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

the BODY struck no bone. met no hard
obstruction, and yet did not pass clear
through the body, but lodged in the
front of the stomach. 1t is manifestly
impossible that the ball came from a
rifle" The attorney declared the tes-
timony and the ball itself shows the
caliber is larger than 3S-caliber, but is
only $1,000 Of an inch less than 40-cali-
ber land there are 40-caliber pistols all
over the country. Every one has one
Taking up the evidence regarding the
diary, Attorney Trippet pronounced the
entries in it pure fabrication and
called attention to the fact that the
book had been found four or five days
after the valises in which the cloth
ing 1T was contained in had been
thrown into the open vault and kicked
about there The attorney claimed
that some one interested in the convic
ton had made the entries in the book
and placed the book In the vest. He
declared there was no testimony what
ever in the record even asserting the
lead-penciled sheets, with which the
handwriting in the book was compared,
were written by Dotson. Then he re-
ferred to the discredit cast upon the
testimony of the handwriting experts
by the testimony of the two prisoners.
who had sworn they wrote the sheets
pronounced by the experts to be like
the writing in the book.
Going to the testimony regarding the
conditions surrounding the finding of
the body, Mr.. Trippet asked If the jury
pelleVed 1t were possible for the men
who dragged and carried the body to
the grave to have done SO without get
ting blood stains upon their clothing.
AS to the crooked track of the wagon.
he stated crooked tracks could be found
on almost any country road.
Mr.. Trippet dilated upon the fact that
the state hna COL A,,lJ
land. the man who first discovered the
disappearance of Dotson. although the
state had subpoenaed him, and i. mad
remained for the defense to call hiri
Mr.. Trippet declared the state had not
put Mulholland on the stand because
his testimony would not agree with
that Of kessinger, Mulholand swear
ing Cnllinane disappeared Aug. 5, while
Kessinger testified there were no
crooked tracks in the road Aug. s, they
rot appearing until the morning Of
Aug. 3. He also pointed out the state
had not investigated the pick and SHOW
el found near the grave. The have
taken the theory Of old mar Chadwick
and stopped there he declared.
AS to the failure # The defense to
secure corroborative abb evidence in
Helena, Mr.. Trippet said the defense
was without money and the sherif's
officers. who We're interested in the
pFOSecuIlOu reported lHey COui- Hul
find these witnesses.
The testimony of Pia.aon as to hav-
irs seen the defendant Persinser and
the outfit in the road from Washing ton
Euich, Mr.. Trippet reviewed and told of
many cases of false Identification, say
ing Pierson might have been mistaken.
Referring to the 'Su'linane watch
session of stolen PROBE. ty is only one
circumstance going to snow theft. and
the law VII not permit conviction
en- j. alone. He devoted considerably
attention to the testimony of Chad
wick discrediting it as imaginary. IN
his close he spoke at length Of 'proDa
BILE doubt" which, SO long as it exists.
precludes conviction.
MIR. Duffy Sums Up.
In opening his summing up Mr.. Duffy
denied the insinuation of Judge Trip
pet that he had gone outside the rec
ord in making statements to the jury.
He declared in the is years he has
practiced in this state he had never
been guilty of such an act. In this
connection he related the story of the
old lawyers advice to a young one:
IF you have the law on your side,
talk the law to the jury; if you have
the facts on your SIDE talk the facts
to the jury; but if you have neither
the law nor the facts on your side, give
the other fellow HI from the turn
loose" f
And" added Mr. Duffy, "that is
what the defense has been doing in
this case"
He called attention to the fact that
the defense had conceded foul crime
had been committed. 1t was, he said,
one of the most atrocious. cowardly and
brutal murders in the history Of the
tnt ln lat 1,,ns
and generalization which had charac-
teriZed it.
THE only contention said he, 'is
the identity of the criminal. ! say the
cowardly assassin who shot old Eugene
Cullinane in the back is present in the
court room in the physical body of
that man there'-pointing to Dotson.
He took up the evidence of the Pc
culiarly marked prairie schooner in
which Dotson had Travelled and pointed
out how it had served to identify him
and prove the journey from Helena to
Washington gulch and return. He en-
larged upon the strong evidence of
John Chadwick which showed the birth
of the conspiracy in Dotson's mind to
rob Cullinane, and showed the great
probability there was of its truth.
The evidence of the diary with The
entries which he claimed Dotson had
made was given considerable attention.
The entry in the book: Wrote to
Pa" and the testimony of old Captain
Dotson that he had received a postal
card from his son at that time, were
held up as circumstances going to
prove, aside from the testimony of the
handwriting experts, that the defend
ant had made the entry.
Taking up the theory of the defense
and the statements made on the stand
by Dotson. Mr.. Duffy dramatically
asked why, if this We're true, Persinger
and Benson had not been put upon the
stand to corroborate Dotson's story.
He asked in the same manner why they
had given no description of the stranger
from whom Dotson claims he bought
the watch, and why they had not
brought forward the blacksmith and
others Dotson had mentioned to cor
roborate his story of an alibi
Recurring to the diary, Mr.. Duffy as
serted positively the entries were made
by Dotson. :.
Judge Trippet interrupted him to dis
pute this statement, saying there was
no evidence to this effect. Under Sher-
if Morgan had testified Dotson made
l-,.& Z. l.