The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-08
ANACONDA NEWS.
Jury SECURED At LAST
100
Box Filled Sooner Than Was
Expected by Lawyers.
NO TESTIMONY TAKEN
Clinton Dotson Murder Cass Goes over
to Monday Morning, When the
sit' Actual Trial Will Begin.
Defense Is Alert.
NO TESTIMONY TAKEN

To the surprise of every one in the
court room, the attorneys included,
Jury was secured in the Clinton Dot
son murder TRIAL at 3:15 o'clock yester-
day afternoon.
Only two jurors from the special
venire of SO issued the day before we're
used When they had been accepted
both defense and state declined to use
any peremptory challenges, although
the defense had four and the state one
left.
So unexpected was this early termin-
alton of the efforts to secure jury
that the witnesses to be, used by the
state at the beginning of the trial
were not present. These were Doctors
Glass and Owings and Deputy Sheriff
Robinson, all of Deer Lodge. They
had been allowed to remain in Deer
used yesterday. This being so, court
adjourned until $3.50 a. m. Monday.
The jury consists of the following:
Andrew Peterson of Warm Springs,
farmer. ta
Luke Talbot of Stuart farmer.
william Dengler, ST., of Anaconda,
miner.
Frank Christofferson Of Deer Lodge,
farmer
man.
er.
John Sanders of Gable. farmer.
A. e. Schwend of Anaconda.
T. N. Emmons of Carroll, farmer
Henry Williams of Anaconda, me-
chanical engineer.
James McGrady of Anaconda, Ia
borerj
L. Scott of Deer Lodge, laborer.
The two jurors selected yesterday
were James McGrady and Luke Tai
bolt. Five of the jurors are from the
original panel that went into the box
Thursday. They are Frank Christof-
ferson Fred Zimmerman, l.. Scott, Al
bert r. Kleist and John Sanders. Inc
remaining five are from the first spe-
cial venire of 100.
1t was after o'clock yesterday att
ernoon when Judge Napton called the
seventh peremptory challenge for the
defense. Attorneys Trippet and Self,
for the defense, were in close and ear
nest conversation, Mr. Trippet smiling
slightly. Finally Mr.. Trippet said:
eve have no challenge to make"
"Do you waive the challenger" asked
Prosecuting Attorney Duffy.
mo" said Mr.. Trippet in Yeply, we
do not waive it, but we do not desire
to use 1t with the present panel in the
box" #A
T.'Well, you've got to use it or waive
it now said Mr. Duffy.
mot at ALL" said Mr.. Trippet. I'VE
have four challenges left and can use
them at any time
Then, Mr. Reporter, let the record
show that the defense declines to use
its challenge said Mr.. Duffy.
Have you any challenge, Mr.. Duff
fy?" asked the court, as the state had
one peremptory challenge left. !,
I'VE have no challenge to make
said Mr.. Duffy.
well, let the jury be sworn said
Mr. Trippet Immediately, and the law
yers looked at each other second in
mutual surprise. A Dreyfus trial re-
porter would insert at this point the
word Sensation" in parentheses.
The jury was sworn and recess OF
Is minutes taken. During that time
the Judge and attorneys talked the
matter over and decided that in view
of the absence of the Deer Lodge wit
nesses it would be useless to attempt
to proceed with the taking of testi-
mony. OF course other witnesses were
. present. but it was thought best not
to hear evidence out of it's regular
order.
The first thing to prove. in a case
of this character is the corpus delecti
the body of the crime. This cannot
be proven in this case without the tes-
timony of the physicians who conduct
ed the autopsy, namely: Drs. Glass
and Owings. Hence the necessity for
hearing them before other witnesses.
It is the intention of%the state to
follow this testimony With !, that OF
Deputy Sheriff Robinsons who found
the body. He will tell of the evidence
that goes to show a murder@was COM
mitted. Having thus laid the founda-
ton of it's case the state will proceed.
link by link, to weld the. chain of evil
dence against the defendant.
Before the adjournment of court yes
terday afternoon Deputy Sheriffs
Walsh and Mullin were sworn to take
charge of the jury, which is locked up.
One of the features of yesterday s
proceedings was an elaborate objection
made by the defense to the entire jury