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

yes"
In rebuttal he was asked by Attorney
Duffy:
Was not the book taken from this
vest?" N
1T was"
Then the state began to bring to-
gether some Of the scattered links of its
chain of evidence.
Z. A. futile took the stand as an ex-
pert on firearms and declared the bull
let in evidence, the one taken from Col
hnane's body, was of 3s caliber!
Jacob A. Yund. Helena paWnbroker,
came next with his books identifying the
watch positively as the one Eugene Gull
llnane had purchased from him at the
instance of Thomas F. Murray Aug. /,
1896 He gave the number of the case,
xl.125; and the number of the works,
2,54s, 600. and said there was no posi-
pllity OF mistake. In view of the fact
that witness Kelley on Monday swore he
had seen the watch in Cullinane's pos
session the Saturday previous, to the
murder, this portion of the evidence
seems well connected. -
THOMAS r. Murray came to-the stand
next and testified as to how he had
owned the watch originally, pawned it
and later induced Cullinane to4purchase
1T from the pawnbroker.
f. A. Churchills. Yund's clerk, gave
three witnesses was cross examined.
"A recess of 10 minutes was taken, at
the end of which NIB. Greenwood mana
ger OF the banking house of DAILY,
Donahoe & Greenwood, was called to
the stand as an expert in handwriting.
The diary was presented to him with
the penciled writing which Under Sher-
iff Morgan had shown. He unhesitat-
ingly declared them to be the same
handwriting. All this was preparatory
to the offer Of the handwriting in the
diary in evidence.
The witness compared the other sig
nature of Dotson, already in evidence,
to the handwriting in the book, and de-
clared the two written by the same
hand
Levi Davis was called as another ex-
pert on handwriting. He took an affir
nation instead Of an oath. After testi-
flying as to his ability as an expert
and testifying to having seen the hand
writing before, he was shown the diary
and the penciled writing
Are they the same?' he was asked.
The defense interposed an objection
to this class of testimony. which OBJ
lection was overruled and an exception
noted.
There is no doubt in my mind"
said the witness, that the person who
made the entry in the book is the
same who wrote on this sheet. The
writing is identically the same. The
resemblance is such as to preclude any
possibility Of another man having
written this Sheet
The witness also identified the Sig
nature of Dotson as being in the same
handwriting as the entry in the book.
On cross-eXamination the defense
handed the expert two pieces of hand
writing for the purpose of comparison
will, he n I,l
done in the instance Of the witness
Greenwood. \,
After examining one the witness
said: There is a marked difference be-
tween this handwriting and that in
the book" putting one piece aside AS
to the second he said: 'There is a diff
ference between this handwriting and
that in the book. Notwithstanding
this difference the same person under "
different circumstances may write diff
ferentiy, but there are some general
characteristics that will remain 3 ~
The defense here moved to strike out
the testimony of the witness Green
wood as incompetent and immaterial.
The motion was overruled.
Then camethe offer Of the writing of
the diary in evidence. The state at
the same time offered in evidence the
signature, which, at the instance of the
defense. was cut off the statement to
which it was attached, and also the
penciled writing heretofore offered as
an exemplar. Il
The defense objected to the admission
of this evidence on the ground that it,
had not been shown to be in the hand
writing of the defendant: that it is in
competent, immateral and Irrelevant
The objection was overruled.
Mr. Duffy here began to read the en-
tries from the book but was interrupt
ed by the objection of the defense to
the reading. The objection was over
ruled. The entries in the book were
as follows
Helena. July the 81. Rote to Pa
August the l. August the 1 in Hell
ena. August the 2 in Helena. August
the in Helena. August the in Hell
ena. Started back to the gulch the 5.
Got to Snowshoe the evening of the 5.
Laid over all day the on account
of heavy rain. Got to the gulch the
morning of the 6. Laid over all day
in the brush"
William Pierson Of Butte, who said
he was prospecting on Meadow creek
south of Bald Butte and on the road
from Bald Butte to Helena, in Aug
ust wac the next states witness.
August the 9th or 10th of August"
said he, II saw a wagon standing still
on the road south of Bald Butte, east
of Rlackfoot City, and headed south
toward Helena. / saw and talked to
one of the three men with it,
who was that man?"
"Persinger."
Objected to and objection overruled
Continuing, the witness said:
"Persinger went to the wagon. in
which a man whom l could not see, lay,
and under which a smooth-faced man
lay. and asked if they had any smok-
ing tobacco. I did not hear the reply.
l talked with Persinger perhaps 10
minutes. This was about o'clock in
the afternoon. About $50 or o'clock
the wagon and outfit started on, going
south in the direction of Helena. This
was the last l saw of the wagon until
I saw it in the jail yard here" The
witness described the wagon as he had
seen it on the road. Cross-examina-
ton developed nothing new.
Joseph Cough, a farmer. whose place
is northwest of Helena, but near there.
said he had seen the Dotson wagon
in the jail court yard.
Il first saw it, said he, "from the
eth to the S1st of July near my place.