that the proper
foundation must be laid for this testi-
mony before it could be admitted.
TO lay the foundation, Mr.. Duffy pro-
ceeded to show by the testimony OF
Mr.. Chadwick that no threats were
! made to secure the statement, no in
ducements held out and that the wit
ness was personally absent from the
scene but within hearing when the
statement was made. The defense still
objected. The court ruled that the wit
ness might say what, if any, statements
had been made by this defendant
| BEFORE Mr.. Duffy asked the question
| MI. Trippet cross examined the wit
ness, asking him if this statement had
been made after the visit of reporter
to the men. The witness said "after."
| He further said, in reply to Mr. Trip
pets questions, that that night re-
| porter had called. been admitted and
| talked to the prisoners. He had asked
| them If they had any statements to
make for publication. They said they
had not AT this time Persinger gave
! his name to the reporter" said Chad
wick; before that we had not known
| his name"
The continued objections of the de-
tense We're overruled and the witness
| asked to state what Dotson had said
| All can recollect is that Dotson said
he had done no talking"
Under Sheriff Morgan came to the
! stand next. He testified that Dotson
had acknowledged the vest now in evil
dence to be his. Mr. Morgan said the
grips. ana the vest had been received
from Deputy Sheriff Robinson by him
| and kept in his possession ever since.
Ihe defendants admission Of the own
| ershlp OF the vest was made at one Of
| the. offices of the Deer Lodge peniten-
tlary, where the defendant was tenn
| porarily held.
| AT that time" said the witness, 1.-THE
defendant signed a statement and also
wrote at my dictation-".
| Il object said Attorney Trippet, for
| THIS was not the kind of evidence the
| defense wants to go before the iury.
Attorney Trippet insisted that the Jury
pc excluded while the Testimony lead
ING up 10 the statement made was be-
! ing taken. This was done
Then the examination of Mr.. Morgan
proceeded in the absence of the Jury.
he produced several sheets covered
with lead pencil writing, which he said
had been made in one Of the offices
IN the penitentiary by the defendant,
ana that Dotson had done the writing
without any threats being made or in
JUDGEMENTS held out to him. The de-
Iendant mad written at his Uhe wit
ness) dictation.
The witness was cross-examined
Sharply in an endeavor to have II
shown that the defendant had been in
undated and that the object of taking
MN to the penitentiary was for that
purpose. The witness answered in the
negative these questions
Mr.. Duffy himself here took the
stand. II was present" said he, when
the defendant made this handwriting,
Mr Morgan asked him if he was will
ing to give specimen of his hand
writing. He said he was. Then, in the
presence OF myself, Mr.. Wilson a
suard' MI. Smith, a guard, and sew
being made or inducements offered. he
iTeely and Voluntarily wrote as Mr.
Morgan read the entries from this diary
round In the vest pocket"
Ihen came a redhot cross-exan,ina-
ton as Attorney Trippet. his large. dark
eyes aname with excitement. as ne
stood bent over the calm and nlaci1
county attorney and poured questions
on MN IN such flood that the Judge
several times had to check him and
Mr.. Duffy had to beg that one question
at time be asked
NOW, don't get excited, Judge" said
Judge Napton to Attorney Trippet eau
tionsly.
From the matters directly in hand
Attorney Trippet led his questions to
the Famous confession made by Benson.
the attorney charging that Mr. Dnffv
mad dictated that confession and that
II was In Duffy's language and not that
or Benson. He also indicated by his
questions that Mr. Duffy had been re-
sponslple Tor sending the two prisoners
to Deer Lodge and that the object was
to intimidate them into making a con-
fesslon and that the prisoners had been
Kept separate for the same purpose.
All of these allegations, made in the
form OF questions, We're denied with
Vlgor by the prosecuting attorney.
90 not see the object of all this"
said Judge Napton.
IT is to show the manner in which
TINS writing was made said Attorney
Irippet walking close to the Judges
bench and gesticulating freely. They
cannot compel man to give testimony
against himself and yet they take this
defendant and compel him under all
tne terrors of the law. handcuffed and
surrounded by officers. in the office of
a prison where he had been taken un-
lawfully and wrongfully, to write at
their dictation''
~ we insist upon this writing going to
Duffy. A''
The judge admitted the writing for
the purpose of comparison only. An
exception was noted, the defense hold
ing mat TINS evidence was in violation
OF the constitutional rights of the de-
PENDANT.
At this point the jury re-entered the
room.
The state then offered in evidence the
signature of Dotson to his first state
ment. made in the sheriff's office imme-
diately after the arrest. This statement
: l,nt, yN~e tpl